Legislature(2011 - 2012)BUTROVICH 205

02/29/2012 03:30 PM Senate RESOURCES


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03:33:38 PM Start
03:34:11 PM SB192
03:35:20 PM Oil Production Tax Modeling by Pfc Energy
05:00:34 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
Oil and Gas Production Tax Modeling Presentation
by PFC Energy
            SB 192-OIL AND GAS PRODUCTION TAX RATES                                                                         
                                                                                                                                
3:34:11 PM                                                                                                                    
CO-CHAIR  PASKVAN welcomed  PFC Energy  saying, according  to its                                                               
website, it is  a global consulting firm specializing  in the oil                                                               
and  gas  industry. [CSSB  192(RES)  27-LS1305\B  was before  the                                                               
committee].                                                                                                                     
           ^Oil Production Tax Modeling by PFC Energy                                                                       
                                                                                                                                
3:35:20 PM                                                                                                                    
CO-CHAIR  PASKVAN recapped  that PFC  had presented  testimony to                                                               
the  committee  on   February  16  and  17   focusing  mainly  on                                                               
progressivity. Subsequently,  the committee  requested additional                                                               
information and modeling.                                                                                                       
                                                                                                                                
GERALD  KEPES, Partner,  Head of  Upstream and  Gas, PFC  Energy,                                                               
Washington, D.C. introduced himself.                                                                                            
                                                                                                                                
3:36:53 PM                                                                                                                    
JANAK MAYER,  Manager, Upstream and Gas,  PFC Energy, Washington,                                                               
D.C., introduced himself. He said  he would continue his analysis                                                               
of proposed amendments to CSSB  192 and how progressivity changes                                                               
government take over  the course of a price deck.  In response to                                                               
questions about  the cost  assumptions PFC  used for  the generic                                                               
low cost  field development  - $10 for  OPEX, $5  for development                                                               
CAPEX and $5 for maintenance and  $7 in transportation costs - he                                                               
said they  used their  own research,  particularly on  what costs                                                               
had been  at Prudhoe Bay in  the most recent financial  year they                                                               
had  data for  (but  somewhat  higher if  one  includes both  the                                                               
initial capital development and the ongoing capital spend).                                                                     
                                                                                                                                
3:39:04 PM                                                                                                                    
He said it's  important to understand that in some  ways the idea                                                               
behind this generic  low cost field was a  hybrid reference case.                                                               
On the one hand, an  actual Prudhoe Bay obviously depreciated its                                                               
capital a  long time ago,  but has a relatively  high maintenance                                                               
cost of  $5 per barrel to  replace old facilities to  do new well                                                               
work. The  idea was  that it  would enable  them to  present life                                                               
cycle  economics including  some initial  relatively low  upfront                                                               
development  costs,  but also  show  the  impact through  capital                                                               
credits  of  the  ongoing  maintenance  capital  that  is  a  key                                                               
characteristic of an aging field.                                                                                               
                                                                                                                                
In addition, Mr. Mayer said he  would present a look at what this                                                               
fiscal  regime looks  like in  a high  cost field  development of                                                               
about  three  times the  lower  case  -about  $15 per  barrel  of                                                               
reserves in the initial capital  spending and very high operating                                                               
costs of  $17 per flowing  barrel. Recent high  cost developments                                                               
that  have actually  occurred  have had  figures  quite close  to                                                               
this.  Further,  he  explained  that  precisely  because  ongoing                                                               
capital  is treated  somewhat  preferentially  under the  current                                                               
system  because of  the capital  credits, they  included a  small                                                               
amount of ongoing maintenance CAPEX, but  the idea was to look at                                                               
a  high  cost  new  development   that  doesn't  have  a  lot  of                                                               
maintenance yet.                                                                                                                
                                                                                                                                
MR. MAYER  explained that the reason  they wanted to look  at the                                                               
higher  cost  case is  because  it  is what  marginal  additional                                                               
production  on  the North  Slope  increasingly  looks like.  It's                                                               
important to  understand what  the ACES regime  looks like  for a                                                               
Prudhoe Bay type  development over a life cycle,  because that is                                                               
what the majority  of production is. But it's  just as important,                                                               
and possibly  more so,  to understand  what it  looks like  for a                                                               
high  cost development,  because the  economics of  replacing the                                                               
decline  with new  barrels  are even  harder.  It's important  to                                                               
start showing that picture.                                                                                                     
                                                                                                                                
3:42:02 PM                                                                                                                    
He  said  he  was  using  the   same  slides  as  last  time  for                                                               
transparency  purposes, and  noted a  1 percent  to 2  percentage                                                               
change upward  in government take  as a  result of a  revision to                                                               
the  model  improving  the  accuracy,   but  he  said  it  had  a                                                               
relatively  minor impact  overall on  the figures.  It showed  75                                                               
percent government take  at the $100 level and 84  percent at the                                                               
$230 level.  Mr. Mayer said  if they  compare that with  the next                                                               
slide of  a high cost  development, one  sees that while  ACES is                                                               
highly progressive on  price (economic rent and  cost being other                                                               
categories),  it  is actually  not  progressive  at all  at  high                                                               
costs. In some  ways it is slightly the opposite,  and that seems                                                               
counterintuitive,  because  one  thinks this  is  a  profit-based                                                               
system  and  surely  a profit-based  system  must  inherently  be                                                               
neutral with  regards to  cost. But looking  at the  details, one                                                               
sees that production  tax by itself is  slightly progressive with                                                               
regard  to   cost.  Capital  credits  make   the  production  tax                                                               
component  slightly progressive  with regard  to costs,  but it's                                                               
not   sufficiently   progressive   to   overcome   the   inherent                                                               
"regressivity"   of  the   other   components   of  the   system,                                                               
particularly  the  fixed royalty.  He  said  it is  important  to                                                               
understand that  means that  government take  numbers for  a high                                                               
cost developments  are not lower than  they are for the  low cost                                                               
developments,  but  in  fact  they   are  slightly  higher.  It's                                                               
important when  one starts to look  at how high costs  impact the                                                               
economics of a project and what  it can do to breakeven prices in                                                               
the  $70s and  $80s  versus in  the  $90s and  above.  He used  a                                                               
generic  example  project  to  explain  to  illustrate  how  high                                                               
marginal take can move  the cost of a project up  so much that it                                                               
becomes uneconomic.                                                                                                             
                                                                                                                                
