Legislature(2007 - 2008)BUTROVICH 205

10/26/2007 01:30 PM Senate RESOURCES


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01:45:24 PM Start
01:46:24 PM SB2001
02:16:31 PM Aoga Question 1:
02:16:44 PM Aoga Question 2:
02:23:20 PM Aoga Question 3:
02:56:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+= SB2001 OIL & GAS TAX AMENDMENTS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
                SB2001-OIL & GAS TAX AMENDMENTS                                                                             
                                                                                                                                
1:46:24 PM                                                                                                                    
CHAIR HUGGINS  announced SB 2001  to be up for  consideration. He                                                               
said that his intent today is to  "sort of close the loop" on any                                                               
issues  that are  out  there that  the  administration wanted  to                                                               
discuss or that committee members  had on their minds. He started                                                               
by  asking  Commissioner  Galvin to  comment  on  ConocoPhillips'                                                               
concern about triggering the floor based on different scenarios.                                                                
                                                                                                                                
COMMISSIONER PATRICK  GALVIN, Department  of Revenue  (DOR), said                                                               
he wanted Rick Ruggiero to  provide his comments on how adjusting                                                               
the floor one way or the other might change the outcome.                                                                        
                                                                                                                                
1:47:22 PM                                                                                                                    
SENATOR WIELECHOWSKI  joined the committee. Senators  Hoffman and                                                               
Thomas were in attendance.                                                                                                      
                                                                                                                                
RICH  RUGGIERO, Gaffney,  Cline  &  Associates, representing  the                                                               
Administration,  went  to slide  5  entitled  "Impact of  the  10                                                               
Percent Legacy Floor" from  the ConocoPhillips presentation dated                                                               
10/24/07. Under the second bullet  it states that the minimum tax                                                               
can be triggered by two  events occurring. One is high investment                                                               
and the  other is  that investment  in a  low price  scenario. He                                                               
said it's not impossible that  that will occur, but it's unlikely                                                               
that if  there's a project  with very  low prices there  would be                                                               
very high investment. But it could happen.                                                                                      
                                                                                                                                
1:48:47 PM                                                                                                                    
Slides 6 and  7 ConocoPhillips ran an  example basically assuming                                                               
a $50/barrel  price. Mr.  Ruggiero said  roughly they  indicate a                                                               
$10 operating expense  and then they run  two different scenarios                                                               
- one  with a $10 Capex  (the equivalent to reinvesting  about 25                                                               
percent of  the otherwise profit) and  then they run a  case of a                                                               
$20 investment. They  compared the two and showed  that when they                                                               
are  reinvesting  25 percent  of  their  profit  in a  low  price                                                               
scenario, that the  tax they would pay under the  ACES 25 percent                                                               
net profit  is greater than  the floor  at 10 percent  applied to                                                               
the gross  revenue. But, he  said, when you  go to the  very high                                                               
investment  case,  under the  net  calculation  with the  credits                                                               
given, the  tax would be $1,  but the minimum tax  says they have                                                               
to  pay $5  because  of  the otherwise  minimum  in the  proposed                                                               
legislation.  He  reiterated  that  they have  stated  a  set  of                                                               
circumstances  of low  price  with very  high  reinvestment as  a                                                               
situation under which this could occur.                                                                                         
                                                                                                                                
1:50:37 PM                                                                                                                    
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
1:50:50 PM                                                                                                                    
MR. RUGGIERO said ConocoPhillips also  looked at this scenario on                                                               
a more  Kuparuk-wide valuation on  slide 8. They ran  through the                                                               
same type of calculation, but using  more of the volumes that one                                                               
would  expect  in  Kuparuk  and  applying, as  they  say  in  the                                                               
footnote,  the prices  that  are  in the  PPT  Status Report.  It                                                               
indicates that in  the potential high investment  case, their tax                                                               
bill under a  straight net would have been $228  million; it also                                                               
shows their tax  bill, because of the minimum, is  $280 million -                                                               
a $52 million difference.                                                                                                       
                                                                                                                                
He said that ACES offers the  immediate write off of the capital.                                                               
So  in the  calculation on  the right-hand  side they  have taken                                                               
immediate write off of the $800 million.                                                                                        
                                                                                                                                
CHAIR HUGGINS asked if "immediate" means over 24 months.                                                                        
                                                                                                                                
MR. RUGGIERO replied that the capital  gets to be deducted in the                                                               
year spent.                                                                                                                     
                                                                                                                                
