Legislature(2011 - 2012)BUTROVICH 205

03/01/2012 03:30 PM Senate RESOURCES


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03:34:53 PM Start
03:35:46 PM SB192
03:42:58 PM Presentation: Major North Slope Producers
05:08:29 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
Presentation by Major North Slope Producers
            SB 192-OIL AND GAS PRODUCTION TAX RATES                                                                         
                                                                                                                                
3:35:46 PM                                                                                                                    
CO-CHAIR  PASKVAN  announced   consideration  of  CSSB  192(RES),                                                               
labeled 27-LS1305\B.  He said BP  and ConocoPhillips  would offer                                                               
comments on it.  He said the committee had  received letters from                                                               
ExxonMobil,  Pioneer  Natural  Resources  and  the  Arctic  Slope                                                               
Regional  Corporation  in  the  last  couple  of  days  on  their                                                               
positions and  all the  information is posted  on BASIS.  He said                                                               
approximately  140   Alaskans  had   testified  on   Tuesday  and                                                               
Wednesday  and the  committee very  much appreciated  their input                                                               
and thoughts.  Additionally, each  committee member  had received                                                               
dozens  of  emails  from  around  the state  and  many  had  been                                                               
communicating with Alaskans about the  oil tax issue almost daily                                                               
for the last year.                                                                                                              
                                                                                                                                
3:37:38 PM                                                                                                                    
He  reviewed  that  CSSB  192(RES),   version  B,  preserves  the                                                               
deductions for  the capital  expenditures (CAPEX),  the operating                                                               
expenditures (OPEX)  and the  transportation costs.  It preserves                                                               
the tax credits,  the State of Alaska's royalty  rate and royalty                                                               
modification, and most importantly  it reduces progressivity from                                                               
the current tax  structure in two ways; it reduces  the slope and                                                               
lowers the cap.                                                                                                                 
                                                                                                                                
3:38:59 PM                                                                                                                    
The tax credits it preserves include:                                                                                           
-The 20 percent capital expenditure credits                                                                                     
-Oil and gas exploration credits                                                                                                
-Net operating loss (NOL) carry-forward credits                                                                                 
-Transitional investment expenditure credits                                                                                    
-Well lease expenditure credits                                                                                                 
-Cook Inlet jack up rig credit                                                                                                  
                                                                                                                                
3:39:39 PM                                                                                                                    
He  said as  owner of  a  world class  resource, Alaska  collects                                                               
about 12.5 to 16.5 percent as  a royalty and that doesn't change.                                                               
For  comparison,  Texas averages  25  percent  royalty and  North                                                               
Dakota averages  20 percent, but  their production is  on private                                                               
land.                                                                                                                           
                                                                                                                                
CO-CHAIR PASKVAN said the commissioner  still preserves the right                                                               
to modify royalty to  no lower than 5 percent if  a field or pool                                                               
is  not  otherwise  economically  feasible  and  is  sufficiently                                                               
delineated.  If a  royalty modification  is submitted  to prolong                                                               
the  economic  life  of  a  field  (for  example,  because  costs                                                               
increased or  the price  decreased) it can't  be reduced  below 3                                                               
percent.                                                                                                                        
                                                                                                                                
3:41:24 PM                                                                                                                    
CO-CHAIR  PASKVAN  said Alaska  has  a  system by  which  taxable                                                               
barrels  are  analyzed  after  royalty  is  taken  off  the  top;                                                               
transportation  costs, CAPEX  and  OPEX are  deducted from  that.                                                               
Production  Tax Value  (PTV)  is the  value  that is  established                                                               
after arriving  at taxable barrels.  The original trigger  of $30                                                               
PTV is maintained  but the slope changes in the  CS at this point                                                               
from .4 to  .35 and at 50 percent is  reduced to .1 progressivity                                                               
for a 60 percent maximum (down from 75 percent).                                                                                
                                                                                                                                
^Presentation: Major North Slope Producers                                                                                      
3:42:58 PM                                                                                                                    
DAMIAN BILBAO,  Head of Finance,  Developments and  Resources, BP                                                               
Exploration  Alaska, recognized  the  committee's willingness  to                                                               
discuss  and  debate  Alaska's  oil  tax  policy.  He  said  this                                                               
dialogue must continue to stem  declining production on the North                                                               
Slope. They  have a common  goal with  the state of  getting more                                                               
oil in the pipe.                                                                                                                
                                                                                                                                
3:45:01 PM                                                                                                                    
SENATOR STEVENS joined the committee.                                                                                           
                                                                                                                                
MR. BILBAO said his testimony would  be specific to the CS before                                                               
them [version B].                                                                                                               
                                                                                                                                
3:45:45 PM                                                                                                                    
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
CO-CHAIR PASKVAN noted Senator Giessel in the audience.                                                                         
                                                                                                                                
MR.  BILBAO   said  he  found   it  notable  that   PFC  Energy's                                                               
presentation  yesterday   indicated  that  only   the  amendments                                                               
providing for  bracketing around progressivity  showed meaningful                                                               
tax change that would lead to increased investment in Alaska.                                                                   
                                                                                                                                
MR. BILBAO  said CSSB 192(RES),  version B, does not  provide any                                                               
meaningful tax change. The movement  in the progressivity feature                                                               
from  .4 percent  to .35  percent will  not affect  BP's decision                                                               
making process  in Alaska  or shift  the conversation  around the                                                               
opportunity  set. Only  a "meaningful  tax  change starting  with                                                               
bracketing  around   progressivity"  will  draw   the  additional                                                               
investment Alaska needs  to put more oil in the  pipe. He offered                                                               
to take questions.                                                                                                              
                                                                                                                                
SENATOR STEDMAN asked  what BP thought of  the two-tier approach:                                                               
one dealing with current production  in the legacy fields and the                                                               
other for incremental production, versus a co-mingled tax.                                                                      
                                                                                                                                