3:45:12 PM                                                                                                                    
MR. MAYER  said PFC was  also asked to  do an analysis  using DOR                                                               
FY13  estimated  costs.  In  doing that,  the  mode  of  analysis                                                               
changed from looking across time  to looking at just one specific                                                               
year.  A  number  of  things  don't get  captured  with  using  a                                                               
snapshot in  time -  things like the  bracket creep  effects that                                                               
occur  because   of  inflation  over  time,   which  reduces  the                                                               
government take. One is also not  looking at the life cycle of an                                                               
asset type.                                                                                                                     
                                                                                                                                
3:50:28 PM                                                                                                                    
SENATOR STEDMAN asked him to explain that in more detail.                                                                       
                                                                                                                                
MR. MAYER  explained that the  appendices to the  Revenue Sources                                                               
Handbook,  page 104,  (d)(1)(c) showed  $13.75 for  operating and                                                               
lease  expenditures and  $15.36 for  capital expenditures.  Those                                                               
are per barrel prices, but not  per barrel produced. They are per                                                               
taxable barrel,  meaning that  they are  taking the  entire costs                                                               
for North  Slope production, but  taking out royalty  barrels and                                                               
barrels that for  other reasons don't come under  the system, and                                                               
spreading  the  costs over  the  taxable  barrels. To  use  those                                                               
figures as  an input to the  model, they need to  understand what                                                               
they  actually  are   on  a  per  barrel   produced  basis  (that                                                               
calculation will equalize the costs  of processing it through the                                                               
model and  taking out the things  that get deducted as  the model                                                               
works).                                                                                                                         
                                                                                                                                
3:52:00 PM                                                                                                                    
Instead  Mr.  Mayer note  that  he  provided  a table  of  actual                                                               
revenue figures  (slide 7) of  different components of  a regime,                                                               
not  from  a  percentage  of  government  take  perspective.  For                                                               
instance, $110 oil has a  production tax number of $4.78 billion,                                                               
slightly  higher than  the  $4.717 in  DOR  FY13 estimates.  That                                                               
difference is entirely due to  their using a $109.47 barrel price                                                               
for ANS crude versus $110. The  next important thing to say about                                                               
this analysis  is that  it shows  what the  system looks  like at                                                               
different  price takes  holding everything  else including  costs                                                               
constant.  But  the   reality  is  that  as   prices  have  risen                                                               
historically, so have costs -  very dramatically. He reminded the                                                               
committee how to remember that this  was just an analysis and not                                                               
a forecast.                                                                                                                     
                                                                                                                                
CO-CHAIR PASKVAN  asked if he was  saying if prices go  up, costs                                                               
could  go  up, too.  But  for  his  analysis  he kept  the  costs                                                               
constant using FY13 levels adjusted for the flowing barrels.                                                                    
                                                                                                                                
MR. MAYER answered yes.                                                                                                         
                                                                                                                                
MR.  KEPES said  they know  that costs  will go  up if  that does                                                               
happen on a sustained basis.                                                                                                    
                                                                                                                                
3:54:59 PM                                                                                                                    
MR.  MAYER  went to  slide  8,  an  overview of  two  unbracketed                                                               
amendments  and   two  bracketed  amendments  in   CSSB  192.  He                                                               
summarized the  salient points  of each  saying first  that under                                                               
ACES  the  production tax  is  level  until  $30 barrel  when  .4                                                               
percent progressivity kicks in and  that is reduced to .1 percent                                                               
level once production tax value reaches $92.50.                                                                                 
                                                                                                                                
Under CSSB 192, two key changes are  made: one is putting in a 60                                                               
percent  maximum for  production tax  value (rather  than the  75                                                               
percent), and the other is  the initial progressivity coefficient                                                               
is reduced from .4 percent to .35 percent.                                                                                      
                                                                                                                                
Amendment  B.3  uses that  60  percent  maximum, but  it  doesn't                                                               
change the  .4 percent progressivity coefficient.  Amendment B.18                                                               
uses  the   60  percent   maximum  and   keeps  the   .4  percent                                                               
progressivity coefficient  up until a production  tax value level                                                               
of $67.50  per barrel; then  it reduces  that to the  .35 percent                                                               
level for prices between $67.50 and $92.50.                                                                                     
                                                                                                                                
Two  bracketed amendments  take the  25 percent  base level  that                                                               
applies in all of these cases  to production tax value, and takes                                                               
the $30 price  at which progressivity kicks in,  but instead uses                                                               
a  bracketed  approach  for  progressivity  going  up  in  $12.50                                                               
increments. Under  Amendment B.4, that bracketed  system tops out                                                               
at a  maximum level  of 60 percent,  common with  the unbracketed                                                               
amendments.  Under Amendment  B.5, that  bracketed approach  tops                                                               
out at maximum of 50 percent.                                                                                                   
                                                                                                                                
MR.  MAYER  said  he  started  by looking  at  what  it  does  to                                                               
breakeven prices  in the high  cost development example.  In this                                                               
example, it pushes  a 10 percent level breakeven way  up into the                                                               
$100  barrel range.  He  explained  that is  a  function of  high                                                               
marginal  takes  under  the  ACES  system.  Using  this  mode  of                                                               
analysis, he  said he had  noticed a  couple of things:  that the                                                               
base  CS  along  with  Amendment B.8  and  B.18  look  relatively                                                               
similar.  The  significant  difference  between  those  and  ACES                                                               
occurs at  higher dollar per  barrel oil prices and  it increases                                                               
as the  prices get greater. That  is simply a function  of the 60                                                               
percent cap. At  oil prices in the $80 to  $100 range, there will                                                               
be some differences  between them (because of  the slightly lower                                                               
progressivity  coefficient, for  instance, under  CSSB 192),  but                                                               
they are relatively  minor. The shift in  breakeven economics for                                                               
the example indicates  a shift, but a small one  compared to that                                                               
in  the  two  bracketed  amendments   where  the  result  of  the                                                               
bracketing  is to  significantly reduce  the marginal  government                                                               
take, and that,  in turn, straightens the  line and significantly                                                               
reduces breakeven prices in the high cost develop example.                                                                      
                                                                                                                                