COMMISSIONER  GALVIN clarified  that  under ACES  you can  deduct                                                               
capital expenditures from  income in the first  year; however the                                                               
credits in  the second part of  the proposal are spread  out over                                                               
the 24 months.                                                                                                                  
                                                                                                                                
MR. RUGGIERO said  that in the example they took  their full $800                                                               
million immediately, which  other jurisdictions might have  a 2 -                                                               
10  year process  in  which  to write  off  that capital  against                                                               
production based taxes.  He commented that both the  PPT and ACES                                                               
allow very generous write offs for investment.                                                                                  
                                                                                                                                
Coming  down through  ConocoPhillips' calculation,  he explained,                                                               
that they  also subtracted  the credits and  in the  example they                                                               
take the  full 20 percent in  that one year. He  pointed out that                                                               
if  they have  the right  credits, they  could create  an example                                                               
similar to this  that would take them below the  minimum line. If                                                               
you add up the  $800 million and add up the  full credits of $160                                                               
million, that's  $960 million. They  are actually able  to deduct                                                               
(even if  they go to  their minimum  number) $908 million  of the                                                               
$960 million  - or 95  percent of  the credit available  to them.                                                               
The other $52 million would just  carry forward to the next year.                                                               
The loss in  that example was their perception of  the time value                                                               
of being able  to write that to the next  year. Even this example                                                               
using numbers representative  of Kuparuk does not  create much of                                                               
a problem for the minimum, he said.                                                                                             
                                                                                                                                
1:54:35 PM                                                                                                                    
SENATOR  GREEN asked  if he  was referring  to the  same scenario                                                               
under the current PPT or the rewrite.                                                                                           
                                                                                                                                
MR. RUGGIERO replied that this  was representative of the current                                                               
PPT. He explained:                                                                                                              
                                                                                                                                
     What they  have done is  they've mixed two  things. The                                                                    
     current  PPT  allows the  immediate  write  off of  the                                                                    
     credit.  But PPT  doesn't have  the 10  percent minimum                                                                    
     floor.                                                                                                                     
                                                                                                                                
SENATOR  GREEN   said  that  comparing  this   example  to  other                                                               
jurisdictions of  the world isn't  as germane as a  comparison of                                                               
it to the original PPT.                                                                                                         
                                                                                                                                
1:56:10 PM                                                                                                                    
SENATOR WAGONER joined the committee.                                                                                           
                                                                                                                                
COMMISSIONER PATRICK  GALVIN, Department of Revenue  (DOR), added                                                               
the question of how realistic it  is that the state will actually                                                               
face  this type  of scenario  when you  look at  the North  Slope                                                               
average  of about  $14/barrel  Opex plus  Capex  and that  legacy                                                               
fields  are on  the lower  end of  that average  is low.  The low                                                               
level assumption  on slide 7  starts higher than prices  they are                                                               
experiencing now  by a  significant amount  and they  wouldn't be                                                               
affected by  the floor. Costs would  have to go up  to $30/barrel                                                               
for  the two,  which  is  more than  twice  the current  reported                                                               
amounts at a $50 price.                                                                                                         
                                                                                                                                
1:58:50 PM                                                                                                                    
SENATOR WIELECHOWSKI  said the  testimony he  heard from  the oil                                                               
companies was  very compelling  - that  the gross  minimum really                                                               
does have  an impact on  their decisions.  The next few  pages of                                                               
the presentation  show how  the gross minimum  makes a  number of                                                               
fields uneconomical. He wanted to  hear Mr. Ruggiero's opinion on                                                               
that.                                                                                                                           
                                                                                                                                
MR. RUGGIERO clarified  that they are referring to  slides 12, 13                                                               
and 14  from ConocoPhillips' original presentation.  He gave some                                                               
background  saying  that from  his  experience,  normally in  the                                                               
public  forum   three  things  come   into  play   in  presenting                                                               
economics:  one has  to  do  with the  size  of  the reserves  as                                                               
modified  by  the recovery  factor  as  modified by  the  overall                                                               
production profile, a market price  and an expected Opex cost, as                                                               
well as the  Capex to develop it. Traditionally  he would present                                                               
conservative  cases  in  each  of  those.  ConocoPhillips  didn't                                                               
indicate what  price they used. However,  their previous examples                                                               
ran a  very conservative  $50 price and  he supposed  that flowed                                                               
through to these examples.                                                                                                      
                                                                                                                                