MR. BILBAO replied that it's  helpful to industry when the system                                                               
is simple.  Right now it's not  simple and takes a  lot of effort                                                               
to implement and administer. It  doesn't help the decision making                                                               
process. Secondly, the  fields they operate are  expensive and to                                                               
try  to  distinguish  one  from the  other  would  be  difficult.                                                               
Everyone has said the goal is  to increase production in TAPS and                                                               
to do  that the change will  have to be meaningful;  it will also                                                               
have  to be  simple  so  they can  implement  it. And  bracketing                                                               
around  progressivity is  the meaningful  change that  will focus                                                               
the conversation around investment decisions.                                                                                   
                                                                                                                                
SENATOR  STEDMAN asked  if he  heard Mr.  Bilbao say  BP is  more                                                               
interested  in a  co-mingled tax  structure versus  targeting the                                                               
incremental production  with a  lower tax  rate (that  would help                                                               
alleviate the higher costs of production).                                                                                      
                                                                                                                                
MR.  BILBAO  replied that  they  hadn't  modeled one  versus  the                                                               
other,  but  basically  the  fiscal  policy  has  to  incentivize                                                               
investment  broadly. He  didn't  think creating  two tiers  would                                                               
affect the  decision-making process.  He explained that  BP looks                                                               
at  a project's  economics and  how it  sits on  top of  the base                                                               
business. Both have to be  healthy and distinguishing between the                                                               
two may not help the conversation.                                                                                              
                                                                                                                                
3:52:15 PM                                                                                                                    
SENATOR WIELECHOWSKI said he has heard  many times that HB 110 is                                                               
the  only bill  for which  industry has  offered a  commitment to                                                               
invest and he wanted to know what the commitments were.                                                                         
                                                                                                                                
MR. BILBAO responded that over the  last few months the BP Alaska                                                               
president  has stated  publicly with  a meaningful  shift in  tax                                                               
policy  they  "would  support progressing  $5  billion  of  gross                                                               
incremental spend on  the North Slope" on top of  the large level                                                               
of investment activity that is  already ongoing. He said it takes                                                               
a "significant amount of effort" to  get at the 6 percent decline                                                               
that the state is experiencing today.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI asked if this is just a BP commitment.                                                                     
                                                                                                                                
MR. BILBAO  answered this is  a gross investment  commitment that                                                               
both  BP and  ConocoPhillips have  spoken  to publicly.  BP is  a                                                               
minority owner at Prudhoe Bay so  they need to make sure they are                                                               
aligned with their  other working interest owners.  BP has talked                                                               
about  the  I-pad  project, Sag  redevelopment,  and  incremental                                                               
drilling   at  both   greater  Prudhoe   Bay   and  Kuparuk   and                                                               
ConocoPhillips would share with them  later what they have stated                                                               
publicly.  ConocoPhillips is  operator for  the eastern/northeast                                                               
West  Sak project  which BP  would  support in  the right  fiscal                                                               
environment. That  would take up  the total $5 billion  they have                                                               
been talking about.                                                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI  asked how much  of the $5 billion  would go                                                               
for the I-pad project.                                                                                                          
                                                                                                                                
MR. BILBAO replied the total of  the four projects equals over $5                                                               
billion with  each project being  in a  range of numbers,  and he                                                               
would provide those ranges as a follow up to this testimony.                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  said he  is trying  to understand  what the                                                               
state will  get for its tax  break and asked what  period of time                                                               
the $5 billion is invested over.                                                                                                
                                                                                                                                
MR. BILBAO replied incremental drilling  in the next year or two,                                                               
but it would  take "at least six years plus"  before getting into                                                               
the bulk of  that spend. It depends on how  the specific projects                                                               
mature with the resources available.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  asked if they have  spoken with ExxonMobil,                                                               
the other partner, about doing this.                                                                                            
                                                                                                                                
MR. BILBAO clarified  that spending the $5 billion  would be over                                                               
at least 6 years and it could take  as long as 10. "These are big                                                               
complex  projects" with  technological and  efficiency challenges                                                               
as well as the state's challenge.                                                                                               
                                                                                                                                
CO-CHAIR  PASKVAN asked  if  Alaskans  should anticipate  further                                                               
investments  after  these  identified  projects.  Will  there  be                                                               
another $5 billion or $10 billion more?                                                                                         
                                                                                                                                
MR. BILBAO  replied yes; this  would be  a first phase.  He added                                                               
that  Alaska  struggles  to compete  for  incremental  investment                                                               
opportunities when BP discusses its global opportunity sets.                                                                    
                                                                                                                                
4:00:05 PM                                                                                                                    
CO-CHAIR   PASKVAN  asked   if   he   believed  another   400,000                                                               
incremental barrels of  oil from state land will  be derived from                                                               
this $5 billion investment in the next 10 years.                                                                                
                                                                                                                                
MR. BILBAO  replied he didn't  want to set a  specific production                                                               
target of 10 years for those  projects and it would probably take                                                               
more than just the $5 billion  to reach that level. However, with                                                               
meaningful changes  to ACES -  bracketing around  progressivity -                                                               
other projects would materially stem the decline.                                                                               
                                                                                                                                
CO-CHAIR PASKVAN  asked when he  uses the term  "material offset"                                                               
is that just within the hyperbolic rate of decline.                                                                             
                                                                                                                                
MR.  BILBAO replied  that the  investment made  today could  move                                                               
production  from what  could be  a 15  percent decline  to the  6                                                               
percent  decline.  He  said  it  takes  a  tremendous  amount  of                                                               
investment to  get to the 6  percent and that it  would take "big                                                               
material projects" to  get beyond that. "Five billion  is a first                                                               
phase of  what those could be,  but that will only  happen if the                                                               
tax policy  that is  in place  enables them  to happen  and makes                                                               
Alaska competitive with other opportunities around the world."                                                                  
                                                                                                                                
