Legislature(2011 - 2012)BUTROVICH 205

02/13/2012 03:30 PM Senate RESOURCES


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03:37:01 PM Start
03:38:34 PM SB192
03:40:38 PM Presentation: Five Year Look Back on Oil Industry Capital Expenditures by Category 2006-2010 & Access to Information
05:06:12 PM HB60
05:32:08 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 192 OIL AND GAS PRODUCTION TAX RATES TELECONFERENCED
Heard & Held
- Five Year Look Back: Oil Industry Capital
Expenditures by Category 2006-2010 & Access to
Information
Presentation by Commissioner Butcher, Dept. of
Revenue
HB 60 GEODUCK AQUATIC FARMING/SEED TRANSFER
Moved HB 60 Out of Committee
-- Testimony <Invitation Only> --
            SB 192-OIL AND GAS PRODUCTION TAX RATES                                                                         
   PRESENTATION: FIVE YEAR LOOK BACK ON OIL INDUSTRY CAPITAL                                                                
   EXPENDITURES BY CATEGORY 2006-2010 & ACCESS TO INFORMATION                                                               
                                                                                                                                
3:38:34 PM                                                                                                                    
CO-CHAIR  PASKVAN announced  the  continued  consideration of  SB
192.  He recapped  that  some information  had  been provided  to                                                               
Commissioner Butcher regarding  slide 6 and asked if  he had been                                                               
able to prepare a slide on the forward looking information.                                                                     
                                                                                                                                
BRYAN  BUTCHER, Commissioner,  Department  of  Revenue, State  of                                                               
Alaska, replied that  Mr. Tangeman was working on  that and would                                                               
get it to  him as soon as  possible. In response to  the issue of                                                               
getting  more   information,  he   had  been  working   with  the                                                               
Department of  Law on  what is  appropriate and  inappropriate to                                                               
discuss in terms of the Gleason decision.                                                                                       
                                                                                                                                
^Presentation:  Five  Year  Look  Back on  Oil  Industry  Capital                                                               
Expenditures by Category 2006-2010 & Access to Information                                                                      
3:40:38 PM                                                                                                                    
COMMISSIONER  BUTCHER  addressed  slide  13,  a  bar  chart  that                                                               
compared ELF, PPT,  ACES as introduced and ACES  as passed saying                                                               
the administration  believed the  pendulum had  swing too  far in                                                               
terms of  progressivity. ELF was  not getting the state  its fair                                                               
share of tax and definitely  needed to be reformed. That occurred                                                               
with PPT,  and ACES as  proposed would  have brought in  a little                                                               
bit more,  but ACES as  passed brought in considerably  more. The                                                               
Governor's oil  tax bill  is comparable to  the ACES  as proposed                                                               
scenario.                                                                                                                       
                                                                                                                                
3:42:01 PM                                                                                                                    
SENATOR  STEDMAN asked  if  the  numerics were  out  of the  fall                                                               
Revenue Sources  Book that had  the price  of oil at  $109.47 and                                                               
the volume expectations at 555 barrels  a day (bb/d) and then had                                                               
expectations out the following years to 2016.                                                                                   
                                                                                                                                
COMMISSIONER BUTCHER answered that was correct.                                                                                 
                                                                                                                                
SENATOR STEDMAN  said he assumed  the CAPEX and  credits obtained                                                               
with them  are all derived  from the forward  looking information                                                               
submitted to the department.                                                                                                    
                                                                                                                                
COMMISSIONER BUTCHER answered yes.                                                                                              
                                                                                                                                
SENATOR STEDMAN  said he  assumed they  would get  updated charts                                                               
with  2013  and  forward  in  the  same  graphical  presentation,                                                               
because there was a difference  in the verbal presentation versus                                                               
the documents in the Revenue Sources Book.                                                                                      
                                                                                                                                
3:43:53 PM                                                                                                                    
COMMISSIONER BUTCHER  asked if  he was  referring to  the updated                                                               
expenditure information.                                                                                                        
                                                                                                                                
SENATOR STEDMAN said he was  referring to Friday's testimony from                                                               
the  commissioner  about  expecting  CAPEX to  decline,  yet  the                                                               
Revenue Sources  Book says  it's expected  to increase  to almost                                                               
$3,900,000 in  FY15. You  can't say  CAPEX is  going down  on one                                                               
hand and then show documents with it going up.                                                                                  
                                                                                                                                
COMMISSIONER BUTCHER said he was  preparing that request, but the                                                               
point he was trying to make is  that the forecast is for CAPEX to                                                               
go  up,   but  the  department's   forecasts  have   been  overly                                                               
optimistic for the past years.                                                                                                  
                                                                                                                                
3:45:32 PM                                                                                                                    
SENATOR STEDMAN  said if there  has been a  substantial deviation                                                               
from  expectations they  need to  flesh  it out  and the  Finance                                                               
Committee needs to know that in the appropriations cycle.                                                                       
                                                                                                                                
COMMISSIONER BUTCHER agreed.                                                                                                    
                                                                                                                                
3:46:34 PM                                                                                                                    
SENATOR  WIELECHOWSKI agreed  that information  would be  helpful                                                               
ask well as the reasoning behind  why it is off, especially if it                                                               
is  lower. He  addressed  the  current chart  and  asked why  the                                                               
administration proposed  lowering oil taxes  to level of  ACES as                                                               
proposed  because industry  had testified  in opposition  to both                                                               
PPT and ACES as proposed. What  makes him think that the industry                                                               
will  significantly  increase  their  investment  now  when  past                                                               
testimony indicates they thought the tax was too high?                                                                          
                                                                                                                                