Second, one  of their fields  is similar to  field A, but  with a                                                               
different  reserve  figure,  which  could  be  the  result  of  a                                                               
different interpretation of  the recovery factor. In  slide 13, a                                                               
spread of prices  from $40 to $60 is  presented with conservative                                                               
volumes  and costs  and indicates  that at  this range  they have                                                               
some  vulnerability. He  deduced that  a problem  with the  floor                                                               
might happen closer to the $40 figure.                                                                                          
                                                                                                                                
2:04:46 PM                                                                                                                    
COMMISSIONER GALVIN  said slide 14  shows that under PPT  all the                                                               
projects  are economic  other than  projects  4 and  6. Slide  13                                                               
shows that projects 4 and 6 are  the two that have data points of                                                               
$40, $50  and $60. He supposed  that the projects that  are above                                                               
the  black line  at $50  are  considered economic  and below  $50                                                               
marginal.  He   said  the   slides  are   all  a   reflection  of                                                               
ConocoPhillips's risk  assessment in making  investment decisions                                                               
and   they   chose   to   characterize   that   assessment   very                                                               
subjectively.                                                                                                                   
                                                                                                                                
2:09:00 PM                                                                                                                    
SENATOR   STEDMAN  asked   if  the   new  commissioners   had  an                                                               
opportunity to  look at  the banded range  that was  discussed in                                                               
the old  PPT presentations. He  said the legislature spent  a lot                                                               
of time trying  to stay out of that range  with progressivity, in                                                               
particular,  to  not  impact their  capital  budget  process.  He                                                               
wanted  to   know  if  those   numbers  had  now   moved  upwards                                                               
substantially.                                                                                                                  
                                                                                                                                
COMMISSIONER GALVIN replied  they hadn't gone back  and looked at                                                               
those discussions. They have primarily  looked at the question of                                                               
how much  investment is  needed to bring  the decline  curve back                                                               
up.                                                                                                                             
                                                                                                                                
2:10:30 PM                                                                                                                    
CHAIR  HUGGINS  said  his  motivation   in  asking  the  original                                                               
question is  to close the  loop and decide whether  the scenarios                                                               
are valid or not and if  the state can live with those unintended                                                               
consequences.  He  then said  the  committee  would take  up  the                                                               
questions that were  asked by the Alaska Oil  and Gas Association                                                               
(AOGA).                                                                                                                         
                                                                                                                                
2:12:05 PM                                                                                                                    
^AOGA Question 1:                                                                                                               
Clarify the  department's ability to use  joint interest billings                                                               
(JIBs) as a starting point for audits.                                                                                          
                                                                                                                                
COMMISSIONER GALVIN  explained that  the current  statute dealing                                                               
with  lease expenditures  has  fairly  detailed subsections  that                                                               
describe how the  department should use JIBs  in determining what                                                               
lease  expenditures  are  allowed  and what  shouldn't  be.  ACES                                                               
changes the  obligation for  the Department  of Revenue  (DOR) to                                                               
define the allowed expenditures.                                                                                                
                                                                                                                                
From listening  to his  auditors and people  who are  writing the                                                               
regulations  to implement  the  PPT into  the  audit process,  he                                                               
found that although  joint interest billings are  a key component                                                               
in finding what costs have  accrued, they are a representation of                                                               
agreements  between   the  parties,   not  a   representation  of                                                               
compliance with  the statute  and regulations.  Current statutory                                                               
language provides a requirement that  JIBs are one of the primary                                                               
drivers in  establishing the appropriateness  of a  deduction and                                                               
he wanted  to reshape that  section so it is  properly identified                                                               
as  one  of  the  components of  making  the  determination.  The                                                               
question he  had to answer  is what specific authority  exists in                                                               
the bill that  recognizes the roll of JIBs  in that determination                                                               
process.                                                                                                                        
                                                                                                                                
He said the language he came up  with was on page 42, line 11, of                                                               
the bill. It  lists the components and references  an operator is                                                               
allowed to  bill a producer that  is not an operator  and it says                                                               
how  the department  shall consider  joint  interest billings  in                                                               
determining lease  expenditures. He said this  language exists in                                                               
current statute, but it is being moved to a different spot.                                                                     
                                                                                                                                
CHAIR HUGGINS asked if AOGA's concern was ill-founded.                                                                          
                                                                                                                                