CO-CHAIR WAGONER said if the  legislature would vote to give back                                                               
the state's  take on progressivity  and goes with the  tax breaks                                                               
in  HB 110  or  Amendments  B.4 and  B.5,  that  amounts to  $1.5                                                               
billion less  per year  to the  state and  Mr. Bilbao  is talking                                                               
about a $5  billion spend in six  years. In six years  a total of                                                               
$9 billion  would be credited back  to the oil companies  by this                                                               
give on progressivity and in 10  years they would get $15 billion                                                               
credited back. He  asked in light of this  information, "Whose $5                                                               
billion are  we talking about  investing to bring  these projects                                                               
on  line?"  He said  the  state  hasn't gained  a  lot  if BP  is                                                               
figuring  on  using  the  $5   billion  the  state  gives  up  in                                                               
progressivity to invest as its $5 billion.                                                                                      
                                                                                                                                
MR. BILBAO  answered that the  $5 billion of  project investments                                                               
is  a first  phase and  there  will be  more opportunities  after                                                               
that. This  is a  transition point to  another new  business like                                                               
Prudhoe  Bay was  and a  lot of  cash is  needed. BP  has already                                                               
renewed  its  infrastructure  over  the  last  several  years  to                                                               
facilitate 30 more years of production.                                                                                         
                                                                                                                                
4:04:38 PM                                                                                                                    
SENATOR  FRENCH remarked  that Senator  Wagoner  had pointed  out                                                               
some of  the math problems that  have beset the committee  and to                                                               
be fair the  state would have to actually push  $9 billion across                                                               
the  table to  get $6  billion in  tax breaks  to the  companies,                                                               
because of the federal income  tax effect. His question went back                                                               
to Senator  Wielechowski's question about the  role of ExxonMobil                                                               
in this  investment scheme  and asked if  he had  discussed these                                                               
projects with ExxonMobil  and if they are contributing  to the $5                                                               
billion.                                                                                                                        
                                                                                                                                
MR. BILBAO  replied that they  have discussed these  projects and                                                               
others   and   that  they   regularly   discuss   a  "hopper   of                                                               
opportunities"   with  their   working  interest   owners.  Those                                                               
conversations involve economics and  the technical and efficiency                                                               
challenges,  and  they  help  the  companies  stay  aligned.  But                                                               
Senator  French would  have to  ask that  question of  ExxonMobil                                                               
directly.                                                                                                                       
                                                                                                                                
SENATOR  FRENCH  said  to  be  clear as  far  as  Mr.  Bilbao  is                                                               
concerned,  the $5  billion  is what  BP  and ConocoPhillips  are                                                               
putting forward; it doesn't include anything from ExxonMobil.                                                                   
                                                                                                                                
MR.  BILBAO replied  that he  couldn't speak  for ConocoPhillips,                                                               
but  he  could   say  that  conversations  they   have  had  with                                                               
ConocoPhillips are around the same set of projects.                                                                             
                                                                                                                                
SENATOR  FRENCH  rephrased his  question  and  asked if  that  $5                                                               
billion is a combined spend between the two companies.                                                                          
                                                                                                                                
MR. BILBAO answered yes.                                                                                                        
                                                                                                                                
SENATOR FRENCH asked what percent  of ownership ExxonMobil has at                                                               
Prudhoe Bay.                                                                                                                    
                                                                                                                                
4:07:44 PM                                                                                                                    
MR. BILBAO  said he wanted  to correct his previous  statement to                                                               
be very clear: the $5 billion  is the total gross spend and would                                                               
include  ExxonMobil. The  $5 billion  is the  total estimate  for                                                               
those    four   investment    opportunities.    They   are    not                                                               
differentiating who would  pay for what amount.  They are talking                                                               
about  what  level of  investment  ultimately  would benefit  the                                                               
state of Alaska with meaningful tax change.                                                                                     
                                                                                                                                
SENATOR FRENCH said that Mr. Bilbao  is also telling him to check                                                               
with Exxon as to their position on this.                                                                                        
                                                                                                                                
MR. BILBAO replied that he was  saying that only Exxon could tell                                                               
them  specifically whether  and when  they are  prepared to  move                                                               
forward with those projects. He couldn't speak on their behalf.                                                                 
                                                                                                                                
SENATOR FRENCH asked how much of Prudhoe Bay ExxonMobil owns.                                                                   
                                                                                                                                
MR.  BILBAO replied  approximately 35  percent, roughly  the same                                                               
amount as ConocoPhillips. BP owns approximately 26 percent.                                                                     
                                                                                                                                
SENATOR  FRENCH remarked  that no  single company  is a  majority                                                               
owner.                                                                                                                          
                                                                                                                                
MR.   BILBAO  replied   he  could   answer  that   question,  but                                                               
fundamentally  the way  the operating  agreement for  Prudhoe Bay                                                               
works  is  it  requires  the  three  parties  to  agree  to  move                                                               
something forward.                                                                                                              
                                                                                                                                
SENATOR FRENCH said  that is the point he was  getting at. He had                                                               
lunch  with  Jeff Lowenfels  who  is  absolutely focused  on  the                                                               
Prudhoe  Bay operating  agreement  as being  the single  document                                                               
that people  have to understand to  "get what is going  on on the                                                               
North  Slope." Jeff  inspired  him to  get a  copy;  it's a  very                                                               
complex document eight  binders long. His understanding  of it is                                                               
that Mr. Bilbao's position is  correct; it requires the agreement                                                               
of  all three  owners to  proceed with  an investment  in Prudhoe                                                               
Bay.  That leaves  him with  a deep  fear that  BP can  pledge $5                                                               
billion, and  in all  good faith  believe it  and have  the check                                                               
ready to writeand  ExxonMobil can say, "No, we don't  like it and                                                               
we're not going to do it."                                                                                                      
                                                                                                                                