3:47:57 PM                                                                                                                    
COMMISSIONER BUTCHER answered this is  only one piece of the bill                                                               
that was  introduced and  secondly, after  rolling out  the bill,                                                               
they  talked to  the companies  again and  most thought  lowering                                                               
taxes  would  make  a  material difference  and  result  in  more                                                               
investment in Alaska.                                                                                                           
                                                                                                                                
3:48:45 PM                                                                                                                    
BRUCE  TANGEMAN, Deputy  Director,  Tax  Division, Department  of                                                               
Revenue, State  of Alaska, added  that trying to  apply testimony                                                               
from  several  years back  to  today's  discussion was  a  little                                                               
dangerous because  the oil  price is the  overriding part  of the                                                               
discussion. Back then they were looking at $80 oil, tops.                                                                       
                                                                                                                                
3:49:53 PM                                                                                                                    
SENATOR STEDMAN  stated the record  would not match what  he just                                                               
said and  he asserted that legislators  had spent quite a  bit of                                                               
time working on ACES in the high priced environment.                                                                            
                                                                                                                                
3:50:40 PM                                                                                                                    
COMMISSIONER  BUTCHER added  that there  is a  difference between                                                               
having hypothetical discussions about  high oil prices and making                                                               
capital decisions in a high oil price environment.                                                                              
                                                                                                                                
MR.  TANGEMAN added  that it's  more  important to  see what  the                                                               
effect of the high oil  pricing has been elsewhere, because "that                                                               
is what is driving the boom in our competition."                                                                                
                                                                                                                                
3:51:46 PM                                                                                                                    
SENATOR  FRENCH asked  in the  department's efforts  to addressed                                                               
competitiveness if he  had seen any increase  in applications for                                                               
royalty relief  that is  on the books  to help  make non-economic                                                               
developments economic. Why hadn't they seen more?                                                                               
                                                                                                                                
3:52:42 PM                                                                                                                    
COMMISSIONER BUTCHER  answered that  royalty relief can  be used,                                                               
but  changing  the  tax  structure   would  make  a  much  bigger                                                               
difference  in  potentially   bringing  investments  in.  Royalty                                                               
relief can  only occur when  someone already  has a lease  or has                                                               
explored and  can lay  everything out to  the department  with an                                                               
explanation of what  needs to happen to  make something economic.                                                               
It has been utilized only a few times in the state's history.                                                                   
                                                                                                                                
3:54:12 PM                                                                                                                    
MR.  TANGEMAN  added  that  he  believed  that  royalty  directly                                                               
affects  the amount  of money  that is  going into  the Permanent                                                               
Fund and if there was a choice  he would rather look at the tax's                                                               
effect on state coffers.                                                                                                        
                                                                                                                                
SENATOR FRENCH  said he  was also  sensitive about  the Permanent                                                               
Fund and asked  if some proof should be offered  that a tax break                                                               
would   result  in   more  production   than  is   already  being                                                               
contemplated.  He  didn't think  the  companies  would tell  them                                                               
which projects are being held back  right now by ACES or projects                                                               
they will  go forward with if  they get a tax  reduction, because                                                               
royalty relief  seems to  be the  place to  test their  desire to                                                               
reduce  the state  take  through  the use  of  real evidence.  No                                                               
increase in  those applications  signaled to him  the lay  of the                                                               
economic land.                                                                                                                  
                                                                                                                                
3:55:57 PM                                                                                                                    
CO-CHAIR   PASKVAN  asked   questions   about   the  details   of                                                               
industry/state split  of PTV  on a  FY13 production  tax estimate                                                               
chart and Mr. Tangeman followed with answers.                                                                                   
                                                                                                                                
SENATOR STEDMAN  commented that  there are  three players  at the                                                               
table: the sovereign  State of Alaska, industry,  and the federal                                                               
government. He  said that whatever money  is left over has  to be                                                               
split between  the federal government  and industry  at something                                                               
substantially less than the 35 percent federal rate.                                                                            
                                                                                                                                
3:58:24 PM                                                                                                                    
MR. TANGEMAN said this was a  chart of production tax only; there                                                               
is also property tax and corporate income tax.                                                                                  
                                                                                                                                
CO-CHAIR PASKVAN  said he understood  that but he  was continuing                                                               
to have trouble understanding the chart.                                                                                        
                                                                                                                                
3:59:02 PM                                                                                                                    
SENATOR  WIELECHOWSKI  clarified  that last  year  ConocoPhillips                                                               
made roughly  $2 billion,  BP made  roughly the  same and  no one                                                               
knows  what Exxon  made, but  probably  the same  as a  one-third                                                               
owner. He said  he had calculated profits of $6  billion for just                                                               
last year and over $30 billion since ACES had passed.                                                                           
                                                                                                                                
3:59:50 PM                                                                                                                    
MR.  TANGEMAN  said   he  wanted  to  invite   Mr.  Stickel,  the                                                               
department's  assistant   chief  economist,  to  help   set  them                                                               
straight.                                                                                                                       
                                                                                                                                