COMMISSIONER GALVIN replied yes.                                                                                                
                                                                                                                                
2:16:31 PM                                                                                                                    
^AOGA Question 2:                                                                                                               
Why is the  specific authority given to the  department for using                                                               
JIBs  being removed  in  ACES?  JIBs appear  to  be an  excellent                                                               
starting  point (given  the  fact that  they've  been audited  by                                                               
partners  in  a project)  for  audit  purposes  by DOR.  If  this                                                               
authority  is  removed  by  ACES  when  it  is  specifically  now                                                               
authorized, on what basis does DOR  believe it will be allowed to                                                               
use them?                                                                                                                       
                                                                                                                                
2:16:44 PM                                                                                                                    
JOHN  IVERSEN,  Director,  Tax Division,  Department  of  Revenue                                                               
(DOR), explained that this question is  posed to section 1 of the                                                               
bill and  the intent of  this provision doesn't have  anything to                                                               
do with interest; it only  affects the statute of limitations and                                                               
expresses what  is already  in regulations  regarding retroactive                                                               
adjustments.  Current regulations  have an  express reference  to                                                               
lease expenditures and that is in 15 AAC 55.820.                                                                                
                                                                                                                                
2:18:53 PM                                                                                                                    
^AOGA Question 3:                                                                                                               
Section  1 "confirmation  by clarification  of the  long-standing                                                               
interpretation of AS  43.05.260 by DOR relating  to limitation of                                                               
assessments  for   the  production  tax   on  oil  and   gas  and                                                               
conservation surcharges on  oil". Why is it  necessary to confirm                                                               
this   interpretation?   Are   there  matters   currently   being                                                               
adjudicated which  would be impacted  by this  new "confirmation"                                                               
and if so, what is the  nature of those? Why isn't the regulatory                                                               
language in  15 AAC 55.200  sufficient and what is  the practical                                                               
effect of AS  43.55.075(b) in the ACES legislation?  Why does the                                                               
department  feel   it's  necessary  to  extend   the  statute  of                                                               
limitations from three years to six?  Three years is used for all                                                               
of tax  structures in  the state,  so what is  it about  PPT that                                                               
requires an additional three years?                                                                                             
                                                                                                                                
COMMISSIONER  GALVIN  said  this   question  is  related  to  the                                                               
timeline that is  very complex in terms of the  returns a company                                                               
provides to  the department, the  interrelated returns  that they                                                               
are filing for  the federal government as well as  those that are                                                               
connected to  their partners.  There is  a lag  in the  time when                                                               
those  issues  are resolved  between  the  partners, the  federal                                                               
government  and  ultimately  with  the   state  -  and  there  is                                                               
likelihood  of  adjustments  as  a  result  of  the  resolutions.                                                               
Recognizing that  each one  of these things  could drag  out some                                                               
period  of  time,  he  wanted  enough time  to  capture  all  the                                                               
possible  changes  in  the underlying  discussions  so  that  the                                                               
state's statute of limitations would  not force the department to                                                               
take a premature position.                                                                                                      
                                                                                                                                
CHAIR  HUGGINS  asked what  the  current  lag  factor is  in  the                                                               
current audit process.                                                                                                          
                                                                                                                                
MR. IVERSEN replied it depends on  the taxpayer for one thing. He                                                               
was doing  one audit  from as  far back as  2003 and  others from                                                               
2004  and 2005.  He said  that taxpayers  sometimes cooperate  by                                                               
waiving time  so they can get  things done and so  the department                                                               
doesn't have to do a jeopardy assessment.                                                                                       
                                                                                                                                
COMMISSIONER GALVIN  followed up that  the audits Mr.  IVERSEN is                                                               
referring to are  under the previous tax  system. They recognized                                                               
the net  tax would  need the  same number of  auditors, but  of a                                                               
significantly  higher  level  of  expertise. The  answer  to  the                                                               
question of what  lags the department has in  the net tax-related                                                               
audits is that there are none,  because it has just started doing                                                               
them.                                                                                                                           
                                                                                                                                
2:23:20 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he has  heard deep concerns  about the                                                               
auditing  issue and  he  wanted assurance  that  the state  could                                                               
compete with  the oil companies in  auditing so it gets  its fair                                                               
share.                                                                                                                          
                                                                                                                                
