Legislature(2009 - 2010)BUTROVICH 205

02/10/2010 03:30 PM Senate RESOURCES


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03:37:24 PM Start
03:38:13 PM SB242
04:21:25 PM SB243
04:34:34 PM Presentation: Point Mackenzie Rail Extension
05:13:27 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 243 NO ROYALTY ON GEOTHERMAL RESOURCE TELECONFERENCED
Heard & Held
*+ SB 242 GEOTHERMAL RESOURCE TAX CREDITS TELECONFERENCED
Heard & Held
+ Presentation:Pt.MacKenzie Rail Extension TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 243-GEOTHERMAL RESOURCE:ROYALTY/PERMIT/FEE                                                                      
                                                                                                                                
4:21:25 PM                                                                                                                    
CO-CHAIR MCGUIRE  announced SB  243 to be  up for  discussion and                                                               
that  it is  the companion  bill to  SB 242  that deals  with the                                                               
royalty relating to geothermal energy.                                                                                          
                                                                                                                                
MIKE  PAWLOWSKI, aide  to  Senator McGuire,  sponsor  of SB  243,                                                               
explained  that currently  under  AS 38.05.181(g),  the State  of                                                               
Alaska  charges a  10-15  percent royalty  on  gross revenues  on                                                               
geothermal  projects.  This  has  a  significant  impact  on  the                                                               
economics of  this geothermal  project that has  a fixed  cost of                                                               
$.12 to  $.14. Other  states don't  have royalties  anywhere near                                                               
what Alaska  has; these  royalties are very  similar to  what the                                                               
state  has  for  oil  and gas  development,  not  for  geothermal                                                               
development.  That is  where  the bill  started  off in  concept;                                                               
procedurally SB  243 removes royalty from  geothermal projects in                                                               
Alaska.                                                                                                                         
                                                                                                                                
CO-CHAIR  MCGUIRE  explained  that last  Interim  geothermal  was                                                               
looked  at and  an old  reference to  a 10-15  percent geothermal                                                               
royalty credit  was discovered.  They think  it was  put in  as a                                                               
place  holder back  when the  oil and  gas provisions  were being                                                               
developed,  but without  any reflection  on  what an  appropriate                                                               
geothermal regime would look like.  This resource is hot water, a                                                               
renewable energy  that is  not extracted  permanently in  the way                                                               
that hydrocarbons are.                                                                                                          
                                                                                                                                
She  explained  that   the  thinking  behind  this   bill  is  to                                                               
incentivize these  projects, but also realizing  that they really                                                               
don't  see a  rationale for  the state  to exact  a royalty  on a                                                               
resource that is not being  removed permanently from the ground -                                                               
the  whole  point of  royalty  and  severance.  If Alaska  has  a                                                               
royalty, it  would be the  highest rate  in the nation  and would                                                               
make any geothermal development in this state impractical.                                                                      
                                                                                                                                
Further,  Senator McGuire  said, some  states with  federal lands                                                               
aligning them have a 1.7  percent royalty. The federal government                                                               
has said 3 percent is  their threshold. Clearly the 10-15 percent                                                               
would  be "outrageous,"  and  she supported  no  royalty for  the                                                               
reasons she  just articulated. But,  she said she wanted  to hear                                                               
testimony from the companies about other royalty regimes.                                                                       
                                                                                                                                
4:25:55 PM                                                                                                                    
PAUL THOMSEN,  Ormat Technologies, echoed earlier  comments about                                                               
how geothermal  power capital  costs in  other states  are around                                                               
$4000/kW and  how in  Alaska the costs  are 25-50  percent higher                                                               
than that.  They think  SB 243 recognizes  that in  other western                                                               
states  geothermal  power projects  rarely  are  required to  pay                                                               
state royalties.                                                                                                                
                                                                                                                                
