Legislature(2011 - 2012)BUTROVICH 205

03/26/2012 03:30 PM Senate RESOURCES


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Audio Topic
03:33:45 PM Start
03:35:19 PM Presentation by Chrystia Chudczak, Assistant Commissioner, Canadian Federal Northern Pipeline Agency
04:05:16 PM SB215
04:37:32 PM SB209
04:55:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Chrystia Chudczak, Asst. TELECONFERENCED
Commissioner, Canada's Federal Northern Pipeline
Agency
+= SB 215 GASLINE DEV. CORP: IN-STATE GAS PIPELINE TELECONFERENCED
Heard & Held
+= SB 209 DEVELOPMENT PLANS FOR OIL & GAS LEASES TELECONFERENCED
Heard & Held
<Public Testimony>
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 209-DEVELOPMENT PLANS FOR OIL & GAS LEASES                                                                      
                                                                                                                                
4:37:32 PM                                                                                                                    
CO-CHAIR PASKVAN announced the consideration  of SB 209. He asked                                                               
Senator Wielechowski if he had  any comments before the committee                                                               
heard the invited testimony.                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI said  he did  not have  additional comments                                                               
but he had received a lot of favorable feedback on the bill.                                                                    
                                                                                                                                
4:38:37 PM                                                                                                                    
ARA MORIARTY, Executive Director,  Alaska Oil and Gas Association                                                               
(AOGA),  is  a business  trade  association  to foster  long-term                                                               
viability of  oil and gas  industry. AOGA hold active  leases for                                                               
more than  1.2 million acres of  state land. They do  not support                                                               
SB 209. She gave the following comments:                                                                                        
                                                                                                                                
          COMMENTS OF THE ALASKA OIL & GAS ASSOCIATION                                                                          
                           ON SB 209                                                                                            
                   SENATE RESOURCES COMMITTEE                                                                                   
                         MARCH 26, 2012                                                                                         
                                                                                                                                
     Co-Chairmen  Paskvan   and  Wagoner,  Members   of  the                                                                    
     Committee: good  afternoon. For the record,  my name is                                                                    
     Kara  Moriarty and  I'm the  Executive Director  of the                                                                    
     Alaska Oil  and Gas  Association (AOGA). Thank  you for                                                                    
     the  invitation and  opportunity to  testify on  Senate                                                                    
     Bill 209.                                                                                                                  
                                                                                                                                
     AOGA is  a business trade association  whose mission is                                                                    
     to foster  the long-term viability  of the oil  and gas                                                                    
     industry  for  the  benefit of  all  Alaskans.  Our  16                                                                    
     member  companies represent  the breadth  and scope  of                                                                    
     the industry  in Alaska, and have  interests all across                                                                    
     Alaska, both onshore and offshore.                                                                                         
                                                                                                                                
     As  I've   mentioned  in  previous   testimony,  AOGA's                                                                    
     members hold  active leases for  more than  1.2 million                                                                    
     acres of state land.                                                                                                       
                                                                                                                                
     AOGA does  not support Senate  Bill 209. This  bill was                                                                    
     described as being a  "pro-development bill that simply                                                                    
     seeks   to  get   more  oil   in   the  pipeline."   We                                                                    
     respectfully and  emphatically disagree. We  think this                                                                    
     bill would  do the exact opposite  and kill development                                                                    
     before it  even has  a chance  of happening  because it                                                                    
     will have a  chilling effect on the very  first step in                                                                    
     the development process, the leasing program.                                                                              
                                                                                                                                
4:40:26 PM                                                                                                                    
     The current  leasing system in  Alaska is  an "auction"                                                                    
     system that is  used on State land and is  also used on                                                                    
     federal lands  in the Gulf of  Mexico, offshore Alaska,                                                                    
     and the  National Petroleum Reserve. For  state leases,                                                                    
     the  areas offered  are quite  small. By  law, a  lease                                                                    
     cannot be  more than  5,760 acres,  or 9  square miles.                                                                    
     The bid variable  for the "auction" is  almost always a                                                                    
     cash bonus. The bonus  is calculated by multiplying the                                                                    
     number of dollars  per acre bid by the  number of acres                                                                    
     contained in the lease. Whoever  bids the most for each                                                                    
     lease  wins the  exclusive  rights to  explore on  that                                                                    
     lease for  the term of  the lease. Every  activity that                                                                    
     is  carried  out  on the  lease  requires  permits.  No                                                                    
     permits are  granted, or lately  even guaranteed,  as a                                                                    
     result of the bidding process.                                                                                             
                                                                                                                                
     This bill  seems to shift  the current  leasing program                                                                    
     into a licensing program. Licensing  is used around the                                                                    
     world   and  comes   in   many  different   variations.                                                                    
     Typically VERY  large areas of land  are made available                                                                    
     to  be licensed  by competing  companies. The  licenses                                                                    
     Senate  Resources Committee  Page  2 SB  209 March  26,                                                                    
     2012  are often  awarded based  on the  work commitment                                                                    
     made. Typically there  is no cash bonus.  The winner is                                                                    
     determined  by how  much work,  and often  the kind  of                                                                    
     work,  the   potential  licensee  is  willing   to  do.                                                                    
     Licenses  are awarded  for only  very  large tracts  of                                                                    
     land,  and the  jurisdiction  usually provides  seismic                                                                    
     information  and   awards  permits   in  a   much  more                                                                    
     expedient manner versus Alaska  where state and federal                                                                    
     permits take years, not months.                                                                                            
                                                                                                                                