MR.  MAYER said  he  had  results for  each  using  the low  cost                                                               
development example, the high cost  development example and using                                                               
the FY13 numbers. He offered to step through all of them.                                                                       
                                                                                                                                
CO-CHAIR PASKVAN said  they had one hour left and  he would defer                                                               
to  Mr. Mayer's  estimation  on how  long it  would  take to  get                                                               
through another two dozen slides.                                                                                               
                                                                                                                                
4:00:35 PM                                                                                                                    
MR. MAYER  started going through  the results using the  low cost                                                               
development example, the  high cost example and  the FY13 numbers                                                               
saying since  this was  ultimately an  exercise in  comparison of                                                               
regimes  the number  are  comparable across  the  range. So,  the                                                               
differences  in distinction  seen between  the amendments  in any                                                               
given case  were largely similar,  even if the  actual percentage                                                               
numbers  were  different (depending  on  the  cost estimates  the                                                               
analyses used).                                                                                                                 
                                                                                                                                
SENATOR   FRENCH  reminded   folks  that   the  low   cost  field                                                               
development assumptions were $10 plus $5, plus $5 plus $7.                                                                      
                                                                                                                                
MR. MAYER  answered yes, and  added that the  $5 plus $5  are not                                                               
strictly  additive in  any  given year,  because  the initial  $5                                                               
occurred  during   developing  on  a  per   reserves  basis.  The                                                               
maintenance $5 is every year after production starts.                                                                           
                                                                                                                                
SENATOR FRENCH asked how he plugged in the reserves CAPEX.                                                                      
                                                                                                                                
SENATOR  MEYER answered  that  the idea  is to  say  if over  the                                                               
economic lifespan  of this asset,  this is the total  amount that                                                               
will produced,  where if he looks  at operating costs in  a given                                                               
year (on a  per flowing barrel basis), he could  say what it will                                                               
cost to  produce per  barrel in that  timeframe. But  he couldn't                                                               
look  at  a given  year's  production  to  say what  the  initial                                                               
development capital  was going  to be. The  best way  to estimate                                                               
that is  to say the size  of the development is  indicated by the                                                               
total reserves that are going  to be recovered. Instead of taking                                                               
each year's production, he would  take the sum of the production,                                                               
and saying  in total they  are comparable,  but one is  about the                                                               
initial act  of development, which  occurs before  any production                                                               
has occurred and  one is about an amount based  on a given year's                                                               
production.                                                                                                                     
                                                                                                                                
4:03:55 PM                                                                                                                    
SENATOR FRENCH  thanked him  and recapped  that it's  taking into                                                               
account  everything spent  to get  the  first barrel  out of  the                                                               
ground.                                                                                                                         
                                                                                                                                
MR. KEPES replied  yes; it's the initial  development capital. It                                                               
depends on different types of  development, but you could foresee                                                               
a  type  of  development  where   eight  years  after  production                                                               
startup, you may need to  re-drill some wells or drill additional                                                               
ones to  increase the  recovery factor,  which wasn't  quite what                                                               
you thought  it was going  to be. In  this case, because  the low                                                               
cost  development is  effectively  older  fields, the  additional                                                               
development costs have  been "smeared out" annually  in a uniform                                                               
pattern, which wouldn't necessarily be  the case with a brand new                                                               
field development.  That has been  called renewal  or maintenance                                                               
capital and could include  replacing pipelines, re-drilling wells                                                               
- essentially, what is happening on the North Slope now.                                                                        
                                                                                                                                
4:05:37 PM                                                                                                                    
MR. MAYER  directed attention  to the initial  big yellow  dip on                                                               
cash flow graph on page 10  that occurs before any production has                                                               
occurred,  the  development CAPEX,  calculated  on  a per  barrel                                                               
reserves  basis  and  noted  the  ongoing  yellow  line  was  the                                                               
maintenance capital.  While their  shape over time  is different,                                                               
because  each is  $5 per  barrel, they  will add  up to  the same                                                               
amount  in total.  He  also noted  that the  dip  in yellow  bars                                                               
(development capital) and  the black line (after  tax cash flow),                                                               
is not as significantly negative in  the early years as the CAPEX                                                               
would suggest it might be, and  that is the impact of the credits                                                               
under ACES.                                                                                                                     
                                                                                                                                
CO-CHAIR PASKVAN  pointed out that  Alaska, because of  its CAPEX                                                               
credits at the  early stage of the project,  is front-end loading                                                               
those costs by a certain  percentage, and the initial development                                                               
phase is  Alaska's contribution to  the project.  Once production                                                               
starts, the black line goes positive to the state.                                                                              
                                                                                                                                
MR. MAYER agreed except that it  would be positive to the partner                                                               
that  had undertaken  the project.  The 60  percent progressivity                                                               
cap makes  a difference  in government  take occurring  upward of                                                               
the $140 to $150 barrel range.                                                                                                  
                                                                                                                                
4:08:09 PM                                                                                                                    
MR. MAYER  said there is  a slight  difference early on  at lower                                                               
prices  when  you  might  see 1  percent  lower  government  take                                                               
compared  to  the previous  example  that  comes from  the  lower                                                               
progressivity (.35 percent) coefficient being applied.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  asked for  the difference between  ACES and                                                               
the CS  in the  range from $100  to $130, which  is where  oil is                                                               
expected to be in the next few years.                                                                                           
                                                                                                                                
MR. MAYER turned to slides  22/23 saying that 22 represented what                                                               
ACES looks like  using the FY2013 inputs and  23 represented what                                                               
CSSB 192 looks like on that basis.                                                                                              
                                                                                                                                