4:10:04 PM                                                                                                                    
SENATOR STEDMAN said he had  a similar concern with the operating                                                               
agreement and its  connection to the two-tiered  approach and was                                                               
struggling with how  to get a solution where  all three companies                                                               
are  comfortable. Because  it  seems like  they  would always  be                                                               
chasing  the  lowest  common denominator  for  whatever  decision                                                               
point  (and there  are multiple  ones)  they are  trying to  work                                                               
through.  If they  took care  of BP  targets, whatever  they are,                                                               
those might  not be meaningful to  ConocoPhillips and ExxonMobil.                                                               
He asked  Mr. Bilbao to  help the committee in  understanding how                                                               
they  could  find  a  solution  that would  work  for  all  three                                                               
companies.                                                                                                                      
                                                                                                                                
MR. BILBAO  said he  could only  speak on behalf  of BP,  but the                                                               
bracketing of  progressivity in HB  110 was "chinning the  bar on                                                               
meaningful  tax change,"  and  BP  looked upon  it  as a  minimum                                                               
threshold.  They should  also understand  the  way the  companies                                                               
evaluate their projects;  they do not look at  them in isolation.                                                               
It's important  that the underlying  financials are  healthy, not                                                               
just the  project he sits on  top of it. The  fiscal policy needs                                                               
to affect both  and to try to differentiate one  versus the other                                                               
misses the mark  on how that analysis takes place.  It comes down                                                               
to the  policy as a whole  needs to provide a  stable and healthy                                                               
business on top of which healthy projects can be executed.                                                                      
                                                                                                                                
SENATOR STEDMAN  said he understood  what Mr. Bilbao  was saying,                                                               
but the  committee struggles  with knowing  the details.  Even if                                                               
they get the rough idea of a  33 or 34 percent effective tax rate                                                               
at $109 in  FY13 for the overall basin by  looking at the Revenue                                                               
Source Book, BP  might be at a 5 percent  higher rate internally.                                                               
Some small  producers might have no  revenue but have $400  or so                                                               
million in credits embedded in  the system and so on. Legislators                                                               
use  roughly a-third,  a-third and  a-third,  because it's  easy.                                                               
This is why they are asking  for some guidance or help in solving                                                               
the  incremental production  question  to get  them  above the  6                                                               
percent. BP is saying the  bracketing is significant, but what he                                                               
hears is  fix the  high marginal rate,  fix the  government share                                                               
and give me a fair share of real high oil prices.                                                                               
                                                                                                                                
4:18:03 PM                                                                                                                    
MR.  BILBAO  responded  that  he   provides  a  great  amount  of                                                               
information to  the Department  of Revenue  each month  and every                                                               
quarter  and  spends  a  lot  of  time  trying  to  answer  their                                                               
questions   and  help   them  analyze   information.  From   BP's                                                               
perspective  HB 110  was  a start.  It was  chinning  the bar  on                                                               
"meaningful," but they would also like  to see a reduction in the                                                               
base rate. They look at the  upside opportunity at a higher price                                                               
versus whatever planning  price they are using and  if they don't                                                               
see  that  upside that  affects  the  way that  project  competes                                                               
globally.                                                                                                                       
                                                                                                                                
4:19:51 PM                                                                                                                    
SENATOR STEDMAN asked  if one of their concerns  is splitting the                                                               
extra increment  at $120  to $130.  He said  it's not  50/50, but                                                               
probably 80/20. Do they want  that split corrected and stabilized                                                               
so  when  they  look  forward  to a  price  spike  of  $150,  for                                                               
instance, they  would have a  good idea  of what impact  it would                                                               
have on their projects?                                                                                                         
                                                                                                                                
MR. BILBAO  replied that the  legislature's own  consultants have                                                               
said   that   the  current   tax   system   is  not   competitive                                                               
internationally. In fact yesterday, PFC  Energy said that ACES is                                                               
a system that  encourages a harvest mode not a  growth mode. That                                                               
is  representative  of  what  BP  sees  when  they  look  at  the                                                               
projects.  At $100  versus $120  they do  not see  an upside  for                                                               
moving a  project forward and  that affects the way  that project                                                               
competes with opportunities elsewhere.                                                                                          
                                                                                                                                
SENATOR STEDMAN said  one of their consultants,  Pedro van Meurs,                                                               
said that  the government share  of the tax structure  within the                                                               
legacy fields  should be capped  at around 75  percent (including                                                               
federal tax).                                                                                                                   
                                                                                                                                
MR.  BILBAO responded  that  Mr.  Van Meurs  also  said that  the                                                               
Alaska  system is  not competitive  internationally and  his cost                                                               
assumptions were very  low compared to BP's actual  costs. So, he                                                               
would expect that some of  his recommendations wouldn't "move the                                                               
needle on the way we look at our projects."                                                                                     
                                                                                                                                
4:22:32 PM                                                                                                                    
CO-CHAIR  PASKVAN recapped  that  the question  still  is who  is                                                               
doing the investment if the state lowers its tax rate.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI said  he was still trying  to understand the                                                               
promise that  the people  of Alaska are  getting in  exchange for                                                               
the  tax  break. He  asked  Mr.  Bilbao  if  he was  saying  with                                                               
absolute certainty if  they pass HB 110 they will  get $5 billion                                                               
in investment over 6 to 10 years.                                                                                               
                                                                                                                                
MR. BILBAO replied  no, but he could say if  they pass meaningful                                                               
change, like the bracketing around  progressivity in HB 110, that                                                               
they would move forward aggressively  in conversations with their                                                               
other  working  interest  owners.  They would  ramp  up  staffing                                                               
around  these  projects to  make  sure  they could  move  forward                                                               
aggressively.  But  he couldn't  speak  on  behalf of  the  other                                                               
owners other than  hold with the comments they  have already made                                                               
in  support of  some  of  these projects  under  a different  tax                                                               
environment.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  said, "So essentially we  really don't have                                                               
any promise or  commitment to develop or invest $5  billion if we                                                               
pass HB 110?"                                                                                                                   
                                                                                                                                