4:27:05 PM                                                                                                                    
He clarified that when they  were looking at this provision, they                                                               
found that  a predominance of  western states actually do  have a                                                               
very high  state royalty  rate in statute;  they just  don't have                                                               
any  geothermal  power projects  paying  it.  That is  when  they                                                               
started to question it. The  state of California has somewhere in                                                               
the range  of a  10-11 cent  royalty for state  lands; it  is the                                                               
largest producer  of geothermal  power in the  US. A  fraction of                                                               
their  projects  sit on  state  lands.  The geysers  in  Northern                                                               
California that produce 1000 mgW take  up a couple acres of state                                                               
land  and  pay  the  10  percent; but  when  you  look  at  total                                                               
projects,  it's  less  than  1 percent.  Another  example  is  in                                                               
Southern California.                                                                                                            
                                                                                                                                
MR. THOMSEN said  they compared that to a state  like Nevada that                                                               
is the largest geothermal producer  per capita, but does not have                                                               
a state  royalty rate at all.  The state is 90  percent federally                                                               
owned,  so Ormat  pays a  federal  rate. He  said the  Geothermal                                                               
Energy Association, the National  Association which Ormat is also                                                               
a  board  member of,  explained  that  geothermal royalties  vary                                                               
depending  on land  ownership, type  and  tend to  range from  .5                                                               
percent to 5.5  percent of revenues. The 10  percent is sometimes                                                               
applied to gross revenues versus  net. The majority of geothermal                                                               
projects currently  under development  in the  US are  on federal                                                               
lands where  BLM regulations call  for revenue royalties  of 1.75                                                               
percent for the first 10 years and 3.5 percent thereafter.                                                                      
                                                                                                                                
MR.  THOMSEN   said  that  despite   the  fact   that  geothermal                                                               
development faces  greater financial  challenges in  Alaska, they                                                               
think that  the current statute's  royalty rate of  10-15 percent                                                               
is simply  "cost prohibitive."  Ormat's financial  analysis shows                                                               
that removing  the royalty obligation  would reduce the  kWh cost                                                               
by about  10 percent;  and they think  that removing  the royalty                                                               
obligations from geothermal power plants  in Alaska will serve to                                                               
acknowledge the  unusually high  costs of  geothermal development                                                               
and  address even  the AEA's  concerns that  the direct  economic                                                               
benefits  of geothermal  production are  highly sensitive  to O&M                                                               
costs.  Unlike  the  previous  bill, this  one  really  looks  at                                                               
reducing  those costs  once the  project  is up  and operating  -                                                               
combating  the  high  prices  of   remoteness  of  projects,  the                                                               
severity of weather and other  difficult factors about developing                                                               
in  Alaska.  This  would  ultimately  lower  the  cost  of  clean                                                               
reliable power to ratepayers.                                                                                                   
                                                                                                                                
4:29:29 PM                                                                                                                    
CO-CHAIR  WIELECHOWSKI asked  if  he would  support an  amendment                                                               
that said  any reduction in royalty  is required to be  passed on                                                               
to the customers.                                                                                                               
                                                                                                                                
MR. THOMSEN replied  that he would examine that  language, but in                                                               
principle they absolutely support that concept.                                                                                 
                                                                                                                                
4:30:03 PM                                                                                                                    
At Ease                                                                                                                         
                                                                                                                                
4:34:25 PM                                                                                                                    
CO-CHAIR MCGUIRE  called the meeting  back to order at  4:34 p.m.                                                               
SB 343 was set aside.                                                                                                           
                                                                                                                                
         ^Presentation: Point Mackenzie Rail Extension                                                                          
          Presentation: Point Mackenzie Rail Extension                                                                      
                                                                                                                              
4:34:34 PM                                                                                                                    
CO-CHAIR  MCGUIRE announced  an  overview of  the proposed  Point                                                               
Mackenzie Rail Extension project.                                                                                               
                                                                                                                                
4:34:44 PM                                                                                                                    
JOHN  DUFFY,  Manager,  Matanuska   Susitna  Borough,  said  this                                                               
project offers  tremendous opportunities for the  State of Alaska                                                               
in terms  of job creation and  economic opportunities, especially                                                               
in the  South central region.  Studies done by the  University of                                                               
Alaska and  Northern Economics indicate  the project  will create                                                               
thousands of jobs and pay off  hundreds of millions of dollars to                                                               
the  state  treasury   over  a  hundred  years.   It  begins  the                                                               
diversification of Alaska's economy  and provides the opportunity                                                               
to  create  major   manufacturing  opportunities;  for  instance,                                                               
Alaska could supply  5 percent of the nation's  cement needs with                                                               
this project.                                                                                                                   
                                                                                                                                