COMMISSIONER GALVIN  assured him that with  the ACES requirements                                                               
and the rest of  tools he is asking for, he has  a high degree of                                                               
confidence that  the department  will be  able to  insure maximum                                                               
compliance. He  will know within  a couple  of years if  he needs                                                               
additional   help  and   this   administration  recognizes   that                                                               
challenge and will do everything it can to meet it.                                                                             
                                                                                                                                
2:27:30 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he  keeps hearing  about a  10 percent                                                               
discount  rate  that  the  oil companies  have  and  sees  profit                                                               
margins that  are much higher  than that  and he is  wondering if                                                               
that needs to be  tweaked. He said that was one  of Dr. van Meurs                                                               
recommendations.                                                                                                                
                                                                                                                                
COMMISSIONER  GALVIN  responded that  was  a  legitimate area  of                                                               
inquiry and  they are looking  at how  other places do  to insure                                                               
compliance   and  make   sure  the   system  doesn't   inherently                                                               
incentivize under reporting  of income. He is on  the right track                                                               
by comparing what  a company evaluates in terms of  their cost of                                                               
capital versus what they are going to have to pay.                                                                              
                                                                                                                                
He said if  there is a good faith disagreement,  you could end up                                                               
in a  situation where you  are penalizing someone  for exercising                                                               
their right to disagree.                                                                                                        
                                                                                                                                
CHAIR HUGGINS asked MR. IVERSEN  to describe the other mechanisms                                                               
that would kick the interest rate up.                                                                                           
                                                                                                                                
MR. IVERSEN replied under the  general powers of the commissioner                                                               
of Department  of Revenue  (DOR), in addition  to the  11 percent                                                               
rate  on  the annual  payment  that  is  due, there  are  penalty                                                               
provisions  for underpayments  and  those vary  on  the level  of                                                               
culpability. The first  section of AS 43.05.220 sets  a 5 percent                                                               
penalty  for  every  30-day  period  up  to  25  percent  in  the                                                               
aggregate based  on the amount  of underpayment  for under-filing                                                               
or not filing.  Section (b) adds another 5 percent  of the unpaid                                                               
amount  for  negligence or  intentional  disregard  of a  law  or                                                               
regulation  without intent  to defraud  on top  of that.  A civil                                                               
fraud,  provision (c),  has  a  50 percent  of  due  tax or  $500                                                               
whichever  is  greater.  In  addition  there  are  some  criminal                                                               
penalties in AS 43.05.290 and go as high as a class C felony.                                                                   
                                                                                                                                
2:30:47 PM                                                                                                                    
SENATOR WAGONER  said he  heard from one  company that  its total                                                               
capital  investment in  Prudhoe was  $19.5 billion  which pencils                                                               
out  to about  $1.50/barrel of  all  the barrels  that have  been                                                               
produced since they  started producing oil out of  that field. He                                                               
asked if there is a rule of thumb to come up with its Opex.                                                                     
                                                                                                                                
MR. RUGGIERO  replied that it would  have to do with  the type of                                                               
field it was  and the type of recovery it  is under, location and                                                               
environment  et cetera.  There are  a  lot of  variables to  come                                                               
together to come with an average  over the entire period. He said                                                               
for  a  very  long  duration  they were  operating  in  a  $20  -                                                               
$25/barrel  world and  he thought  the DOR  could find  that cost                                                               
structure, which he  could use as a surrogate to  average out the                                                               
Opex. He thought  they could come up with a  spread that could be                                                               
split between the companies.                                                                                                    
                                                                                                                                
COMMISSIONER  GALVIN reminded  Mr.  Ruggiero in  that most  other                                                               
places the Department of Revenue  could get that information, but                                                               
not in Alaska because it wasn't part of the tax system.                                                                         
                                                                                                                                
2:33:15 PM                                                                                                                    
SENATOR WIELECHOWSKI said  it will take a lot  more investment to                                                               
pull  out the  heavy oil  and extract  the significant  resources                                                               
that are  left and  he asked  Mr. Ruggiero  if he  sees a  lot of                                                               
money made in  Alaska staying here or going outside  and if he is                                                               
seeing it go outside, how could we capture more.                                                                                
                                                                                                                                
MR. RUGGIERO  replied from outside  looking in - money  leaving -                                                               
BP  and ConocoPhillips  reported  $2 billion  net  profit out  of                                                               
Alaska. You kind of know  the working interest percentages of the                                                               
different players  in the  fields and how  they might  related to                                                               
those two  companies and you  would expect partners  made similar                                                               
profits.  "It's easy  to say  that based  on those  2006 numbers,                                                               
although  there  was roughly  $1.9  billion  invested, there  was                                                               
somewhere  between $6  billion to  $9 billion  exported from  the                                                               
state as profit." He suspected similar figures for 2007.                                                                        
                                                                                                                                