4:42:30 PM                                                                                                                    
     Alaska  has  had  a   licensing  program  for  frontier                                                                    
     exploration  areas for  almost 20  years. Licenses  are                                                                    
     available  for up  to  500,000 acres  of  land and  are                                                                    
     based on a  work commitment and there is  no bonus bid.                                                                    
     It  is  important  to  note,  that  the  current  state                                                                    
     licensing   program  is   and  was   created  for   the                                                                    
     exploration basins, not the  producing provinces, so it                                                                    
     is  current statute  that licensing  cannot be  used in                                                                    
     the Cook  Inlet or  on most areas  of the  North Slope.                                                                    
     When   the  current   area-wide  leasing   program  was                                                                    
     established,  it  was   clear  the  administration  and                                                                    
     legislature at the time saw  the need for both systems,                                                                    
     and the legislature  did not want to give  up the bonus                                                                    
     bids  in those  areas. In  fact, the  state's area-wide                                                                    
     leasing  program is  one  of the  few  bright spots  of                                                                    
     doing business in Alaska from  an oil and gas company's                                                                    
     perspective,  because  our  current  area-wide  leasing                                                                    
     program  is  very  consistent.   SB  209  would  create                                                                    
     administrative  burdens  that  will  likely  alter  the                                                                    
     certainty   for   timing    and   awarding   of   bids.                                                                    
     Additionally, a  number of  licenses have  been awarded                                                                    
     and  wells  have  been  drilled  in  these  exploration                                                                    
     frontier basins,  but it is  crucial to point  out that                                                                    
     no production has yet resulted from a license.                                                                             
                                                                                                                                
     As I  mentioned, licensing involves very  large swathes                                                                    
     of  land.  In  doing  some research,  we  evaluated  an                                                                    
     upcoming  licensing  round  in  Greenland,  the  entire                                                                    
     licensing area  is about 50,000 square  kilometers. The                                                                    
     individual licenses will be  available within that area                                                                    
     range  from   420,000  acres   to  940,000   acres.  By                                                                    
     comparison,  the  entire  Prudhoe Bay  field  is  about                                                                    
     215,000 acres.  So, the  smallest license  available is                                                                    
     about  twice  the  size  of   the  entire  Prudhoe  Bay                                                                    
     oilfield. Additionally, the  smallest license available                                                                    
     would contain about 72 state leases.                                                                                       
                                                                                                                                
     If  the  state  wants  to turn  our  current  area-wide                                                                    
     leasing  program into  a  licensing  program, then  the                                                                    
     state  should  evaluate  all   facets  of  a  licensing                                                                    
     program,   such   as   providing  much   more   seismic                                                                    
     information  up  front  and expediting  the  permitting                                                                    
     process.                                                                                                                   
                                                                                                                                
4:45:01 PM                                                                                                                    
     In  evaluating  this last  lease  sale  on December  7,                                                                    
     2011,  the  state received  over  $14  million in  high                                                                    
     bonus  bids  and leased  almost  335,000  acres in  178                                                                    
     different  tracts  of  land.  Two  currently  producing                                                                    
     companies participated  in this sale;  long-time Alaska                                                                    
     company  ConocoPhillips won  34 tracts  and one  of the                                                                    
     state's smallest producers,  Pioneer Natural Resources,                                                                    
     submitted  one bid,  which it  obtained for  one tract.                                                                    
     The  other  companies  that  participated  were  Royale                                                                    
     Energy,  Great Bear  Petroleum, Repsol,  70th &  148 (a                                                                    
     division   of  Armstrong   Oil   and  Gas),   Woodstone                                                                    
     Resources,  Savant Alaska,  Alaska LLC  and individuals                                                                    
     such as  Dan Donkel,  Samuel Cade, Paul  Gavora, Andrew                                                                    
     Bachner and Keith Forsgren.                                                                                                
                                                                                                                                
     I  think it  is important  to note,  that the  two most                                                                    
     recent producing fields,  Oooguruk and Nikaitchuq, were                                                                    
     leases  originally obtained  by  one  of these  smaller                                                                    
     companies  and were  eventually  sold and/or  partnered                                                                    
     with a  producing company to explore  and produce these                                                                    
     leases.                                                                                                                    
                                                                                                                                
     Following the lease sale  in December, the commissioner                                                                    
     of  Natural Resources,  Dan  Sullivan  stated, 'It  was                                                                    
     quite  a respectable  showing.'  He went  onto say,  'I                                                                    
     would  say  that  there  were  some  companies  that  I                                                                    
     thought would show  up who didn't. It's  always hard to                                                                    
     know why…' Sullivan said  further, 'These (lease sales)                                                                    
     are  just the  first inning  of a  long term  strategy…                                                                    
     Here is the  issue: We recognize the status  quo is not                                                                    
     working. A critical part of  our five-point plan is tax                                                                    
     reform.'                                                                                                                   
                                                                                                                                