RICK  MYSTROM, consultant,  Matanuska Susitna  Borough, said  the                                                               
Valley has  become their  new second  home, and  he sees  how the                                                               
economy of  Anchorage and the  Valley are very closely  tied. His                                                               
other business  is buying  and operating  apartments -  mostly in                                                               
Anchorage  and Eagle  River, but  his  job is  to understand  and                                                               
predict the  Alaskan economy.  In the last  35 years  the Alaskan                                                               
economy  has  slid three  different  times.  One time  was  after                                                               
conclusion  of  the TAPS  in  1979,  but  at that  time  Governor                                                               
Hammond who had  just been reelected in 1978  and the legislature                                                               
focused  on getting  jobs out  into the  economy. They  created a                                                               
capital budget  that allowed  for $1000/yr.  for every  person in                                                               
Alaska  for three  years  to  get jobs  into  the economy.  Every                                                               
community got a  chance to put forth its  suggestions for capital                                                               
projects. Since  he was on  the Anchorage Assembly at  that time,                                                               
he  knows they  built the  $32-million Sullivan  Arena, the  $32-                                                               
million Egan Center, a  $16-million museum expansion, $44-million                                                               
library, and what  was going to be a  $27-million performing arts                                                               
center,  but  turned  out  to  be $72  million  (because  of  the                                                               
dyslexic accountant).                                                                                                           
                                                                                                                                
More related to  what they are now doing, Mr.  Mystrom said, they                                                               
also  built the  extension of  Minnesota that  went south  out to                                                               
O'Malley that allowed for development  out there. That on a small                                                               
scale is what he wanted to talk to them about today.                                                                            
                                                                                                                                
He related  that the  second time  the economy  slid was  in 1986                                                               
when the  price of  oil dropped  from $30/barrel  down to  $8. At                                                               
that time  Governor Cowper  and the  legislature decided  to save                                                               
the   state's  money   and  allowed   for  very   little  capital                                                               
expenditure during the next two or  three years - and the Alaskan                                                               
economy  fell  off the  biggest  cliff  that  it had  ever  seen.                                                               
Anchorage lost  13 percent  of its population  and 25  percent of                                                               
its assessed  valuation. The same  thing happened in the  rest of                                                               
the state.                                                                                                                      
                                                                                                                                
4:42:30 PM                                                                                                                    
The  third  slide to  the  economy  is  happening right  now  Mr.                                                               
Mystrom said,  and he felt  the next 3-5  years were going  to be                                                               
tough. So, he encouraged the  legislature to use capital spending                                                               
now because it's cheaper now and more workforce is available.                                                                   
                                                                                                                                
4:43:06 PM                                                                                                                    
MR. MYSTROM said  to understand the impact of  Port MacKenzie and                                                               
the Rail Extension  they need to begin thinking  of the Fairbanks                                                               
North Star  Borough, the Denali  Borough, the Mat-Su  Borough and                                                               
Anchorage as a regional economy. He elaborated on his slides:                                                                   
                                                                                                                                
Slide  1:  Uncertainty  about   energy  availability  and  costs,                                                               
uncertainty about  the gas  line construction,  uncertainty about                                                               
the future  of the TransAlaska pipeline,  uncertainty about small                                                               
business  administration  rules   for  contracting  programs  for                                                               
Native  businesses,  and  ongoing  Congressional  discussions  of                                                               
scenarios that would not be good for Alaska.                                                                                    
                                                                                                                                
He said it's  just a matter of  how bad they will  be for Alaska.                                                               
There  is  also uncertainty  about  the  exploration permits  for                                                               
Chukchi  and  Beaufort Sea.  Uncertainty  is  very bothersome  to                                                               
investors; two things are certain:  one is lack of transportation                                                               
infrastructure  and  the  other  is lack  of  diversification  of                                                               
Alaska's economy.  One of the  solutions is the project  he would                                                               
talk  about now  and the  effects could  happen as  soon as  next                                                               
summer.                                                                                                                         
                                                                                                                                