DAN STICKEL, Assistant Chief  Economist, Tax Division, Department                                                               
of Revenue,  State of Alaska,  said when  you are looking  at the                                                               
share of the  total production tax value  remaining to producers,                                                               
it's  not as  simple as  taking  production tax  value (PTV)  and                                                               
subtracting out  the production tax liability.  Income statements                                                               
in Appendix  D of  the Revenue  Sources Book  show the  PTV after                                                               
royalty.  To derive  the producer  take out  of that  number, you                                                               
have to  subtract the production  tax as well as  state corporate                                                               
income  taxes  and state  property  taxes  (for the  total  state                                                               
share) and federal corporate income  taxes. It's complex for both                                                               
the industry and the state.                                                                                                     
                                                                                                                                
MR.  STICKEL  explained  that  this   chart  only  addressed  the                                                               
significant changes from ELF to PPT to ACES.                                                                                    
                                                                                                                                
CO-CHAIR  PASKVAN remarked  that part  of the  complexity in  the                                                               
FY13 chart  on the state's  $4.7 billion is that  figure includes                                                               
at least $400 million that the state is paying out in credits.                                                                  
                                                                                                                                
MR. STICKEL answered that was correct.                                                                                          
                                                                                                                                
4:02:29 PM                                                                                                                    
CO-CHAIR PASKVAN,  addressing slide  10, said  one of  the points                                                               
they were  trying to get  to last Friday  is that an  analysis of                                                               
CAPEX on  drilling and G&G  was performed  based upon $27  and if                                                               
you apply FY13 hypotheticals with  the most realistically current                                                               
information that it comes out to less than $21.                                                                                 
                                                                                                                                
COMMISSIONER  BUTCHER  said  he  would  have  to  look  at  those                                                               
numbers.                                                                                                                        
                                                                                                                                
CO-CHAIR PASKVAN said he welcomed the analysis.                                                                                 
                                                                                                                                
SENATOR  STEDMAN  said it  would  be  beneficial to  convert  the                                                               
numbers to  dollars through-put for  the entire year  rather than                                                               
using per barrel numbers.                                                                                                       
                                                                                                                                
4:04:51 PM                                                                                                                    
MR. TANGEMAN  said absolutely and  that they were trying  to make                                                               
the complex simple enough to understand.                                                                                        
                                                                                                                                
4:05:29 PM                                                                                                                    
MR. TANGEMAN  said slide  14 was  the "Marginal  Government Take"                                                               
under the current  tax system (an additional dollar  as the price                                                               
of a  barrel of oil  goes up). At  ANS prices over  $78, marginal                                                               
government  take  was  over  75 percent.  That  also  means  that                                                               
government take is at least  75 percent of each additional profit                                                               
a company can produce.                                                                                                          
                                                                                                                                
4:06:17 PM                                                                                                                    
SENATOR FRENCH  asked questions about interpreting  the slide and                                                               
Mr. Tangeman and Mr. Stickel followed up with explanations.                                                                     
                                                                                                                                
4:08:50 PM                                                                                                                    
CO-CHAIR PASKVAN said he read the chart to be a PTV chart.                                                                      
                                                                                                                                
COMMISSIONER BUTCHER  agreed and  said there is  always a  lot of                                                               
confusion  on  determining the  difference  between  PTV and  the                                                               
price of oil.                                                                                                                   
                                                                                                                                
4:10:24 PM                                                                                                                    
SENATOR STEDMAN  said they  had talked a  lot about  the marginal                                                               
government  take issue,  but little  on the  effective tax  rate.                                                               
When do you use marginal and when do you use effective?                                                                         
                                                                                                                                
COMMISSIONER  BUTCHER  answered that  effective  tax  is what  is                                                               
paid. Marginal is  not as important, but it is  talked about when                                                               
companies  speak specifically  about  progressivity  at the  high                                                               
cost of oil.                                                                                                                    
                                                                                                                                
4:11:50 PM                                                                                                                    
SENATOR  STEDMAN  said the  average  guy  on the  street  doesn't                                                               
understand marginal  rate, particularly  when it is  delivered as                                                               
the tax imposed  by the state on the industry  and that he wanted                                                               
to see information on the  effective rate. It needs more clarity,                                                               
because it  looks like a 90  percent effective tax rate  and it's                                                               
not.                                                                                                                            
                                                                                                                                
4:12:35 PM                                                                                                                    
COMMISSIONER BUTCHER agreed.                                                                                                    
                                                                                                                                
CO-CHAIR PASKVAN agreed  that they needed the  effective tax rate                                                               
presentation and to use FY13 numbers.                                                                                           
                                                                                                                                
COMMISSIONER  BUTCHER agreed  that  was a  reasonable point,  but                                                               
going  to FY13  becomes more  of a  projection than  using actual                                                               
numbers from previous years.                                                                                                    
                                                                                                                                
4:14:00 PM                                                                                                                    
SENATOR  WIELECHOWSKI  said he  recalled  at  $100 a  barrel  the                                                               
effective tax  rate was around 28  percent. He asked if  having a                                                               
higher marginal tax rate is a  good policy call in the context of                                                               
Norway  that spikes  the tax  rate to  78 percent  for the  first                                                               
dollar of profit. Alaska chose to  have a lower tax rate at lower                                                               
dollars  and stair-stepped  it up  as  profits went  up (the  oil                                                               
companies made more and the state made more).                                                                                   
                                                                                                                                
He  explained that  the oil  companies were  in harvest  mode and                                                               
making  huge amounts  of money  and investing  it elsewhere.  The                                                               
concept  behind the  high marginal  tax rate  was to  say if  you                                                               
reinvest in  the State  of Alaska  we're going  to give  you what                                                               
amounts to a  very large tax break. The effective  tax rate still                                                               
remains  at 28  percent  at  $100 a  barrel,  but the  philosophy                                                               
behind  the  marginal  tax  rate   is  that  it  would  encourage                                                               
reinvestment in  the state. And  record reinvestment  levels have                                                               
been seen every  single year since ACES had passed.  Is there any                                                               
merit to having a higher marginal tax rate?                                                                                     
                                                                                                                                