CHAIR HUGGINS  asked the commissioner  to deduce that  number for                                                               
future reporting.                                                                                                               
                                                                                                                                
COMMISSIONER  GALVIN  said it  would  be  a very  rough  estimate                                                               
looking at ownership patterns, but he  would do it until they get                                                               
better information from the companies.                                                                                          
                                                                                                                                
2:37:21 PM                                                                                                                    
SENATOR WIELECHOWSKI wanted to capture  more of the money that is                                                               
leaving the state.                                                                                                              
                                                                                                                                
MR. RUGGIERO answered that he  didn't want to make fiscal policy.                                                               
However,  it's  very  important  to figure  out  first  what  the                                                               
drivers  are  and  what  the   state  is  trying  to  accomplish;                                                               
reinvesting in  legacy fields would  be one.  There are a  lot of                                                               
moving parts that have to be considered.                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  the   department  to  explore  that                                                               
question a little bit more.                                                                                                     
                                                                                                                                
SENATOR STEDMAN  said back when  they were working PPT  last year                                                               
they had presentations by EconOne  that took the gross revenue in                                                               
a  couple different  years and  broke it  out into  its component                                                               
parts. He  is not personally  too excited about or  interested in                                                               
profit numbers from the ConocoPhillips, Exxon and BP.                                                                           
                                                                                                                                
     What  I'm interested  in is  where is  the cash  to the                                                                    
     state and  what's our cut.  And when we get  to looking                                                                    
     at  the federal  government  take, the  state take  and                                                                    
     then the  industry, I  think we  can get  derailed very                                                                    
     easily by  going down rabbit trails  worrying about one                                                                    
     particular  company's  profit  margins  versus  another                                                                    
     one. It's irrelevant.  We need to pay  attention to the                                                                    
     state take and  make sure we get  that balance correct.                                                                    
     And as  far as how do  we keep the money  in the state,                                                                    
     we spent  weeks and  weeks on it  and it's  the credit.                                                                    
     You  make  it  a   financial  inducement  for  them  to                                                                    
     reinvest  the money  versus send  it back  to the  home                                                                    
     office to  be allocated  around the  world. So  we have                                                                    
     the mechanism in place.                                                                                                    
                                                                                                                                
     And I think the other day  the same subject came up and                                                                    
     we can go back into  our EconOne presentations and pull                                                                    
     some of that data out and  maybe update it for the last                                                                    
     fiscal year. But there is  no surprise that the Prudhoe                                                                    
     Bay is  a very profitable  oil field. It's  the biggest                                                                    
     oil field  in North  America. It's  30 years  old under                                                                    
     different price regimes  when it was put in  and to the                                                                    
     earlier  question  I  asked you,  Mr.  Commissioner,  I                                                                    
     think, the  number that was  used on the upper  band of                                                                    
     their targeted investment  modeling was $40/barrel oil.                                                                    
     And the reason I ask it is  because now we seem to be -                                                                    
     you know that doesn't seem to  be the upper band and my                                                                    
     concern  is that  the industry  doesn't just  move that                                                                    
     number around  to suit  the particular  presentation in                                                                    
     front  of them  or  bill in  front of  them  - that  we                                                                    
     actually trying  to get as  accurate information  as we                                                                    
     can.                                                                                                                       
                                                                                                                                
     But again the  fundamental issue in front of  us is the                                                                    
     state take and is it fair.                                                                                                 
                                                                                                                                
COMMISSIONER GALVIN said  they would look at  the numbers closely                                                               
in the Finance Committee.                                                                                                       
                                                                                                                                
2:42:16 PM                                                                                                                    
CHAIR HUGGINS  encouraged them  to look  at the  ramifications of                                                               
hauling  diesel fuel,  because DOTPF  thinks upkeep  of the  road                                                               
would cost  $2 million  for 100  vehicles a  day and  a stoplight                                                               
outside Wasilla  was estimated  to cost  $1.5 million.  A greater                                                               
concern  is one  crash -  one fire  - safety  sorts of  things or                                                               
assuming one plant  in Fairbanks goes down and they  have to haul                                                               
in from Kenai.                                                                                                                  
                                                                                                                                