4:46:09 PM                                                                                                                    
He  said  the  Port  MacKenzie/Rail  Extension  has  three  route                                                               
options for  getting the mainline  of the Alaska  Railroad (slide                                                               
3).  One  of  the  three  will  be  recommended  by  the  Surface                                                               
Transportation Board  that is part  of the ongoing EPA  study. It                                                               
should  come out  in March  and then  there would  be 60  days of                                                               
hearings  before a  final recommendation.  He said  the extension                                                               
would reduce  the number of miles  to tidewater by 147  miles and                                                               
it would have huge positive impacts on all four areas.                                                                          
                                                                                                                                
4:46:46 PM                                                                                                                    
CO-CHAIR  WIELECHOWSKI asked  what would  happen to  Anchorage if                                                               
things were shipped to Wasilla.                                                                                                 
                                                                                                                                
MR. MYSTROM  answered "very positive"  things, because  the ports                                                               
are  very different.  He said  he  would elaborate  on that  more                                                               
later in his presentation.                                                                                                      
                                                                                                                                
4:47:33 PM                                                                                                                    
SENATOR WAGONER asked from where to where for the 147 miles.                                                                    
                                                                                                                                
4:47:37 PM                                                                                                                    
MR.  MYSTROM   answered  "from  anyplace   north  of   Willow  to                                                               
tidewater" or 147 miles closer than it would be to go to Seward.                                                                
                                                                                                                                
He went  on to slide  4 on what the  rail extension means  to the                                                               
regional economy:                                                                                                               
                                                                                                                                
   · It opens up the Interior to resource development.                                                                          
   · It facilitates the development of a world-class limestone                                                                  
     deposit in Livengood just north of Fairbanks.                                                                              
   · It facilitates the development of a cement production                                                                      
     facility in or around Fairbanks.                                                                                           
   · It opens up a 60-mile corridor along the Railbelt to                                                                       
     exploration  and  extraction  of strategic  minerals  (lead,                                                               
     zinc, copper, molybdenum and silver).                                                                                      
   · It improves the transportation of lower cost and low                                                                       
     sulphur fuel to the Interior and Southwest Alaska.                                                                         
   · It dramatically improves the world competitiveness of                                                                      
     Alaska coal by about $3/ton.  This savings can be applied to                                                               
     any  aggregate  coming out  of  the  Denali and  North  Star                                                               
     Boroughs.                                                                                                                  
   · It reduces transportation and staging costs for the gas                                                                    
     pipeline construction.  The Denali Project believes  it will                                                               
     save about $100 million  in transportation and staging costs                                                               
     of pipe  for the gas  pipeline. Right  now the pipe  for the                                                               
     Liberty field comes  up from Japan to Houston,  goes by rail                                                               
     to Seattle, by  barge to Whittier and by  rail from Whittier                                                               
     north.                                                                                                                     
   · It increases employment in the four regions.                                                                               
                                                                                                                                
4:49:58 PM                                                                                                                    
SENATOR WAGONER asked  why it goes that route  instead of through                                                               
Seward and up the railroad from there.                                                                                          
                                                                                                                                
MR. MYSTROM said he would have  to ask the Liberty people who are                                                               
doing  it.  He  continued  his   presentation  saying  that  Port                                                               
MacKenzie is a bulk commodities  port for minerals, cement, coal,                                                               
fuel and  bulk fuel - very  different from the Port  of Anchorage                                                               
that is for consumer goods and containers.                                                                                      
                                                                                                                                
4:50:43 PM                                                                                                                    
He said the  Port of Anchorage will always be  the most important                                                               
port in Anchorage  because it focuses just on  consumer goods and                                                               
containers. Port  MacKenzie has  14 square miles  of industrially                                                               
zoned  area with  nothing to  prevent  industrial development  of                                                               
that area - like homes. Anchorage just doesn't have that.                                                                       
                                                                                                                                
4:52:20 PM                                                                                                                    
CO-CHAIR MCGUIRE said Cook Inlet  Region Incorporation (CIRI) did                                                               
a presentation  on its underground coal  gasification project and                                                               
they mentioned multiple times that  they were trying to stay this                                                               
side of the Mat-Su Borough line  because of local tax issues. She                                                               
wanted to know if those issues had been addressed.                                                                              
                                                                                                                                