4:15:29 PM                                                                                                                    
COMMISSIONER BUTCHER  answered that  it makes  sense to  have the                                                               
state share in a higher percentage  of profits at high oil prices                                                               
(progressivity), but the governor thinks  the current take is too                                                               
high.                                                                                                                           
                                                                                                                                
4:16:06 PM                                                                                                                    
MR. STICKEL said  slide 15 showed producer's share  of profit oil                                                               
and the  upper end of  it being taken away  as the price  goes up                                                               
and that is what the problem is.                                                                                                
                                                                                                                                
4:17:05 PM                                                                                                                    
SENATOR STEDMAN  recapped that  before PPT,  progressivity didn't                                                               
exist and the argument was the  state should be happy because its                                                               
dollars  were going  up  when  the price  advanced.  Some in  the                                                               
legislature weren't happy because the  state's percent of the pie                                                               
was going down. Now the  department was showing the reverse where                                                               
the  state's  percent  was  going  up.  So  he  could  understand                                                               
industry's concern, but industry  wasn't concerned when the state                                                               
was.  He   recalled  that   Governor  Murkowski   didn't  support                                                               
progressivity but he still signed the bill.                                                                                     
                                                                                                                                
He then  asked for the  charts to  synchronize ANS West  Coast in                                                               
dollars  because  the  next  side  goes  to  PTV,  which  deletes                                                               
royalties and  expenditures distorting  the picture. It  would be                                                               
nice if the X axes lined up.                                                                                                    
                                                                                                                                
4:19:01 PM                                                                                                                    
COMMISSIONER BUTCHER agreed.                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI said the state  would do better under ELF if                                                               
oil was under $50 a barrel.  ACES originally had a minimum floor,                                                               
but the oil  companies didn't like that. The bargain  was to take                                                               
out the  state's protection  at the  low end,  but in  return the                                                               
stated wanted to get  more at the high end. They  have no idea if                                                               
oil   will  stay   this  high   ($118-120   barrel).  Since   the                                                               
commissioner said progressivity would  become punitive to the oil                                                               
industry at some point, what point was that?                                                                                    
                                                                                                                                
4:20:20 PM                                                                                                                    
COMMISSIONER  BUTCHER  answered  there   was  no  specific  spot;                                                               
companies  are different  and have  different  views. This  slide                                                               
just illustrated  the size of  the state's  take as the  price of                                                               
oil increases.                                                                                                                  
                                                                                                                                
CO-CHAIR  PASKVAN  said  it's also  important  to  remember  that                                                               
whatever the numbers may be,  Alaska has to approach this problem                                                               
wearing  two different  hats,  as  the resource  owner  and as  a                                                               
taxing jurisdiction.                                                                                                            
                                                                                                                                
4:22:17 PM                                                                                                                    
COMMISSIONER BUTCHER said  he was correct, but when  a company is                                                               
looking at  an economic model  for $115  a barrel and  72 percent                                                               
going  to   the  federal  and   state  governments,   that  would                                                               
definitely be factored in.                                                                                                      
                                                                                                                                
4:23:09 PM                                                                                                                    
MR.  STICKEL  said slide  16  looks  at  the profits  in  dollars                                                               
instead of percentages like on the  previous slide and it's a way                                                               
to  see the  small growth  the producer  would realize  at higher                                                               
prices.                                                                                                                         
                                                                                                                                
CO-CHAIR PASKVAN asked if it includes credit deductions.                                                                        
                                                                                                                                
MR. TANGEMAN replied  that it assumed that 20  percent of capital                                                               
expenditures are available for credit.                                                                                          
                                                                                                                                
CO-CHAIR PASKVAN  said another way to  phrase that is there  is a                                                               
40  percent exploration  credit and  asked if  the 20  percent is                                                               
only for  operators with production  or can the credit  be turned                                                               
into the state for cash.                                                                                                        
                                                                                                                                
MR.  TANGEMAN replied  this only  looks at  the 20  percent CAPEX                                                               
credit; it  doesn't make a distinction  between refunding credits                                                               
versus filing against a tax liability.                                                                                          
                                                                                                                                
4:25:09 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  he has  heard the  administration and                                                               
others say  when ACES  was written,  the price of  oil was  $80 a                                                               
barrel and no one expected  these high prices, which implies that                                                               
others believed ACES  works at certain levels, but  not at higher                                                               
levels. At what  point is ACES broke? At what  point is the share                                                               
no longer fair?                                                                                                                 
                                                                                                                                
COMMISSIONER BUTCHER answered  that he did not know  there was an                                                               
actual dollar amount, but it's more lopsided at high prices.                                                                    
                                                                                                                                
4:26:19 PM                                                                                                                    
SENATOR WIELECHOWSKI said  people are asking them to  fix the tax                                                               
system and that is a critical question to answer.                                                                               
                                                                                                                                
MR.  TANGEMAN agreed  and said  they need  to hear  from industry                                                               
about it.                                                                                                                       
                                                                                                                                
4:27:08 PM                                                                                                                    
CO-CHAIR PASKVAN  added that  he could infer  a number  of things                                                               
from   that  statement,   the  least   of  which   is  that   the                                                               
administration has nothing to say on where the system is broke.                                                                 
                                                                                                                                