2:43:58 PM                                                                                                                    
SENATOR WAGONER said  any diesel going to the Slope  comes out of                                                               
Kenai, but  it would  be piped  to Anchorage  and "taken  off the                                                               
rack there."                                                                                                                    
                                                                                                                                
COMMISSIONER GALVIN  said the issue is  multi-faceted, because on                                                               
one had  if the state allows  the deduction the cost  of building                                                               
the  low sulpher  diesel topping  plant, the  state is  basically                                                               
contributing $115 million to $150  million to that plant. It will                                                               
take the ability of another  competitor out of the competition to                                                               
create the same  product and sell it to them.  He agreed that the                                                               
state had to consider all the  costs associated with it - and the                                                               
trucks driving up and down the road should be one of those.                                                                     
                                                                                                                                
2:46:38 PM                                                                                                                    
CHAIR  HUGGINS   said  that  the   DOR  is  bound  by   some  IRS                                                               
requirements about  what can be  shared and  he asked if  DOR has                                                               
those same bounds or does it  get information that would cause it                                                               
to be bound.                                                                                                                    
                                                                                                                                
MR.  IVERSEN  replied  the state  has  very  strict  confidential                                                               
requirements to get access to any federal tax information.                                                                      
                                                                                                                                
COMMISSIONER GALVIN  said those  requirements would apply  to any                                                               
state agency.                                                                                                                   
                                                                                                                                
MR. IVERSEN said they are very careful.                                                                                         
                                                                                                                                
2:50:18 PM                                                                                                                    
SENATOR WIELECHOWSKI  went to the Chevron  risk/economic analysis                                                               
indicating that  taxing the upside can  discourage investment and                                                               
said it  was a compelling  argument; he  asked him to  comment on                                                               
that theory in general.                                                                                                         
                                                                                                                                
MR. RUGGIERO responded that Chevron  out of all the oil companies                                                               
did the  best job of showing  how its decision making  is done by                                                               
lying  out the  five  different pieces  of  information and  then                                                               
running  them  through  the  expected  monetary  valuation  (EMV)                                                               
calculation -  in essence  you're looking at  how much  a company                                                               
risks if it has failure versus how  much you can make if you have                                                               
success. One  of the things you  consider with success is  if you                                                               
will  have a  low  range of  success, medium  or  very high  very                                                               
successful project.  One thing they  mentioned is  that depending                                                               
on what you  do with the fiscal  if you just treat one  end of it                                                               
which is  at the high end,  and you reduce that,  it just becomes                                                               
calculus at that  time and it just flows through  the numbers and                                                               
spits out an answer at the other end.                                                                                           
                                                                                                                                
But  depending on  what you  do within  your system,  for example                                                               
giving  dry  holes an  immediate  write  off of  investments  and                                                               
credits,  especially on  the  low case,  can  actually raise  the                                                               
numbers.  So, in  that  representation they  chose  to show  both                                                               
ends.                                                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked if their  analysis caused him to think                                                               
there is enough protection in ACES.                                                                                             
                                                                                                                                
MR.  RUGGIERO said  he  hadn't  done that  type  of the  detailed                                                               
comparison between A and B.                                                                                                     
                                                                                                                                
COMMISSIONER  GALVIN  reminded them  that  ACES  is only  at  the                                                               
beginning of this process and in  the first committee. One of the                                                               
things they  need to keep in  mind with regard to  adjustments is                                                               
if the upside is being affected or  the downside - or if they are                                                               
affecting both.                                                                                                                 
                                                                                                                                
2:54:45 PM                                                                                                                    
SENATOR   STEDMAN    said   Marianne   Kah,    Chief   Economist,                                                               
ConocoPhillips, last  year did  very good job  of going  over the                                                               
capital  budgeting process  dealing  with  their banded  targeted                                                               
rates and  what happens  in their  process if  the state  puts in                                                               
some   changes   within  the   tax   structure   that  kicks   in                                                               
substantially higher  than their  high rate.  The bottom  line is                                                               
that it  didn't come into the  realm of price probability  and it                                                               
didn't affect their decision making very much.                                                                                  
                                                                                                                                
COMMISSIONER GALVIN said he would be  sure to go back and look at                                                               
those materials.                                                                                                                
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
CHAIR HUGGINS adjourned the meeting at 2:56:24 PM.                                                                            

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