SENATOR  HUGGINS added  that it's  really about  power generation                                                               
and  a delay  factor with  the permitting  process. Some  people,                                                               
including  MEA,  think  it's  not   a  friendly  environment  for                                                               
building power plants.                                                                                                          
                                                                                                                                
MR.  MYSTROM remarked  that  CIRI, the  Mat-Su  Borough, and  the                                                               
University of  Alaska Trust  own the land  at Port  MacKenzie and                                                               
are  supportive of  this legislation.  It does  not compete  with                                                               
Anchorage; it has  a 60 ft. mean low tide.  The Port of Anchorage                                                               
has 35  ft. The kinds of  ships that haul aggregate  and minerals                                                               
can't  come  into  the  Port of  Anchorage.  He  envisioned  that                                                               
ultimately the two  would become sister ports with  a common port                                                               
commission  supervising both  - with  the Railroad  included. The                                                               
Railroad is very supportive of this concept.                                                                                    
                                                                                                                                
To help  understand the differences  in the ports,  he explained,                                                               
Port  MacKenzie  can handle  Panamax  vessels,  the maximum  size                                                               
vessel that  can get through  the Panama Canal, and  Cape vessels                                                               
that  are too  big to  go through  the Panama  Canal and  must go                                                               
around Cape  Horn or the  Cape of  Good Hope. Port  MacKenzie can                                                               
handle the  largest ships  in the world;  it also  handles barges                                                               
carrying bulk commodities minerals, coals and aggregate.                                                                        
                                                                                                                                
                                                                                                                                
4:58:25 PM                                                                                                                    
He described  and explained the  pictures on slides  13-18. Slide                                                               
18  showed plenty  of storage  and staging  capacity for  all the                                                               
pipe needed  for both gas  lines. Again he said  Denali estimated                                                               
the rail  extension would save  $100 million  in the cost  of the                                                               
pipeline.                                                                                                                       
                                                                                                                                
Port  MacKenzie is  a two-and-a-half  hour drive  from Anchorage,                                                               
but soon a new ferry, the  MV Susitna, will start running between                                                               
the MatSu Borough, Anchorage, Kenai  and Tyonek. It holds 20 cars                                                               
and will be  christened in March in  Ketchikan. The revolutionary                                                               
thing about the  ferry is that the  cars will be drive  on at the                                                               
lower level  and then  the cars will  be hydraulically  lifted so                                                               
the  middle  part  of  the  ship never  touches  the  water.  The                                                               
pontoons become the  ice-breaker, making it the  first high speed                                                               
ice breaking ferry  that has ever been built -  built by the Navy                                                               
and turned  over to the  MatSu Borough  for years of  testing and                                                               
record-keeping. Incidentally,  he said the MatSu  Borough, in its                                                               
negotiations with the Navy, required that it be built in Alaska.                                                                
                                                                                                                                
SENATOR WAGONER asked where the ferry would dock in Kenai.                                                                      
                                                                                                                                
MR. DUFFY answered Nikiski.                                                                                                     
                                                                                                                                
5:02:06 PM                                                                                                                    
MR. MYSTROM said the ferry terminal  is already built on the Port                                                               
MacKenzie side.  He said  a number  of studies  had been  done by                                                               
Paul Metz, HDR,  and Northern Economics that talk  about how this                                                               
transportation  is   necessary  to   allow  the   development  of                                                               
limestone deposits,  zinc, molybdenum, copper, and  silver in the                                                               
Interior. It  will make a  significant difference in  the economy                                                               
of  that area.  The rail  extension is  estimated to  create 3000                                                               
related construction jobs  from 2010 to 2013.  The Port MacKenzie                                                               
portion would  create 500  jobs, Anchorage  720, and  the balance                                                               
from the  MatSu Borough for  a total of 3500  jobs. Incidentally,                                                               
he had found out that half the  employees at the Red Dog and Pogo                                                               
mines live  in Anchorage and  work a week on  and a week  off. In                                                               
addition  to   that,  this   project  would   facilitate  private                                                               
development of jobs along the rail  line that will become part of                                                               
Anchorage's northern industrial segment.                                                                                        
                                                                                                                                