He said  using the $110 example,  since it is closest  to the DOR                                                               
figures,  in the  ACES case  that  equates to  $4.78 billion  and                                                               
under CSSB 192 it equates to $4.512 billion.                                                                                    
                                                                                                                                
4:10:16 PM                                                                                                                    
SENATOR  WIELECHOWSKI  commented  that  last week  oil  had  been                                                               
between  $120 and  $130.  And  the state  take  went from  $9.952                                                               
billion to  $9.6 million at  $120 (roughly $300 million),  and at                                                               
$130 it's almost a $450 million spread.                                                                                         
                                                                                                                                
MR.  MAYER said  that sounded  right  to him.  He explained  that                                                               
looking at the first amendment,  B.8 (simple progressivity) slide                                                               
12 indicated  the effect  of going  from $140  to $150  onward on                                                               
overall levels of  government take is largely similar  to that in                                                               
the  previous  example,  because  the cause  of  that  change  is                                                               
exactly the  same as the cause  of the change in  CSSB 192, which                                                               
is simply  the cap being  set at 60 percent  progressivity. Below                                                               
the level at which that cap  binds, levels of government take are                                                               
essentially  identical to  the ACES  system, because  unlike CSSB
192,  Amendment  B.8 doesn't  have  the  change in  progressivity                                                               
coefficient from .4 percent to .35 percent.                                                                                     
                                                                                                                                
4:13:18 PM                                                                                                                    
Instead, Amendment B.18 (slide 13)  in many ways lies between the                                                               
impact  of  CSSB 192  and  Amendment  B.8,  meaning that  the  60                                                               
percent maximum  starts to  bind above  the $140/$150  level, and                                                               
therefore  levels  of government  take  flatten  out. A  slighter                                                               
effect happens  earlier in the price  deck; that is because  in a                                                               
more limited  range of prices, there  is also a reduction  in the                                                               
progressivity coefficient from .4 percent  to .35 percent, but it                                                               
only occurs above the $67.50 production tax value level.                                                                        
                                                                                                                                
4:14:26 PM                                                                                                                    
Amendment B.4 (slide 14) showed  progressivity bracketed with the                                                               
35 percent top  bracket and a significantly  greater reduction in                                                               
overall levels of  government take. In this case, at  the top end                                                               
these come  down from  the 84  percent under  ACES to  79 percent                                                               
under CSSB  192 down to  about 75 percent  in this case.  This is                                                               
the result of the fact that  while the maximum is still being set                                                               
at the  60 percent level,  the effect  of bracketing is  to bring                                                               
down levels of government take across the entire price deck.                                                                    
                                                                                                                                
Amendment B.5 (slide  15) showed something similar,  but a little                                                               
lower, because  the lower maximum is  set at 50 percent.  In this                                                               
case the highest levels of  overall government take are around 71                                                               
percent.                                                                                                                        
                                                                                                                                
4:16:06 PM                                                                                                                    
MR.  MAYER said  the impacts  at a  high cost  development [under                                                               
ACES] (slide 16) will be similar  in each case just with slightly                                                               
different  absolute   numbers  because  of  the   different  cost                                                               
assumptions,   particularly  with   the  FY13   revenue  estimate                                                               
numbers.                                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if he  was assuming  payment of  the                                                               
full 9.4 percent for corporate income tax or something lower.                                                                   
                                                                                                                                
MR. MAYER  answered that he  assumed 8.4 percent,  which previous                                                               
research led  them to  believe was a  reasonable average  for the                                                               
state of Alaska.                                                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI asked if it  were a couple percentage points                                                               
less than that would it have an impact.                                                                                         
                                                                                                                                
MR. MAYER  answered it  would have  a very  small impact.  If you                                                               
look  at  the  contribution  of state  corporate  income  tax  to                                                               
overall  government take,  there are  questions of  deductibility                                                               
from other  forms of  tax and  the fact that  8.5 percent  or 9.5                                                               
percent income tax is on  taxable income not on divisible income,                                                               
which government take  is calculated on. They  see something that                                                               
ranges from  0 percent to 2  percent of the total  for government                                                               
take and if that was sliced in  half, it might go down 1 percent,                                                               
but nothing dramatic.                                                                                                           
                                                                                                                                
4:17:44 PM                                                                                                                    
SENATOR WIELECHOWSKI  quipped that cutting production  taxes just                                                               
gives a  more to  the federal  government and  asked if  there is                                                               
another  lever to  pull that  wouldn't give  it to  the producers                                                               
instead.                                                                                                                        
                                                                                                                                
4:18:14 PM                                                                                                                    
CO-CHAIR  PASKVAN asked  what percentage  of  government take  he                                                               
used for  federal income  tax as his  base assumption.  They have                                                               
heard  the actual  rate paid  is substantially  less than  the 35                                                               
percent. He asked him to walk  them through an analogy similar to                                                               
the one he did for state income tax.                                                                                            
                                                                                                                                
MR. MAYER responded  that this model uses the  nominal 35 percent                                                               
effective rate. The contribution  of federal corporate income tax                                                               
to  total  government  take  varies  between  8  percent  and  13                                                               
percent. So  a substantial  reduction could take  1 percent  to 3                                                               
percent off the total government take figures.                                                                                  
                                                                                                                                
MR. KEPES asked  if his question was about going  from 35 percent                                                               
to 28 percent, which is the latest proposal.                                                                                    
                                                                                                                                
CO-CHAIR PASKVAN said  he wanted to give the  committee a general                                                               
understanding. Also  on page 16  and in  other charts there  is a                                                               
federal  CIT corporate  income tax;  that  rate is  set forth  in                                                               
various cost structures for the price of a barrel of crude.                                                                     
                                                                                                                                
4:20:28 PM                                                                                                                    
SENATOR STEDMAN said  some communities have first call  on the 20                                                               
mil  state property  tax. PFC  figures indicate  a total  of $400                                                               
plus million in property tax with  $93 million coming back to the                                                               
state. He  asked why he  wouldn't count  all of the  property tax                                                               
paid  by the  industry  regardless of  whom it  goes  to in  that                                                               
process.                                                                                                                        
                                                                                                                                