MR. TANGEMAN said he did not agree.                                                                                             
                                                                                                                                
SENATOR  WIELECHOWSKI said  HB 110,  proposing to  roll back  oil                                                               
taxes, isn't the oil companies'  bill; it's the administration's.                                                               
He  assumed when  they wrote  it that  they had  some inclination                                                               
that the  tax system was broken  at some point, and  now they are                                                               
saying they don't know where it's broken.                                                                                       
                                                                                                                                
COMMISSIONER BUTCHER  answered that  he didn't  know of  an exact                                                               
dollar amount.                                                                                                                  
                                                                                                                                
4:28:20 PM                                                                                                                    
MR.  TANGEMAN responded,  since he  referred to  HB 110,  the two                                                               
critical  parts of  that bill  were putting  a cap  in place  and                                                               
putting the brackets in place,  the brackets making it easier and                                                               
more understandable to calculate tax  and based it on the federal                                                               
system, and it is still a  higher tax than anywhere else in North                                                               
America.                                                                                                                        
                                                                                                                                
4:29:11 PM                                                                                                                    
SENATOR STEDMAN said  the chart showing production  tax values is                                                               
confusing for the public. They need  to be consistent and use the                                                               
recent price range  of around $150 and fix it  there before going                                                               
north of  it. He pointed out  the implied 35 percent  federal tax                                                               
rate and  remarked, "I'd like  to know the accountants  that work                                                               
for BP, Conoco  or Exxon where they pay 35  percent and I'll show                                                               
you the next accountant that is going to get terminated."                                                                       
                                                                                                                                
4:31:36 PM                                                                                                                    
MR.  TANGEMAN agreed  and added  that they  are getting  into the                                                               
complexities of the  current tax system. As the  prices goes from                                                               
$35 to $235, the only segment  realizing the upside is the state;                                                               
"the producers  are more or  less flat in comparison."  The chart                                                               
illustrates how the split looks between the three entities.                                                                     
                                                                                                                                
4:32:23 PM                                                                                                                    
SENATOR STEDMAN  said first they  should agree that  the industry                                                               
does  not pay  a 35  percent rate.  ConocoPhillips publishes  its                                                               
information and  they should get  a ballpark figure from  that of                                                               
where  their  competitors  are.  His other  point  was  that  the                                                               
production  tax  value is  more  complex  than the  marginal  and                                                               
effective tax  rates and it's  confusing to the public.  It needs                                                               
to  be  "boiled down"  so  that  Alaskans  who  own the  oil  can                                                               
understand it.                                                                                                                  
                                                                                                                                
4:34:00 PM                                                                                                                    
COMMISSIONER BUTCHER  said he agreed  and they were  very willing                                                               
to do  that. Here  they were  trying to  provide a  snapshot that                                                               
they would be  lucky to get through in two  hearings hitting on a                                                               
bunch of  topics. They would be  here for weeks if  they dug into                                                               
the details.                                                                                                                    
                                                                                                                                
SENATOR STEDMAN said  he knew about the timeframe,  but they were                                                               
dealing with  billions of  dollars and the  future of  the state,                                                               
and he personally wanted the details.                                                                                           
                                                                                                                                
CO-CHAIR PASKVAN said  he agreed with Senator  Stedman. The whole                                                               
purpose  of  the hearing  starting  last  Friday was  asking  the                                                               
Department  of  Revenue  to  define the  problem.  One  of  their                                                               
concerns is  starting to advance  solutions when they  don't know                                                               
what the problem is.                                                                                                            
                                                                                                                                
4:35:46 PM                                                                                                                    
COMMISSIONER  BUTCHER said  he appreciated  that,  but they  were                                                               
trying in  a fairly small number  of slides in a  small amount of                                                               
time to do  that. They would be "excited" to  go into detail, but                                                               
it's just not part of this presentation.                                                                                        
                                                                                                                                
4:36:20 PM                                                                                                                    
COMMISSIONER BUTCHER  said they used  Pedro van Meurs  Petro Cash                                                               
model in comparing Alaska government  take and life cycles to its                                                               
international peers in  fields over 50 million barrels.  It was a                                                               
country-by-country snap shot rather than state by state.                                                                        
                                                                                                                                
4:37:13 PM                                                                                                                    
SENATOR FRENCH asked if he thought  Norway had a healthy level of                                                               
industry investment.                                                                                                            
                                                                                                                                
COMMISSIONER BUTCHER replied he was  not an expert on Norway, but                                                               
there seems to be.                                                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI said  Norway has  a 78  percent tax  on the                                                               
first dollar  of profit. He  asked if he  thought we had  to just                                                               
look  at the  government  take  or are  there  other levers  they                                                               
should be pulling.                                                                                                              
                                                                                                                                
COMMISSIONER  BUTCHER answered  obviously there  are differences;                                                               
Norway is  country and  Alaska is  a state;  Norway has  a state-                                                               
owned oil  company; Norway  controls their  permits; there  are a                                                               
lot of differences. Permitting is a huge issue as well.                                                                         
                                                                                                                                
4:38:56 PM                                                                                                                    
SENATOR STEDMAN  said they  spent quite  a bit  of time  last go-                                                               
round looking  at Norway as a  comparative and one of  the things                                                               
that was  pointed out  is that  their marginal  tax rate  is flat                                                               
while ours is  robust. He asked the department to  come back with                                                               
an effective and marginal tax rate comparison between the two.                                                                  
                                                                                                                                