MR. BILBAO  replied that they  have an absolute  commitment three                                                               
years from  now if they pass  a meaningful tax change  in Alaska.                                                               
He said, "You  can bring us up before this  committee and hold us                                                               
to account if you haven't seen the progress you expect."                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  said it's his understanding  that the state                                                               
actually picks up  60 percent of the $5 billon  he is saying they                                                               
may spend over 6 or 10 years through tax credits and deductions.                                                                
                                                                                                                                
MR. BILBAO responded that their share  of the $5 billion is money                                                               
they are not spending somewhere else in the world.                                                                              
                                                                                                                                
SENATOR WIELECHOWSKI  asked, "Are you  saying $5 billion  of your                                                               
own money exclusive of state tax credits and deductions?"                                                                       
                                                                                                                                
MR. BILBAO  said they talk in  cash flow terms not  in net income                                                               
terms. So, $5 billion is $5  billion of cash gross and BP's share                                                               
of that being spent in support of those projects.                                                                               
                                                                                                                                
SENATOR STEDMAN said they can  run those calculations. But of the                                                               
$5 billion,  20 percent would  probably be available  for capital                                                               
credits and  100 percent write  off. It  digs a deeper  hole when                                                               
getting to Senator Wagoner's question of net.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI asked how many  barrels of oil they will get                                                               
from the $5 billion investment that may be made.                                                                                
                                                                                                                                
4:27:28 PM                                                                                                                    
MR. BILBAO replied that he could  only speak to the Sag and I-pad                                                               
piece and it would be range  of numbers over 200 million barrels,                                                               
and he would get that information for them.                                                                                     
                                                                                                                                
CO-CHAIR  PASKVAN asked  if they  would describe  the field  size                                                               
rather than the daily throughput.                                                                                               
                                                                                                                                
MR. BILBAO replied yes.                                                                                                         
                                                                                                                                
CO-CHAIR WAGONER  asked if that  would be a total  of recoverable                                                               
resource.                                                                                                                       
                                                                                                                                
MR. BILBAO replied yes.                                                                                                         
                                                                                                                                
4:28:29 PM                                                                                                                    
At ease from 4:28 to 4:29 p.m.                                                                                                  
                                                                                                                                
4:29:58 PM                                                                                                                    
SCOTT  JEPSEN, Vice  President, External  Affairs, ConocoPhillips                                                               
Alaska, thanked  the committee  for inviting  them to  testify on                                                               
CSSB 192(RES).  He said ConocoPhillips  believes that the  key to                                                               
making the North Slope more  attractive for capital investment is                                                               
reducing or  eliminating the progressivity element  of ACES. They                                                               
are  pleased  to  see  the committee  has  attempted  to  address                                                               
progressivity,  but  they  have  concluded that  the  changes  as                                                               
described in the CSCS 192 (RES)  are not significant and will not                                                               
improve  the investment  climate on  the North  Slope. They  have                                                               
looked  at the  other  amendments that  have  been proposed  that                                                               
address   progressivity  and   have  concluded   that  only   the                                                               
bracketing amendments  have the potential of  having any material                                                               
impact and those  were the only amendments they  would address at                                                               
this   hearing.   However,   he  assured   the   committee   that                                                               
ConocoPhillips would  want to come  back and discuss  any changes                                                               
to  the bill.   And  they  are not  in  a position  today to  say                                                               
whether  a  single provision  would  make  the North  Slope  more                                                               
attractive  for capital  investment partly  because they  need to                                                               
see what the final bill would look like.                                                                                        
                                                                                                                                
CO-CHAIR PASKVAN said  he could probably understand  the focus of                                                               
the committee's  questioning from  Mr. Bilbao's  presentation and                                                               
asked if he could address those concepts.                                                                                       
                                                                                                                                
4:32:26 PM                                                                                                                    
MR.  JEPSEN  said  the  first   slide  is  a  barrel  slide  that                                                               
demonstrates  the fact  that CSSB  192(RES)  doesn't provide  any                                                               
material change to  ACES. They used the fall  2011 Revenue Source                                                               
Book for  FY2013 with key  assumptions for federal tax  and state                                                               
income taxes  et cetera. The  bottom represented the  capital and                                                               
operating costs; the next slice  was industry share; then federal                                                               
income tax;  and Alaska's share  (royalty, severance  tax, income                                                               
tax  and property  tax). There  was some  uplift for  industry as                                                               
prices increased,  but it  paled in  comparison with  the state's                                                               
share of growth with the same  increase (about five times that of                                                               
industry).                                                                                                                      
                                                                                                                                
He said when  ConocoPhillips looks at investments  in Alaska they                                                               
look  at  the   total  risk/reward  equation  in   terms  of  the                                                               
reservoirs, the  capital risk and  the technology risk;  and they                                                               
also take  a look at a  number of economic metrics  before making                                                               
that investment  decision. Part of  that is what their  long term                                                               
cash flow  potential is going  to look like as  margins increase.                                                               
Right now  in the  State of Alaska  because of  the progressivity                                                               
element and  the impact  it has  on the  marginal tax  rate, they                                                               
can't  see  it   as  a  terribly  interesting   place  to  invest                                                               
incremental capital.  This is not  to say they  aren't investing;                                                               
they do invest  about $900 million a year. But  the key to making                                                               
Alaska more attractive  for additional investment is  going to be                                                               
to change the progressivity element of ACES.                                                                                    
                                                                                                                                
4:34:32 PM                                                                                                                    
BOB  HEINRICH, Vice  President,  Finance, ConocoPhillips  Alaska,                                                               
went to  the solid line  chart on  slide 3 that  demonstrated the                                                               
split  in cash  flow between  Alaska  and the  industry across  a                                                               
range  of  prices (using  the  most  recent Revenue  Source  Book                                                               
modeled  for  FY2013).  It showed  industry  net  (after  federal                                                               
income  tax  and  state royalty,  production  taxes,  income  and                                                               
property taxes)  under the current  ACES structure and  under the                                                               
CSSB 192 (RES) structure.                                                                                                       
                                                                                                                                