4:21:42 PM                                                                                                                    
MR.  MAYER  answered  that  may  be  something  he  may  need  to                                                               
understand in greater detail than he had at this point.                                                                         
                                                                                                                                
He went  to slides  22-24 modeling  high cost  developments under                                                               
ACES with DOR FY13 estimate inputs.  At the $110 level under ACES                                                               
government take  is an estimated  $4.78 billion and that  goes to                                                               
$4.512 billion under CSSB 192.  Mr. Mayer said they get something                                                               
almost  indistributable  from  ACES   at  that  price  level  for                                                               
Amendment B.8, the  reason being that it doesn't  have the impact                                                               
of the low progressivity coefficient  and the reduced cap doesn't                                                               
bind at that price level.                                                                                                       
                                                                                                                                
SENATOR  STEDMAN asked  him to  explain why  the yellow  bar goes                                                               
below the Y axis on slide 22 (the current system).                                                                              
                                                                                                                                
MR.  MAYER  explained   in  this  $40  case,   you  see  negative                                                               
production  tax value,  and  that  will occur  in  low oil  price                                                               
environments for almost  any project. Where in the  price deck it                                                               
occurs will depend on project  economics. The reason it occurs is                                                               
because at  that price level the  project as a whole  is probably                                                               
no longer  profitable. It  certainly doesn't  generate production                                                               
tax  value. So,  before capital  credits and  other credits,  its                                                               
production tax liability  is zero. Over and  above that, however,                                                               
if  the project  is spending  capital  and accrues  a 20  percent                                                               
capital credit, that is reimbursable  regardless of the fact that                                                               
there is  no production tax  liability against it. In  that case,                                                               
the  effective production  tax after  capital  credits have  been                                                               
included is negative,  and that is why the yellow  bar goes below                                                               
the Y axis.                                                                                                                     
                                                                                                                                
He emphasized  that in this  case, while  it's negative at  $40 a                                                               
barrel,  the   overall  level  of   government  take   and  state                                                               
government take  is still  very high,  because of  the regressive                                                               
nature  of  things  like  royalty,   which  is  still  coming  in                                                               
significantly from  the project. In  this instance it  is greater                                                               
than  that  negative payment  and  probably  consumes almost  the                                                               
entirety of the cash flow from that project.                                                                                    
                                                                                                                                
4:24:57 PM                                                                                                                    
SENATOR  STEDMAN said  at $40  a barrel,  government take  is 112                                                               
percent,  and asked  if he  could  infer that  under the  current                                                               
system.                                                                                                                         
                                                                                                                                
MR.  MAYER replied  that the  divisible income  from the  project                                                               
isn't enough to cover  all the taxes that are paid  on it in that                                                               
case. The best  way to visualize this is to  use the example from                                                               
his last  testimony in looking  at the  impact of a  flat royalty                                                               
over  different cost  structures, some  with marginal  economics,                                                               
because they had  very high costs relative to the  oil price. The                                                               
impact of the royalty may be  to take up all the divisible income                                                               
or in  some cases  more. That  is possible  for any  project that                                                               
faces a  flat royalty; it  is a question  of what oil  price that                                                               
occurs at and what the cost structure is.                                                                                       
                                                                                                                                
SENATOR STEDMAN asked if that  is because royalty gets first call                                                               
on the income stream.                                                                                                           
                                                                                                                                
MR. MAYER answered  exactly. It's because royalty  is measured on                                                               
a gross basis before costs and other things are considered.                                                                     
                                                                                                                                
He continued that  Amendment B.8 at the $110 level  (slide 24) is                                                               
largely  the  same as  the  current  system.  There is  a  slight                                                               
reduction  in  the  modeled  revenue  at  the  $110  level  under                                                               
Amendment B.18,  but it is less  than under CSSB 192.  The reason                                                               
for  that  is  because  the  reduced  .35  percent  progressivity                                                               
coefficient in this case applies  only at prices above the $67.50                                                               
mark not to the entire price deck.                                                                                              
                                                                                                                                
4:27:25 PM                                                                                                                    
He  said Amendment  B.4 (slide  26) forecasts  revenues of  $3.27                                                               
billion at the  $110 mark and a similar rate  under Amendment B.5                                                               
(page  27), the  difference  being that  the greater  differences                                                               
occur at points higher in the price deck.                                                                                       
                                                                                                                                
4:28:03 PM                                                                                                                    
MR. MAYER went next to  graphs of average marginal take occurring                                                               
to these systems  (slide 28); the one on bottom  right looks just                                                               
at the production  tax component of the ACES regime;  the axis on                                                               
the bottom  looks at that against  production tax value -  to see                                                               
what that means,  both in terms of  the system as a  whole and in                                                               
terms of  the oil price  - instead  of the technical  question of                                                               
production tax value. The graph in  the upper left looks not just                                                               
at ACES  and the  particular tax  rate that is  paid, but  on the                                                               
left  axis  has  a  total  level of  government  take,  either  a                                                               
marginal rate  or an average rate  and what that looks  like over                                                               
the course of  the price deck. For instance, under  ACES they see                                                               
relatively  high marginal  rates going  up to  high $80s  and low                                                               
$90s under ACES,  picking up at the $92.50  production tax value,                                                               
which is where  the coefficient goes from being .4  percent to .1                                                               
percent. In the  context of the system as a  whole, that means at                                                               
oil prices  of $110  to $130  range they  see very  high marginal                                                               
rates and the peak that one sees  at that point in the price deck                                                               
in  the  overall  system  is  the  same  peak  as  the  one  from                                                               
production tax value in the bottom right graph.                                                                                 
                                                                                                                                
MR.  MAYER  said  on  the  next slide  (29)  CSSB  192  does  two                                                               
different things; the  peak of marginal take under CSSB  192 is a                                                               
little  lower and  the slope  going  up to  it is  a little  more                                                               
gradual  and   that  is  simply   a  function  of   3.35  percent                                                               
progressivity  coefficient. It  still has  the same  sort of  saw                                                               
tooth profile. But the production  tax value graph drops down and                                                               
is  equal to  the average  rate at  production tax  values around                                                               
$200  to  $210  mark,  which  is where  the  60  percent  cap  on                                                               
progressivity starts to bind.                                                                                                   
                                                                                                                                