COMMISSIONER BUTCHER  said they  would be happy  to do  that, but                                                               
would have  to discuss the  apples and oranges  differences those                                                               
comparisons would expose.                                                                                                       
                                                                                                                                
SENATOR STEDMAN said he was trying  to help his argument and said                                                               
Norway has a  flat marginal rate and that is  probably one of the                                                               
biggest issues on the table.                                                                                                    
                                                                                                                                
COMMISSIONER BUTCHER agreed to prepare the comparison.                                                                          
                                                                                                                                
4:40:39 PM                                                                                                                    
COMMISSIONER  BUTCHER said  he used  the Petro  Cash model  again                                                               
focusing on the  largest jurisdictions of oil  producers in North                                                               
America: North Dakota, California,  Texas, Alberta, Oklahoma, OCS                                                               
in  federal  waters,  in  Alaska   waters  and  ACES  in  Alaska.                                                               
Government take was a percent of divisible income.                                                                              
                                                                                                                                
SENATOR STEDMAN asked  him to rerun the slide  with a comparative                                                               
of  the  exporting  basins  that was  presented  to  the  Finance                                                               
Committee a couple of hours ago by Dr. van Meurs.                                                                               
                                                                                                                                
4:41:42 PM                                                                                                                    
COMMISSIONER BUTCHER said he would be  happy to do that; he noted                                                               
that Alaska's peers shifted from what  they were in 1997 to North                                                               
America in 2012.                                                                                                                
                                                                                                                                
CO-CHAIR PASKVAN said  slide 18 talks about  divisible income and                                                               
that  seems to  be  PTV, but  North Dakota,  for  example, has  a                                                               
royalty and a  gross production tax system. How do  you say it is                                                               
divisible income if they are a  gross system and we are partially                                                               
a net system?                                                                                                                   
                                                                                                                                
MR.  TANGEMAN responded  that this  was  modeled off  of Dr.  van                                                               
Meurs' Petro  Cash model and they  could get him some  details on                                                               
how the model handled them.                                                                                                     
                                                                                                                                
CO-CHAIR  PASKVAN said  in comparing  Alaska to  Texas and  North                                                               
Dakota  it  should compare  a  percent  of gross,  because  their                                                               
systems are gross.                                                                                                              
                                                                                                                                
COMMISSIONER BUTCHER agreed.                                                                                                    
                                                                                                                                
4:43:28 PM                                                                                                                    
SENATOR STEDMAN said  he meant total government  take rather than                                                               
divisible income.                                                                                                               
                                                                                                                                
COMMISSIONER BUTCHER  said this slide showed  that the government                                                               
take  is  a  percentage  of  divisible income  and  had  a  total                                                               
government take over the life of the project.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI asked  Mr. Brena and Mr.  Richards last week                                                               
if  they  had  some  suggestions other  than  tax  changes,  like                                                               
vertical integration issues, lack  of transparency and facilities                                                               
access issues,  tariff, and pipeline bottleneck  issues. Do those                                                               
have any merit?                                                                                                                 
                                                                                                                                
COMMISSIONER BUTCHER asked if he wanted to be more specific.                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI said  he  would  get a  list  and would  be                                                               
interested in the department's opinion.                                                                                         
                                                                                                                                
COMMISSIONER BUTCHER agreed to help him with that.                                                                              
                                                                                                                                
4:45:32 PM                                                                                                                    
COMMISSIONER   BUTCHER   started    his   five   year   look-back                                                               
presentation and he  brought Dona Keppers forward,  saying she is                                                               
one the three  audit masters who oversaw  the five-year look-back                                                               
project.  It came  about primarily  as  a result  of last  year's                                                               
discussions  about  tax  credits and  capital  expenditures.  The                                                               
Department of  Law determined that under  current regulations DOR                                                               
could ask industry  for more of a breakdown in  spending and that                                                               
began the month after the  legislative session ended. Some of the                                                               
issues surfacing in their workshops  with companies were that all                                                               
had  different ways  of putting  their numbers  together, so  two                                                               
pieces were developed.  First they asked companies to  do a five-                                                               
year  look-back and  break out  their  capital expenditures  into                                                               
five  general categories.  The  second piece  was  doing a  look-                                                               
forward  with  a  lot  more detailed  categories  with  not  just                                                               
capital expenditures but operating expenditures as well.                                                                        
                                                                                                                                
4:48:43 PM                                                                                                                    
CO-CHAIR  PASKVAN asked  him to  jump forward  to page  5 because                                                               
some of it is self-explanatory.                                                                                                 
                                                                                                                                
COMMISSIONER BUTCHER said  he was happy to do that.  He said they                                                               
spent a  lot of time  in-house discussing what  categories should                                                               
be  used  and conducted  four  workshops  (one of  which  Senator                                                               
Paskvan sat  in on)  with industry  averaging about  15 companies                                                               
per workshop. Industry  was responsive and worked  with them very                                                               
well in trying  to compile this information  and helped establish                                                               
the  expenditure  categories  for  both  the  look-back  and  the                                                               
forward reporting.                                                                                                              
                                                                                                                                