CO-CHAIR PASKVAN  said yesterday they  were shown a  $375 million                                                               
per year  reduction in production tax  at $120 barrel and  a $500                                                               
million reduction  at $130 barrel  and asked  if that gap  was in                                                               
this chart.                                                                                                                     
                                                                                                                                
MR.  JEPSEN replied  that the  previous chart  showed about  a $2                                                               
barrel  decrease  in  state  sharing  going  from  ACES  to  CSSB
192(RES) at about $125 barrel.                                                                                                  
                                                                                                                                
4:37:06 PM                                                                                                                    
MR. HEINRICH said  the numbers won't match  exactly because their                                                               
models are  done using different bases;  ConocoPhillips uses 2013                                                               
price data for  a static year and PFC's model  uses a longer term                                                               
economic basis.                                                                                                                 
                                                                                                                                
CO-CHAIR  PASKVAN  said  PFC  based   its  model  on  FY2013  DOR                                                               
estimates. That is  why he wanted to make sure  he is saying that                                                               
gap represents $375 million a year  at $120 barrel and about $500                                                               
million a year at $130.                                                                                                         
                                                                                                                                
SENATOR  STEDMAN  said   PFC  had  a  slight   oversight  in  its                                                               
calculation of  property tax  (about a  $300 million  error); and                                                               
they will rectify  that. They also used the data  off the back of                                                               
the book which is a summary  table. They may not exactly line up,                                                               
but   the   visual   representation  should   lead   to   similar                                                               
conclusions.                                                                                                                    
                                                                                                                                
MR. HEINRICH said  at the $120 price range  their calculation was                                                               
more in the $250 million impact range.                                                                                          
                                                                                                                                
MR. JEPSEN said  it's really hard to read the  chart, but a rough                                                               
calculation  shows a  $2/barrel difference  in the  state's share                                                               
between  CSSB  192(RES) and  ACES  which  amounts to  about  $350                                                               
million at $125 barrel in that particular year.                                                                                 
                                                                                                                                
4:39:05 PM                                                                                                                    
MR. HEINRICH said  industry's share remains flat over  a range of                                                               
prices  while Alaska's  share increases  more dramatically  under                                                               
ACES;  CSSB  192(RES)  doesn't  make  a  material  difference  in                                                               
creating a  robust investment climate.  The next chart  (slide 4)                                                               
represented  the split  under  ACES  excluding the  progressivity                                                               
feature,  the  one  aspect  of  ACES that  makes  Alaska  a  less                                                               
desirable area  for investment  in their  eyes. He  observed that                                                               
what it showed  was across the range of prices  Alaska receives a                                                               
higher  portion of  cash  flow than  industry  does even  without                                                               
progressivity.                                                                                                                  
                                                                                                                                
4:40:26 PM                                                                                                                    
SENATOR  STEDMAN  said  he  didn't   blame  them  for  asking  to                                                               
eliminate progressivity, but  it would put the state  in the same                                                               
position ConocoPhillips  is in  today and  said, "We  wouldn't be                                                               
very  happy." He  did a  quick calculation  before coming  to the                                                               
meeting  taking  out  progressivity, and  the  average  aggregate                                                               
overall  effect to  the treasury  would be  an effective  rate of                                                               
about 17.5  percent. Under ELF  back in  80s the rate  would have                                                               
been somewhere  in the  high teens  and low 20s  and he  said, "I                                                               
think we were  squealing back then." He understood  the desire to                                                               
head in that direction, but it  wasn't likely that they would end                                                               
up there - but maybe somewhere in the middle.                                                                                   
                                                                                                                                
MR.  JEPSEN said  they understand,  too, but  wanted to  make the                                                               
point  that   even  without   progressivity  the   state's  share                                                               
increases  with the  oil  price and  it's  actually greater  than                                                               
industry's share.                                                                                                               
                                                                                                                                
SENATOR STEDMAN said  the state has the impact of  credits on top                                                               
of  an effective  tax rate  of 25  percent, and  if you  take out                                                               
progressivity it  would be  a very  attractive fiscal  system for                                                               
the big three.                                                                                                                  
                                                                                                                                
4:42:55 PM                                                                                                                    
MR. HEINRICH said that is part  of the challenge in analyzing one                                                               
moving  part of  many;  the  credits are  another  lever in  that                                                               
equation. He  moved on to  slide 5  that adds Amendments  B.8 and                                                               
B.18, which reduce the cap  of the existing progressivity element                                                               
from 50 percent to 35 percent  and (B.18) inserts and adjusts the                                                               
trigger points. He said there are  caps past the $200 barrel mark                                                               
that come into play, but they  are well outside of this analysis.                                                               
And the  $100 to $150 price  range is where they  think they will                                                               
be working for some time.                                                                                                       
                                                                                                                                
4:44:17 PM                                                                                                                    
SENATOR STEDMAN  asked him  to explain  what Amendments  B.18 and                                                               
B.8 mean.                                                                                                                       
                                                                                                                                
MR. HEINRICH replied that the current  ACES has a base rate of 25                                                               
percent and a  progressivity add-on of 50  percent; Amendment B.8                                                               
would cap that [50 percent] at 35  percent for a total rate of 60                                                               
percent. B.18  reduces the second trigger  point of progressivity                                                               
where the  rate goes from  .4 percent  to .1 percent  from $92.50                                                               
PTV to $67.50 (changing the slope of the increase).                                                                             
                                                                                                                                
4:45:26 PM                                                                                                                    
MR. HEINRICH said amendments B.4 and  B.5 (slide 6) relate to the                                                               
bracketed structure,  the approach  that provides for  higher tax                                                               
rates on  an incremental income basis  so as the price  rises the                                                               
higher tax  rate applies to  only the incremental income  and not                                                               
the  entire income  stream -  how the  federal income  tax system                                                               
works for a personal return.  It indicated a more equitable split                                                               
as  prices rise  and  a material  enough change  to  result in  a                                                               
measurable change in investment activity.                                                                                       
                                                                                                                                