4:31:11 PM                                                                                                                    
CO-CHAIR  PASKVAN asked  him to  explain  the difference  between                                                               
production tax value (PTV) and the price of oil.                                                                                
                                                                                                                                
MR. MAYER  explained that  PTV per  barrel of  oil is  a tangible                                                               
concept that  underpins ACES  and all  systems envisioned  by the                                                               
various amendments.  It's a number  that is arrived at  by taking                                                               
the  revenues  from  selling  oil,   subtracting  the  costs  and                                                               
dividing by the total taxable production.                                                                                       
                                                                                                                                
CO-CHAIR PASKVAN asked  him how the effective tax  rate layers on                                                               
top of everything.                                                                                                              
                                                                                                                                
MR.  MAYER  answered  for their  purposes  here  "effective"  and                                                               
"average" mean the same thing.  The important thing to understand                                                               
in  that context  is that  the average  rate is  the rate  at any                                                               
given price  level that  is actually paid;  the marginal  rate is                                                               
the  rate  that comes  when  he  looks at  if  the  price of  oil                                                               
increases by a dollar  a barrel how much he gets  to keep and how                                                               
much goes to tax.                                                                                                               
                                                                                                                                
4:34:17 PM                                                                                                                    
MR.  MAYER  went to  Amendment  B.8  (slide  30) and  noted  that                                                               
earlier in the  price deck they have exactly the  same profile as                                                               
under ACES  with the sole  difference being the second  saw tooth                                                               
where the  marginal rate comes  down (in the bottom  right graph)                                                               
to  the 60  percent  level, which  is where  the  60 percent  cap                                                               
binds.                                                                                                                          
                                                                                                                                
Further, looking at Amendment B.18  (slide 31), Mr. Mayer pointed                                                               
out a slightly  more complex profile of the  marginal rate, which                                                               
is   the  impact   of  the   initial  .4   percent  progressivity                                                               
coefficient with a reduction to  .35 percent somewhere in the $60                                                               
range, and marginal  tax rates under PTV still getting  up to the                                                               
$80s  but not  quite as  high as  they were  otherwise. And  then                                                               
after that the same profile as under CSSB 192.                                                                                  
                                                                                                                                
4:35:29 PM                                                                                                                    
MR.  MAYER said  the  bracketed systems  are  very different.  In                                                               
particular,  there are  no  dramatic peaks  in  either very  high                                                               
marginal  tax  rates  for  the  PTV or  high  marginal  rates  of                                                               
government take, and  that is simply the impact  of the bracketed                                                               
approach to  calculating these things.  As a result,  the average                                                               
rises  more  slowly.  That  means  a number  of  things  in  this                                                               
context. Slide  34 shows  the sensitivity  of project  value over                                                               
crude prices  and it's  the lower levels  of marginal  take under                                                               
the bracketed  systems that  increase the slope  of the  line for                                                               
both, and that  makes a significant difference, in  this case, to                                                               
project breakeven pricing.                                                                                                      
                                                                                                                                
Second is  the question of the  impact of high marginal  rates on                                                               
what companies  spend in their  capital budget, the  gold plating                                                               
issue, when  one faces a very  high marginal tax rate,  there may                                                               
be incentives  to spend more  on a  given project than  one might                                                               
otherwise simply  because the high  marginal tax rate  means that                                                               
effectively  the share  of additional  spending one  has to  bear                                                               
one's self is relatively low.                                                                                                   
                                                                                                                                
4:37:40 PM                                                                                                                    
MR. MAYER  went back to slide  33 and pointed out  that Amendment                                                               
B.5 looks a lot like Amendment  B.4, but the peak of the marginal                                                               
rate and  the average production tax  rate that follows it  is at                                                               
50 percent instead of 60  percent, and correspondingly one sees a                                                               
big marginal rate well under 80  percent in the case of Amendment                                                               
B.5.                                                                                                                            
                                                                                                                                
4:38:12 PM                                                                                                                    
SENATOR  MCGUIRE   referenced  his  last  point   about  marginal                                                               
taxation and  that Pedro van Meurs  had talked to them  about the                                                               
concept of efficiency in projects  and the tendency for companies                                                               
to want to gold plate when marginal  rates go up, and asked if he                                                               
would say that is how inefficiencies get built into the system.                                                                 
                                                                                                                                
MR. MAYER replied  that it's possible that there  may be perverse                                                               
incentives under systems with a high marginal rate.                                                                             
                                                                                                                                
4:39:15 PM                                                                                                                    
SENATOR MCGUIRE  said Alaska  offers credits  in an  unusual way;                                                               
they forward  fund them and  don't force companies to  carry them                                                               
forward  into their  tax liability.  Alaska  allows companies  to                                                               
turn in  credits for cash  unlike other countries  like Australia                                                               
that makes  companies carry them  forward to when they  have tax.                                                               
She  asked   if  Alaska  would   be  better  off  to   lower  its                                                               
progressivity  rate  and perhaps  correct  what  it's doing  with                                                               
respect to  credits - either reduce  the amount or force  them to                                                               
be carried  forward against the  actual tax liability -  to build                                                               
more efficiency into the system.                                                                                                
                                                                                                                                
MR. MAYER  responded that  this is  one of  the issues  that this                                                               
committee and the  legislature as a whole needs  to grapple with.                                                               
PFC has been doing a lot of research and analysis on it.                                                                        
                                                                                                                                
SENATOR MCGUIRE said  she wanted to know if Alaska  would be more                                                               
competitive  by lowering  the progressivity  rate and  adjust the                                                               
way they do credits. Where would  the "sweet spot" be? And did he                                                               
have  any  information  about whether  companies  look  at  these                                                               
credits in  decision making? It  didn't seem like  companies were                                                               
factoring them in.                                                                                                              
                                                                                                                                