4:49:50 PM                                                                                                                    
COMMISSIONER BUTCHER  said the five-year  look back was  for 2006                                                               
to 2010.  It doesn't  go to  2011 because the  true ups  for 2010                                                               
come  in  then.  The  first  of the  five  basic  categories  was                                                               
geological and  geophysical work  (G&G) and includes  work and/or                                                               
costs associated  with the performance or  acquisition of seismic                                                               
and/or geological and geophysical  data. Exploration drilling was                                                               
a  different  category  that included  drilling  and  exploration                                                               
wells,  an appraisal  well that  is post-discovery  and prior  to                                                               
development and included  side tracks on the  discovery well, and                                                               
appraisal  costs including  coring and  testing discovery  wells.                                                               
The  development drilling  included  costs  associated with  well                                                               
drilling,  completions,  planned  multi-laterals  of  development                                                               
wells  including costs  upstream and  all costs  related to  well                                                               
work  overs  and  completions. Facilities  included  well  tie-in                                                               
costs, expansions of existing facilities  such as increasing oil,                                                               
gas or  water handling increases to  capacity, debottlenecking or                                                               
processing  facilities' improvements  to  reliability or  reduced                                                               
operational  costs,  production   control  system  upgrades,  IT,                                                               
communications  equipment, control  systems, camp  sites, medical                                                               
facilities,  laboratories,  warehouses  and any  facilities  that                                                               
would fall generally  into that category. The  fifth category was                                                               
a  catch-all   for  other  capital  expenditures   which  include                                                               
significant  capital equipment,  health, safety,  environment and                                                               
other  non-drilling related  costs that  weren't captured  in the                                                               
previous four categories.                                                                                                       
                                                                                                                                
4:52:26 PM                                                                                                                    
SENATOR STEDMAN  asked him  to point out  what was  available for                                                               
the 20  percent capital credits  with the immediate write  off as                                                               
he goes forward.                                                                                                                
                                                                                                                                
COMMISSIONER BUTCHER  replied that  he didn't  have that  kind of                                                               
detail yet,  but he would see  what could be done.  He added that                                                               
the    categorized    capital   expenditure    data    represents                                                               
approximately  90   percent  of  the  costs   related  to  credit                                                               
applications that  the department  has seen.  He then  passed the                                                               
presentation over to Ms. Keppers.                                                                                               
                                                                                                                                
4:53:17 PM                                                                                                                    
DONA   KEPPERS,  Audit   Master,   Tax-Production  Audit   Group,                                                               
Department  of Revenue,  State of  Alaska,  said the  categorized                                                               
capital  expenditure  data represents  90  percent  of the  costs                                                               
related  to qualified  capital  expenditures.  That is  important                                                               
because  it means  a company  can have  costs greater  than those                                                               
reported for  credit purposes, because  they may have  costs that                                                               
they have chosen not to apply for a credit on.                                                                                  
                                                                                                                                
She said  slide 9 showed  that 2006  includes nine months  of PPT                                                               
and  indicated  that  the exemptions  for  the  five-year  period                                                               
totaled $9.3  billion. The two largest  categories are facilities                                                               
and development.  She said  the overall  trend was  for increased                                                               
spending  probably in  maintaining  production (as  there are  no                                                               
major increases or decreases in any one category).                                                                              
                                                                                                                                
MS.  KEPPERS   said  development  drilling  and   facilities  had                                                               
increases in 2007 and 2008 and  a decline in 2009 (the first year                                                               
that  ACES would  have possibly  had some  effect on  budgets and                                                               
activities). The  increase in spending in  both development wells                                                               
and facilities in  2010 was greater than in years  prior to 2009.                                                               
The   figures  provided   no  significant   indication  of   ACES                                                               
influences but maybe were a  reflection of the credit program and                                                               
more targeted spending for credits qualifying for spend.                                                                        
                                                                                                                                
4:55:29 PM                                                                                                                    
MS.  KEPPERS  said  a broader  perspective  for  total  companies                                                               
development  drilling ($4.2  billion)  could be  viewed as  being                                                               
relatively flat  or generally  demonstrated no  dramatic increase                                                               
during  the   four-year  period.  The  other   $4.2  billion  for                                                               
facilities  spend  mirrored  that  of development  and  could  be                                                               
interpreted  as   simply  supporting  existing   production  from                                                               
existing  fields. The  slight fluctuation  in total  expenditures                                                               
for  these categories  could also  be attributed  to annual  cost                                                               
increases for  labor or services, materials,  and not necessarily                                                               
reflective of an increase in overall development activity.                                                                      
                                                                                                                                
4:56:21 PM                                                                                                                    
CO-CHAIR  PASKVAN  asked  if  figures  from  2009  were  possibly                                                               
consistent with the world and U.S. economic downturn.                                                                           
                                                                                                                                
MS. KEPPERS  answered that all  of that  had an impact  on costs.                                                               
She  said  that  slide  10, G&G  and  drilling  costs,  indicated                                                               
increases from  2007 to 2008  and a decline  in 2008 to  2009 and                                                               
then  increasing  from 2009  to  2010.  She said  the  multi-year                                                               
increases were  not reflected in  development drilling  and after                                                               
the  increase  in  2007,  spending stays  fairly  level  for  the                                                               
remainder of  the reporting period.  This agrees  with statements                                                               
made  by some  companies that  they  had level  spend to  develop                                                               
existing fields and are not  pursuing new finds or development of                                                               
new fields.                                                                                                                     
                                                                                                                                
4:57:48 PM                                                                                                                    
MS. KEPPERS  said slide 11  showed facilities for  all companies,                                                               
and some of  the costs were for new development;  others were for                                                               
replacement of aging facilities.                                                                                                
                                                                                                                                