CO-CHAIR PASKVAN  said PFC indicated a  $3 billion/year reduction                                                               
in production tax at the $150  barrel range and asked if that was                                                               
accurate.                                                                                                                       
                                                                                                                                
MR. JEPSEN  said that  range was  about right. He  said it  was a                                                               
good point, because small changes  end up being large numbers. He                                                               
pointed out that  if this change makes Alaska a  better place for                                                               
capital investment,  the $5 billion  is just the leading  edge of                                                               
investment by not  just the big three but  more outside companies                                                               
coming in. It has happened in  Canada and other places around the                                                               
world. This is  a snapshot in time and doesn't  take into account                                                               
the fact  there might  be increased  production if  the severance                                                               
tax  is lowered  or that  new reserves  would mean  more property                                                               
taxes and  more jobs. This  is just  a potential outcome  that is                                                               
sensitive to one point in time.                                                                                                 
                                                                                                                                
CO-CHAIR PASKVAN said  he understood that, but  people are trying                                                               
to comprehend  if it's $2  billion or $3  billion a year  and how                                                               
that  compares  to  the  $5 billion  investment  over  a  10-year                                                               
period. Even  assuming the $5  billion is actually  invested over                                                               
the  next 10  years, he  asked if  there will  be any  throughput                                                               
above 600,000 barrels or would  that investment just continue the                                                               
decline curve at a lesser slope.                                                                                                
                                                                                                                                
MR. JEPSEN replied  that was difficult to  answer, because people                                                               
don't know  the entire suite  of projects that  would materialize                                                               
if ACES  is changed  significantly. ConocoPhillips  has a  lot of                                                               
geologists,  engineers and  geophysicists and  it's their  job to                                                               
come up  with new  projects; projects are  sitting in  line right                                                               
now  that  are  challenged  by   ACES.  ConocoPhillips  is  doing                                                               
projects now  that they never  envisioned doing 20 years  ago and                                                               
industry as a whole is spending $2  billion a year now just as it                                                               
is. At this  point in time a  lot of these decisions  are made at                                                               
the  board level  and he  fully believed  other projects  are out                                                               
there that will be identified.                                                                                                  
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if none  of those  projects will  go                                                               
forward over  the next 10 years  unless a bill similar  to HB 110                                                               
is passed.                                                                                                                      
                                                                                                                                
MR.  JEPSEN  replied that  some  portion  of these  projects  may                                                               
actually get  done, but the  real challenge is the  pace. Eastern                                                               
northeast West  Sak is a  project that  is challenged by  ACES as                                                               
well as from a technical recovery point of view.                                                                                
                                                                                                                                
CO-CHAIR PASKVAN asked his thoughts  on viscous heavy oil and new                                                               
production versus the legacy fields.                                                                                            
                                                                                                                                
MR. JEPSEN replied  that today's production is based  on the tens                                                               
of  billions of  past  investment when  the  tax environment  was                                                               
quite a  bit lower. Trying  to isolate old versus  new production                                                               
is  fraught with  all kinds  of technical  problems and  he could                                                               
envision all  kinds of discussions  about where to draw  the line                                                               
and how  expenses get allocated.  ConocoPhillips is  developing a                                                               
new  oil  field  as  he  speaks inside  Kuparuk  in  the  Kuparuk                                                               
reservoir  using 3D  seismic to  identify  specific fault  blocks                                                               
which  they cannot  reach using  conventional drilling.  They are                                                               
drilling horizontal  wells to  hit those  fault blocks,  and this                                                               
for all practical purposes is new oil.                                                                                          
                                                                                                                                
4:54:20 PM                                                                                                                    
CO-CHAIR  PASKVAN said  maybe they  could  change the  definition                                                               
slightly from "new" to "incremental."                                                                                           
                                                                                                                                
MR. HEINRICH said  he looked at a couple of  amendments that were                                                               
attempting to  target incremental oil,  but they didn't  move the                                                               
needle.                                                                                                                         
                                                                                                                                
4:55:15 PM                                                                                                                    
MR. JEPSEN  said he wanted  to finish his  presentation comparing                                                               
B.5 bracketing with  ACES (slide 7). It showed  the state's share                                                               
goes  up   2  times  between  $100/barrel   and  $150/barrel  and                                                               
industry's  share  goes  up  about   1.4  times.  This  would  be                                                               
sufficient  to attract  additional  capital  investment into  the                                                               
state, but  it would have  to be looked  at with the  entirety of                                                               
everything else that comes out.                                                                                                 
                                                                                                                                
4:56:12 PM                                                                                                                    
MR.  JEPSEN summarized  that bracketing  is not  the only  way; a                                                               
bigger change  could be made  in progressivity. The cap  could be                                                               
decreased  or progressivity  reduced.  They  hadn't talked  about                                                               
inflation indexing  progressivity at trigger points  and that has                                                               
the  potential  to  provide  more  durability  because  inflation                                                               
wouldn't creep  up on  you and  change what  was intended  by the                                                               
brackets or trigger points.                                                                                                     
                                                                                                                                
He  reiterated that  CSSB 192(RES)  as  currently proposed  won't                                                               
change the investment  climate, but they are  encouraged that the                                                               
committee is looking at progressivity  and look forward to having                                                               
the dialogue.                                                                                                                   
                                                                                                                                
4:57:40 PM                                                                                                                    
CO-CHAIR  PASKVAN  said  one  interesting  presentation  was  the                                                               
analysis under both  a low cost and a high  cost development, and                                                               
because it's  hard to  use the  homogenized look  he asked  if he                                                               
could talk about any specific project.                                                                                          
                                                                                                                                
MR.  JEPSEN replied  that as  soon as  a project  is executed  it                                                               
becomes a part of the  portfolio; it's not independent and that's                                                               
how they look at it.                                                                                                            
                                                                                                                                