MR. MYSTROM said the EIS will be  done in March for a cost of $10                                                               
million and  the construction  of the road  and the  rail bimodal                                                               
loop is under construction for a  cost of $17 million, which they                                                               
have   in  hand.   The  permitting,   design  and   beginning  of                                                               
construction for the  selected alternative is the  next step, and                                                               
keeping that going with $57 million  is what they are looking for                                                               
this  year from  the Legislature.  The cost  of constructing  the                                                               
railroad bed and  the final project, will depend on  which of the                                                               
routes are selected.  The laying of tracks could  be completed by                                                               
2013.                                                                                                                           
                                                                                                                                
CO-CHAIR MCGUIRE thanked him for his presentation.                                                                              
                                                                                                                                
CO-CHAIR  WIELECHOWSKI asked  if the  Railroad is  thinking about                                                               
bonding for this project.                                                                                                       
                                                                                                                                
5:07:34 PM                                                                                                                    
PAT  GAMBLE,  Executive  Director,  Alaska  Railroad  Corporation                                                               
(ARRC), responded  that the legislature gave  ARRC preapproval to                                                               
bond for  this project  in a previous  piece of  legislation, but                                                               
they haven't  reached that financial  decision point.  Having the                                                               
preapproval "in  our hip pocket"  makes it  a lot easier  to find                                                               
out which vehicle will be the best one for the state to use.                                                                    
                                                                                                                                
SENATOR HUGGINS asked for a quick burst on ARRC's mission.                                                                      
                                                                                                                                
MR. GAMBLE responded that was  a great question, because they are                                                               
"in the business of economic  development." The Corporate Act has                                                               
four state policies  that define the Railroad; three  of them are                                                               
in   the   development    area   of   resources,   transportation                                                               
infrastructure, and economic long-term growth.                                                                                  
                                                                                                                                
5:09:30 PM                                                                                                                    
MR. MYSTROM said  he understands that the  Railroad has authority                                                               
for revenue  bonds that  aren't practical  or realistic  for this                                                               
project.                                                                                                                        
                                                                                                                                
MR. GAMBLE responded that at the  time they were trying to do two                                                               
things at  once, one  was to pre-approve  the Agrium  project and                                                               
the other was to pre-approve  bonding for this project. He didn't                                                               
remember the exact bonding language,  but it was clearly intended                                                               
that the  tool be used  as appropriate  - he remembered  it being                                                               
"some sort of a conduit bonding."                                                                                               
                                                                                                                                
SENATOR WAGONER asked the average  cost of constructing each mile                                                               
of railroad right now.                                                                                                          
                                                                                                                                
MR.  GAMBLE answered  about $5-8  million/mile  depending on  the                                                               
geography, interest rates, and the cost of commodities.                                                                         
                                                                                                                                
SENATOR WAGONER  asked how  much more  traffic the  existing line                                                               
between  Fairbanks and  Anchorage can  take before  it will  need                                                               
modifications.                                                                                                                  
                                                                                                                                
MR. GAMBLE answered that the  good news is that the modifications                                                               
are just  about done on that  line. It includes the  bridges, the                                                               
sidings,  upgrading  signalization  and  technology.  They  began                                                               
building it in  earnest about eight years ago  in anticipation of                                                               
the pipeline and actually sped the  whole project up by 10 years.                                                               
The legislature gave them permission  to issue $165-million worth                                                               
of bonds to  pay the debt service. They have  three more years to                                                               
complete the whole line from  Anchorage to Fairbanks. Traffic now                                                               
is at a fraction of what it will  be able to move when and if the                                                               
time comes.                                                                                                                     
                                                                                                                                
5:13:27 PM                                                                                                                    
CO-CHAIR MCGUIRE thanked him again and adjourned the meeting at                                                                 
5:13 p.m.                                                                                                                       

Document Name Date/Time Subjects
Briefing on Southcentral Rail Extension.ppt SRES 2/10/2010 3:30:00 PM
Briefing on Rail Extension Econ. Benefits to Central AK.pptx SRES 2/10/2010 3:30:00 PM