4:58:33 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked for some  examples of CAPEX  and OPEX                                                               
for facilities.                                                                                                                 
                                                                                                                                
JOHN   LARSEN,   Audit   Master,  Tax-Production   Audit   Group,                                                               
Department of Revenue,  responded that CAPEX would  have a longer                                                               
type  life that  would be  related to  buildings and  vessels for                                                               
handling  the production;  the OPEX  is  by and  large labor  and                                                               
materials.                                                                                                                      
                                                                                                                                
CO-CHAIR PASKVAN recognized Senator Egan in the audience.                                                                       
                                                                                                                                
4:59:53 PM                                                                                                                    
MS. KEPPERS said on slide  12 that costs between independents and                                                               
majors were  difficult to  split out because  for 2008,  2009 and                                                               
2010  the  aggregation factor  of  three  or more  companies  for                                                               
confidentiality  couldn't  be  met.  So   the  costs  got  lumped                                                               
together  by year  for the  look back.   The  independents had  a                                                               
total CAPEX  of $2.6 billion.  Capital expenditures  increased in                                                               
2008   through  2010   by  approximately   67  percent   for  the                                                               
independents,  which may  be  due to  increased  activity in  the                                                               
smaller producing fields.                                                                                                       
                                                                                                                                
5:00:50 PM                                                                                                                    
SENATOR  STEDMAN  asked  for  a   rough  idea  of  a  figure  for                                                               
reimbursements the state  would be making on the  $805 million in                                                               
credits.                                                                                                                        
                                                                                                                                
MS. KEPPERS replied they would have  to work with Mr. Dees to get                                                               
those details.                                                                                                                  
                                                                                                                                
COMMISSIONER BUTCHER said they would do that.                                                                                   
                                                                                                                                
CO-CHAIR PASKVAN said it would be  interesting to have it for the                                                               
majors as well.                                                                                                                 
                                                                                                                                
MS. KEPPERS said they could do that.                                                                                            
                                                                                                                                
5:02:11 PM                                                                                                                    
MS. KEPPERS  said slide 13 was  similar with total CAPEX  for the                                                               
major companies that  amounted to $6.7 billion.  The increase for                                                               
them for the  same time period of 2008 to  2010 was approximately                                                               
5  percent. The  data  indicated no  major  increases overall  in                                                               
spending totals, especially in the most recent three years.                                                                     
                                                                                                                                
SENATOR STEDMAN asked when the  request goes out for expectations                                                               
in FY13-16  if could they  break data down into  the independents                                                               
and  the majors  and just  add them  to the  same charts  so they                                                               
don't have to flip back and forth.                                                                                              
                                                                                                                                
MS. KEPPERS and commissioner agreed to do that.                                                                                 
                                                                                                                                
5:03:24 PM                                                                                                                    
COMMISSIONER  BUTCHER went  to the  conclusions on  slide 14  and                                                               
said  they would  be having  further workshops  and getting  more                                                               
details and  everyone was invited.  They are open to  the public.                                                               
He said  capital expenditures  from 2007  to 2010  increased from                                                               
just under $2 billion to  about $2.4 billion; explorers seemed to                                                               
spend most  of their money  on drilling wells and  G&G. Companies                                                               
in the development stage spent  money on development drilling and                                                               
facilities;  companies  in  transition spent  money  in  multiple                                                               
areas depending on what stage they  were in; and companies in the                                                               
mature production  phase spent money  on maintenance  and upgrade                                                               
of facilities and  development wells. More players  are active in                                                               
the field, as well.                                                                                                             
                                                                                                                                
5:04:56 PM                                                                                                                    
COMMISSIONER  BUTCHER  said they  were  working  on the  proposed                                                               
annual  cost supplemental  information report  and will  have one                                                               
more year of look-back and  starting with calendar year 2012 they                                                               
will be able  to use more detailed categories. He  said they have                                                               
discussed  these  issues  with  industry and  had  given  them  a                                                               
general breakdown  of different categories and  definitions and a                                                               
picture of where  they are going with it. He  hoped for a "fairly                                                               
seamless move"  so they can  give the legislature more  detail on                                                               
expenditures with each additional year.                                                                                         
                                                                                                                                
5:05:48 PM                                                                                                                    
CO-CHAIR  PASKVAN  thanked the  presenters  and  held SB  192  in                                                               
committee.                                                                                                                      

Document Name Date/Time Subjects
SR 2 HB 60 Sponsor Statment.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 1 HB 60 Hearing Request.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 3 HB0060A.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 4 HB0060-2-2-021611-DNR-N.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 5 HB060-DFG-CFD-02-10-11.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 6 HB 60 Article 02 Aquatic Farming.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 7 HB 60 Interesting Geoduck Facts.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 8 HB 60 Home page for three minute trailer for "3 feet under - Digging Deep for the Geoduck".pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 9 HB 60 Letter from Hatchery.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 10 HB 60 Letter from City of Seward.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 11 HB 60 photo - scale.PDF SRES 2/13/2012 3:30:00 PM
HB 60
SB192_DOR - 5 Year Look Back_2-13-12.pdf SRES 2/13/2012 3:30:00 PM
SB 192
SR 12 HB060-DNR-MLW-12-13-2011.pdf SRES 2/13/2012 3:30:00 PM
HB 60
SR 13 HB60-DFG-CFD-12-15-11.pdf SRES 2/13/2012 3:30:00 PM
HB 60
DOR - 5 years of forward-looking capital expenditure estimate.pdf SRES 2/13/2012 3:30:00 PM
SB 192