MR. KEPES replied that companies do  factor them in and they also                                                               
take them  as a signal of  the government's or state's  intent in                                                               
terms of investment climate. Maybe  the existing credit structure                                                               
is incenting investments in part  of the production base, but not                                                               
in terms of new projects, for instance.                                                                                         
                                                                                                                                
4:43:33 PM                                                                                                                    
MR. MAYER added looking at the  ACES regime on slide 16 and using                                                               
the  high cost  development as  an example,  that the  reason the                                                               
economics of a  project like this are  particularly challenged is                                                               
just  because  of the  very  high  upfront  capital cost.  It  is                                                               
somewhat  ameliorated in  this  case by  the  20 percent  capital                                                               
credit,   but  the   problem  is   that  it's   not  sufficiently                                                               
ameliorated  to  make  up  for   the  overall  challenge  of  the                                                               
economics.                                                                                                                      
                                                                                                                                
MR. KEPES said companies often look  at how much capital they are                                                               
out in  any one year.  So, if they are  out $2.3 billion  at peak                                                               
before they  can get a  project on stream  that is a  risk metric                                                               
for  them.  They  wouldn't  want  to  do  that  in  Ecuador,  for                                                               
instance, but  would feel better about  doing it in a  place like                                                               
Alaska.                                                                                                                         
                                                                                                                                
CO-CHAIR  PASKVAN  remarked  that  another way  of  saying  "risk                                                               
mitigater"  is  that  Alaska  is  attractive  in  regard  to  its                                                               
credits.                                                                                                                        
                                                                                                                                
MR. KEPES  agreed; if you  compare Alaska and Ecuador,  Alaska is                                                               
more  attractive for  a  number of  different  reasons, not  just                                                               
because of the government.                                                                                                      
                                                                                                                                
4:45:43 PM                                                                                                                    
SENATOR FRENCH  asked to go back  to slide 11 and  asked for more                                                               
discussion on the internal rate of return graph.                                                                                
                                                                                                                                
MR.  MAYER explained  that the  chart provided  an indication  of                                                               
what some very rough project  economics look like for the generic                                                               
low cost development  example across a range  of different cases.                                                               
The numbers are  more instructive in terms  of comparison between                                                               
the different fiscal scenarios than  they are in their own right,                                                               
since this  isn't an  actual project.  If they  look at  the $100                                                               
level, they  see an increase  in the overall project  net present                                                               
value, that being  the discounted value today of  the future cash                                                               
flows of  the project,  from in  this case  $712 million  to $756                                                               
million. That comes  almost entirely as a result  of the decrease                                                               
in the progressivity coefficient from  .4 percent to .35 percent,                                                               
since at the $100 level the 60 percent cap isn't binding.                                                                       
                                                                                                                                
4:47:08 PM                                                                                                                    
SENATOR  FRENCH asked  him  to  talk about  what  the 23  percent                                                               
figure means for IRR.                                                                                                           
                                                                                                                                
MR. MAYER answered that IRR  means Internal Rate of Return, which                                                               
is  another benchmark  metric  that  is often  used  in terms  of                                                               
project evaluation  and approval.  On the  one hand,  net present                                                               
value (NPV) enables  one to get a sense of  the absolute level of                                                               
value of a given project, but  it's less useful in comparing very                                                               
different projects with  each other, because it  doesn't say much                                                               
about where the  value comes in terms of time  value of money. It                                                               
becomes quite  difficult to compare very  expensive projects with                                                               
relatively cheap ones.  IRR can be more useful for  that. He said                                                               
companies may have particular IRR  benchmarks as one first filter                                                               
in  the  process of  capital  allocation  that  may be  lower  in                                                               
developed countries  than in developing countries  where probably                                                               
a company would  expect to see a  15 percent rate of  return at a                                                               
minimum  and in  many cases  significantly higher,  as a  hurdle,                                                               
depending on a range of things.                                                                                                 
                                                                                                                                
SENATOR FRENCH  said they  had heard the  15 percent  number used                                                               
before as a benchmark for  investment and asked what would happen                                                               
to that  IRR using $120 as  the price - for  something at Prudhoe                                                               
Bay.                                                                                                                            
                                                                                                                                
MR. MAYER  said he didn't want  to give a precise  answer, but it                                                               
would be further up in the 20s.                                                                                                 
                                                                                                                                
SENATOR FRENCH asked  if drilling an infield well  at Prudhoe Bay                                                               
would be a low cost development.                                                                                                
                                                                                                                                
MR. MAYER replied  that he wouldn't want  to go so far  as to say                                                               
that somehow these particular figures  apply to that, but that is                                                               
the general  idea. One of  the key things  to grasp here  is that                                                               
there absolutely are profitable forms  of investment on the North                                                               
Slope at the moment, and they  are ongoing as they speak. Capital                                                               
is  being  spent  on  the   North  Slope  both  on  renewing  and                                                               
maintaining old facilities  that were built to last  25 years and                                                               
now  require significant  investment if  they are  going to  keep                                                               
going.   Doing a  range of  well work  going from  what otherwise                                                               
would be a 15 percent decline  curve to a 6 percent decline curve                                                               
involves a  lot of capital, but  there are healthy returns  to be                                                               
had by spending that money, and that is why it is spent.                                                                        
                                                                                                                                
He  said  as   soon  as  one  gets  away   from  the  established                                                               
infrastructure and  starts drilling  much more  challenging wells                                                               
into viscous  oil reservoirs, if one  has to build a  sand island                                                               
to  put production  facilities on,  these  things suddenly  start                                                               
costing  much, much  more money.  When that's  the case,  you see                                                               
much more challenged economics in the high cost example.                                                                        
                                                                                                                                
4:50:56 PM                                                                                                                    
SENATOR  FRENCH said  they talked  about how  the state  might be                                                               
$2.3 billion  out of pocket  for total costs before  money starts                                                               
coming back and  asked how the state could  improve the economics                                                               
of  a $2  billion  field  if it  wanted  to  invest $500  million                                                               
alongside that private investment.                                                                                              
                                                                                                                                