4:47:23 PM                                                                                                                    
     Even though the  state received 219 bids  for the North                                                                    
     Slope area-wide lease sale, no  bids were submitted for                                                                    
     the same lease sale in the Foothills area.                                                                                 
                                                                                                                                
     Senate  Bill 209  says that  for each  lease a  company                                                                    
     wants to  submit a  bid for, the  bidder must  submit a                                                                    
     plan of development  for that lease. So,  for this last                                                                    
     North Slope  Area-wide lease sale, 219  individual bids                                                                    
     were received and as I  mentioned 178 tracks were sold.                                                                    
     Under this  legislation, the  above bidders  would have                                                                    
     had to  submit 219 individual plans  of development for                                                                    
     evaluation. Royale  Energy would have had  to submit 87                                                                    
     different  plans  of  development, Great  Bear  32  and                                                                    
     Repsol  26.   AOGA  finds  it  hard   to  believe  that                                                                    
     especially  these smaller  companies  or any  companies                                                                    
     would  have   the  ability  and  resources   to  submit                                                                    
     detailed  plans of  development prior  to submitting  a                                                                    
     bid for  lease. The  same concern  rings true  not only                                                                    
     for the North  Slope, but for Cook Inlet  as well. Cook                                                                    
     Inlet  is experiencing  a  resurgence  of interest  and                                                                    
     requiring a plan  of development prior to  a lease sale                                                                    
     is impractical and unnecessary.                                                                                            
                                                                                                                                
     In  addition,  this  bill would  require  companies  to                                                                    
     provide their  own interpretation  of each  lease prior                                                                    
     to  bidding and  determine how  they will  develop each                                                                    
     lease without  having the opportunity to  evaluate each                                                                    
     lease. A company  may have limited seismic  and may not                                                                    
     have access  to all the  current well data.  The bidder                                                                    
     may be  working from a  geologic concept that  can't be                                                                    
     tested until they actually have  the lease and are able                                                                    
     to  evaluate it.  That's what  exploration  is for,  to                                                                    
     test  what is  actually  there, much  in  the same  way                                                                    
     Repsol is  doing with  their leases  on state  land and                                                                    
     what Shell is  trying to do in the  offshore. A company                                                                    
     should   not   be   forced  into   making   unnecessary                                                                    
     commitments  before  it  has a  robust  opportunity  to                                                                    
     evaluate  and  understand  what the  potential  of  the                                                                    
     lease might be.                                                                                                            
                                                                                                                                
     Not one of my member  companies believes this bill will                                                                    
     result  in more  development  or put  more  oil in  the                                                                    
     pipeline.  On the  contrary,  we  believe that  forcing                                                                    
     companies to  perform this  intrusive exercise  will do                                                                    
     nothing more  than drive out the  very explorers Alaska                                                                    
     is trying to attract.                                                                                                      
                                                                                                                                
   Thank you for the opportunity to testify and I'm happy to                                                                    
     take any questions the committee may have.                                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI commented  that  maybe he  could work  with                                                               
AOGA to craft  better language, because it was not  his intent to                                                               
require plans  of development like  the ones a company  must have                                                               
in getting  a unit  approved, but  rather for  a company  to come                                                               
forward with some  minimum work commitments and  a timeframe. So,                                                               
you don't get speculators coming  in and acquiring leases to just                                                               
hold on to them with no intention of developing.                                                                                
                                                                                                                                
CO-CHAIR PASKVAN asked  her to submit written  testimony. He also                                                               
noted that the DNR Division of  Oil and Gas and Department of Law                                                               
were invited to testify.                                                                                                        
                                                                                                                                
4:52:53 PM                                                                                                                    
DAVID  STONE,   Mayor  of  Yakutat,  Yakutat,   AK,  thanked  the                                                               
committee for inviting  him to testify on SB 209.  He agreed with                                                               
developing  our resources  for the  benefit of  Alaskans, but  he                                                               
said the  state leases  are not  designed to  be a  stored value.                                                               
They are designed to be  developed. Norway's model is you develop                                                               
in  a reasonable  time or  the leases  are null  and void.  There                                                               
should never  be another Pt. Thomson  - four decades and  now the                                                               
state is  spending a fortune on  lawsuits trying to get  the land                                                               
developed. Many  small developers  want to get  on that  land and                                                               
it's being tied up by the big three.                                                                                            
                                                                                                                                
CO-CHAIR WAGONER thanked Mayor Stone for testifying.                                                                            
                                                                                                                                
CO-CHAIR PASKVAN said  that concluded today's hearing  on SB 209.                                                               
[SB 209 was held in committee.]                                                                                                 

Document Name Date/Time Subjects
Northern Pipeline Agency Canada_SEN RES_03-26-2012.pdf SRES 3/26/2012 3:30:00 PM