CO-CHAIR  PASKVAN said  he  was trying  to  focus on  incremental                                                               
production   which   would    be   ConocoPhillips's   high   cost                                                               
development. Better  numbers would give  them an idea of  what it                                                               
would take on incremental production to move the needle.                                                                        
                                                                                                                                
SENATOR  STEDMAN  said  several  years ago  Kuparuk  had  a  zero                                                               
severance tax and asked why there wasn't a big build out then.                                                                  
                                                                                                                                
MR.  JEPSEN  replied  in 1998  to  the  mid-2000s  ConocoPhillips                                                               
brought  on the  first viscous  oil projects  at 1C  and 1B;  the                                                               
Tabasco oil  field, the Tarn field,  Melt Water, West Sak  1B, 1E                                                               
and  1J; in  the Prudhoe  Bay  area: the  Midnight Sun,  Polaris,                                                               
Aurora, Borealis,  and Orion were  brought on stream;  and Alpine                                                               
was brought  on stream  as were the  Fjord and  Nanuq satellites.                                                               
ConocoPhillips was "on  fire" and they are  still investing. They                                                               
have done  a tremendous amount  to offset the base  field decline                                                               
plus  bringing other  fields on  stream. The  main fields  aren't                                                               
declining at the same rate and  there is a good chance they could                                                               
turn the corner now with a good investment climate.                                                                             
                                                                                                                                
SENATOR STEDMAN  asked where Prudhoe  Bay and Kuparuk are  on the                                                               
parabolic global curve of legacy  fields. What amount should they                                                               
be looking at in the flattening tail in barrels and in time?                                                                    
                                                                                                                                
5:02:33 PM                                                                                                                    
MR. JEPSEN asked him to clarify.                                                                                                
                                                                                                                                
SENATOR STEDMAN  said they notice a  lot of money is  being spent                                                               
to  slow the  decline  curve  and asked  about  keeping just  the                                                               
status quo.                                                                                                                     
                                                                                                                                
MR.  JEPSEN  replied he  couldn't  tell  him  at what  point  the                                                               
existing investment would flatten  out the decline. Probably some                                                               
place south of where they are now.                                                                                              
                                                                                                                                
CO-CHAIR PASKVAN observed  that decisions were made  in the early                                                               
2000s so throughput would be  where it is today, because Alaskans                                                               
have  heard it  takes 7  to 10  years to  bring a  development on                                                               
line.  That is  when the  state  had essentially  a zero  percent                                                               
production tax rate and asked his thoughts on that.                                                                             
                                                                                                                                
5:04:44 PM                                                                                                                    
MR.  JEPSEN asked  if he  remembered  the "no  decline after  99"                                                               
mantra. They  didn't succeed but  it was their intention  to make                                                               
the  investments to  flatten out  the decline  and this  is still                                                               
their intention.  "As an oil company  it is not our  intention to                                                               
ride   production  into   the  ground   if  we   think  we   have                                                               
opportunities."  Alaska   just  has  a  handicap   right  now  on                                                               
attracting investment capital to ramp up their activities.                                                                      
                                                                                                                                
MR. HEINRICH  said they did  work last  year around CAPEX  in the                                                               
earlier 2000  timeframe versus today  and by trying  to normalize                                                               
those costs to today's dollars  (comparing apples to apples) they                                                               
actually  spent significantly  more  on an  average basis  during                                                               
that timeframe than in the last three or four years.                                                                            
                                                                                                                                
CO-CHAIR  PASKVAN  asked  if  Alaskans should  expect  to  see  1                                                               
million barrels a  day from state lands in  conventional oil with                                                               
the $5 billion investment over the next 10 years.                                                                               
                                                                                                                                
MR. JEPSEN asked from the projects that have been identified.                                                                   
                                                                                                                                
CO-CHAIR PASKVAN said yes.                                                                                                      
                                                                                                                                
MR.  JEPSEN  said  the  1  million   barrels  a  day  is  a  good                                                               
aspirational goal, but  he didn't think they could  get there. It                                                               
would probably  take some other  types of technologies  than what                                                               
is in the state  right now. He hoped shale oil  pans out and that                                                               
Great Bear plus  some offshore help. State  lands have potential,                                                               
but he  didn't know where they  would see the upside  in terms of                                                               
getting to that 1 million barrels a day.                                                                                        
                                                                                                                                
5:07:09 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  they heard  the $5  billion potential                                                               
investment over 6  to 10 years may get us  200 million barrels of                                                               
recoverable oil and  asked how many barrels per  day that equates                                                               
to. About 20,000 barrels?                                                                                                       
                                                                                                                                
MR. JEPSEN replied that it is  difficult to project the future on                                                               
a lot  of these projects  and he would like  to come back  with a                                                               
better estimate, but probably considerably more than that.                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI asked  what  a  typical 200-million  barrel                                                               
field generates per day.                                                                                                        
                                                                                                                                
MR.  JEPSEN  replied there  is  no  typical production  rate.  It                                                               
depends  upon reservoir  quality, the  quality of  the oil,  what                                                               
kinds of completions are used and the pressure of the reservoir.                                                                
                                                                                                                                
CO-CHAIR PASKVAN expressed appreciation  for the presentation and                                                               
comments, and held SB 192 in committee.                                                                                         

Document Name Date/Time Subjects
ASRC testimony on SB192 (2).pdf SRES 3/1/2012 3:30:00 PM
SB 192
Pioneer Natural Resources testimony on SB192b revised 22912 (3).pdf SRES 3/1/2012 3:30:00 PM
SB 192
BP_CSSB 192_ SRES_03-01-2012.pdf SRES 3/1/2012 3:30:00 PM
SB 192
ExxonMobile Letter to Senate Resources re CSSB 192_03-01-12.pdf SRES 3/1/2012 3:30:00 PM
SB 192
ConocoPhillips CS SB192 Senate Resources 03-01-12 Testimony.pdf SRES 3/1/2012 3:30:00 PM
SB 192