MR.  KEPES asked  if  he meant  the state  would  take an  equity                                                               
stake.                                                                                                                          
                                                                                                                                
SENATOR FRENCH answered yes.                                                                                                    
                                                                                                                                
MR.  MAYER replied  that doesn't  change the  ROR; it  just means                                                               
that ROR applies to both.                                                                                                       
                                                                                                                                
SENATOR  FRENCH   added  assuming   that  the  state   wanted  to                                                               
participate at the exact same ROR.                                                                                              
                                                                                                                                
MR. MAYER  responded that the  state is  putting in its  share of                                                               
the capital  as an equity partner,  but it's also taking  out its                                                               
share of  the cash flows  and the impact  of those two  things is                                                               
neutral.                                                                                                                        
                                                                                                                                
MR. KEPES  added unless the state  is willing to pay  "a promote"                                                               
to  the operator  in place.  In theory,  if Chevron  asked BP  to                                                               
"farm into  25 percent of this  and I'll pay $500  million,"  and                                                               
they want it  badly enough, BP might charge them  a promote where                                                               
Chevron would  actually pay an  additional amount just  to enter.                                                               
That could make the ROR different.                                                                                              
                                                                                                                                
SENATOR FRENCH asked  if the buy-in partner is willing  to take a                                                               
lower ROR, the economics for the other entity could be improved.                                                                
                                                                                                                                
MR. KEPES said that was correct.                                                                                                
                                                                                                                                
4:53:08 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked his  sense of  the North  Slope where                                                               
legacy  fields are  relatively low  cost, high  ROR, high  profit                                                               
margins,  but  then  there's  some   new  exploration,  which  is                                                               
probably not as lucrative -  in other words, a blended portfolio.                                                               
He said  the way ACES is  structured that investing in  high cost                                                               
fields actually lowers tax rates on the low cost fields as well.                                                                
                                                                                                                                
MR. MAYER  said that  was true,  that effect  occurs, but  it's a                                                               
relatively  marginal   effect.  For  instance,  looking   at  the                                                               
hypothetical high cost development in  the context of an existing                                                               
portfolio,  two  things  could occur  to  improve  the  economics                                                               
compared to  what it looks like  to a new operator  starting from                                                               
scratch. Those are  the ability to not only  take capital credits                                                               
for the initial  capital spending and deduct  those from existing                                                               
production and, second,  the question of whether  in that process                                                               
of blending  the average  rate is reduced  and that's  a marginal                                                               
benefit. In  a case like  this, by  and large, they  don't change                                                               
the  fundamentals of  the question  of very  high costs  combined                                                               
with an  overall high level  of government take making  a project                                                               
very challenging.                                                                                                               
                                                                                                                                
4:54:54 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  if the  policy for  the state  was to                                                               
encourage  new   higher  cost  developments  that   a  couple  of                                                               
amendments provide  allocations for  different ways of  doing it,                                                               
and asked if he had looked at them.                                                                                             
                                                                                                                                
MR. KEPES replied no.                                                                                                           
                                                                                                                                
MR.  MAYER said  he had  looked at  them very  briefly, precisely                                                               
because they  were more  challenging to  model. Aspects  of those                                                               
regimes don't  look at total  government take and  total revenue,                                                               
but what it  looks like if it's a new  project versus an existing                                                               
project.                                                                                                                        
                                                                                                                                
CO-CHAIR  PASKVAN  said  they  see   low  cost  developments  and                                                               
translate that  to the legacy fields.  Yet they look at  the fall                                                               
2011 Revenue  Source Book  and see  the figure  north of  $37 for                                                               
transportation, OPEX  and CAPEX and  asked why that  is different                                                               
than the $22 Mr. Mayer is using.                                                                                                
                                                                                                                                
MR. MAYER replied  like any process of averages, you  have a very                                                               
wide range  of extremes. By simply  looking at a mean,  one loses                                                               
all of the data on  the granularity and it's particularly crucial                                                               
to  understand  that  as  they  think  about  this.  Because  the                                                               
economics of what ACES looks like  is very different for a mature                                                               
asset that has  just enough capital being spent on  it to keep it                                                               
on a  particular decline to  what it looks  for a brand  new high                                                               
cost development far from infrastructure.  And to the extent that                                                               
it's  the difficult  oil  that is  going  to provide  incremental                                                               
barrels to  make up for some  of the decline, that  is what needs                                                               
to be incentivized through a  fiscal system that is not currently                                                               
happening.                                                                                                                      
                                                                                                                                
MR.  KEPES added  that  it looks  like ACES  is  a fiscal  system                                                               
designed to get  the maximum out of a harvest  area as opposed to                                                               
using it in a growth area.                                                                                                      
                                                                                                                                
4:58:36 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if they  had looked at the exploration                                                               
credit aspect of ACES and what  sort of credits companies get for                                                               
new exploration.                                                                                                                
                                                                                                                                
MR.  KEPES replied  that  they  had looked  at  that, but  hadn't                                                               
prepared formal testimony  on it for today; it  hadn't been their                                                               
primary  focus. They  focused  on things  that  would impact  the                                                               
state  of Alaska  over the  next 10  or 12  years from  a revenue                                                               
perspective.                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI   asked  if  they   understand  exploration                                                               
credits.                                                                                                                        
                                                                                                                                
MR.  MAYER answered  that the  principal one  is the  exploration                                                               
credit that can be up to 40 percent.                                                                                            
                                                                                                                                
CO-CHAIR PASKVAN thanked the presenters and held SB 192 in                                                                      
committee.                                                                                                                      

Document Name Date/Time Subjects
PFC Energy_Requested Additional Analysis of Possible Progressivity Caps_02-27-2012.pdf SRES 2/29/2012 3:30:00 PM
SB 192
PFC Energy_REVISED_Senate Resources_Slides_Feb_17_2012.pdf SRES 2/29/2012 3:30:00 PM
SB 192
PFC Energy_CSSB192 and Amendments_02-29-2012.pdf SRES 2/29/2012 3:30:00 PM
SB 192