Legislature(2013 - 2014)BUTROVICH 205

04/02/2013 03:30 PM Senate RESOURCES


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03:31:21 PM Start
03:32:07 PM HB4
05:32:24 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 4 IN-STATE GASLINE DEVELOPMENT CORP TELECONFERENCED
Heard & Held
            HB   4-IN-STATE GASLINE DEVELOPMENT CORP                                                                        
                                                                                                                                
3:32:07 PM                                                                                                                    
CHAIR GIESSEL announced  HB 4 to be up  for consideration [CSSSHB
4(FIN), version 28-LS0021\I, was before the committee].                                                                         
                                                                                                                                
3:33:08 PM                                                                                                                    
REPRESENTATIVE  MIKE HAWKER,  Alaska  State Legislature,  Juneau,                                                               
Alaska, co-sponsor  of HB  4, thanked  the committee  members for                                                               
having the  bill before the  committee in an  expeditious manner.                                                               
He stated  that the committee  truly allowed the sponsors  a fair                                                               
and open opportunity to present HB 4.                                                                                           
                                                                                                                                
3:33:48 PM                                                                                                                    
SENATOR MICCICHE joined the committee.                                                                                          
                                                                                                                                
3:33:56 PM                                                                                                                    
REPRESENTATIVE  HAWKER  said HB  4  was  a  complex bill  and  an                                                               
important  piece of  legislation. He  said HB  4 would  provide a                                                               
very important  "box of tools" for  the state to move  forward to                                                               
see Alaska's North Slope natural  gas into the hands of Alaskans,                                                               
both in  Fairbanks and the  entire Railbelt. He stated  that once                                                               
gas was available, the limits  were only restricted by the vision                                                               
of  Alaska's entrepreneurs.  He  asserted that  Alaska could  not                                                               
realize  the  benefits from  natural  gas  until a  pipeline  was                                                               
built.                                                                                                                          
                                                                                                                                
3:35:10 PM                                                                                                                    
REPRESENTATIVE MIKE  CHENAULT, Alaska State  Legislature, Juneau,                                                               
Alaska, co-sponsor  of HB  4, thanked  the committee  members for                                                               
allowing  the bill  to come  forward. He  informed the  committee                                                               
that the upcoming presentations on  HB 4 would address the bill's                                                               
workings  and  how  it  operated. He  asserted  that  the  bill's                                                               
critical issues had  been addressed. He affirmed that HB  4 was a                                                               
"box  of tools"  and  continued  Alaska down  the  path that  the                                                               
sponsors  started a  couple years  back with  HB 369.  The Alaska                                                               
Gasline  Development  Corporation  (AGDC)  had  accomplished  the                                                               
tasks that  were put before  it and it  was not just  through the                                                               
hard work  that he  and Representative Hawker  had put  forth. He                                                               
commended  the efforts  made by  Senator McGuire  and others.  He                                                               
said the collective  vision was how to bring gas  to Alaskans. He                                                               
emphasized  that it  was important  to look  at all  aspects, but                                                               
noted  the  statutes that  were  passed  a  number of  years  ago                                                               
presented limitations and the bill was  a way to move forward. He                                                               
noted that  many attempts had  been made over  the last 30  or 40                                                               
years with  a number of  projects that  promised to bring  gas to                                                               
Alaskans  and  help drive  down  fuel  costs for  Fairbanks,  the                                                               
Railbelt, and the Kenai Peninsula.  He said HB 4 would ultimately                                                               
provide  options for  the  rest  of Alaska  and  help drive  down                                                               
exorbitant energy costs in rural Alaska.                                                                                        
                                                                                                                                
3:38:35 PM                                                                                                                    
CHAIR GIESSEL announced that the committee would stand at ease.                                                                 
                                                                                                                                
3:40:47 PM                                                                                                                    
RENA  DELBRIDGE,  staff  to Representative  Mike  Hawker,  Alaska                                                               
State  Legislature, Juneau,  Alaska,  said she  would review  the                                                               
sectional analysis for HB 4.                                                                                                    
                                                                                                                                
3:41:12 PM                                                                                                                    
CHAIR GIESSEL announced that the committee would stand at ease.                                                                 
                                                                                                                                
3:41:59 PM                                                                                                                    
MS.  DELBRIDGE  said  it  helped   to  talk  about  the  bill  by                                                               
segregating  it  into  three sections  that  related  to  certain                                                               
concepts. She explained that most  of the bill could be separated                                                               
into three areas as follows:                                                                                                    
                                                                                                                                
   1. Sections that established AGDC as a standalone state                                                                      
     corporation    that   gave    it    its   authorities    and                                                               
     responsibilities:  bonding  power,   its  mission,  and  its                                                               
     charge to  go forward.  She added that  standard boilerplate                                                               
     things were addressed that included meetings and minutes.                                                                  
   2. Sections that try to resolve regulatory uncertainties and                                                                 
     the need to know upfront  how a pipeline would be regulated.                                                               
     She said  the legislation  created a new  regulation chapter                                                               
     under  the Regulatory  Commission  of Alaska  (RCA) for  in-                                                               
     state natural gas pipeline carriers.  She explained that the                                                               
     sections  were  extensive   and  included  RCA's  regulatory                                                               
     authority. She  added that the  ability to  empower contract                                                               
     carriage was  a change  to the state's  Right-of-Way Leasing                                                               
     Act, particularly  through the covenants that  were included                                                               
     in that act relating to  common carriage. The bill would add                                                               
     the  ability to  lease with  promises  to abide  by the  new                                                               
     contract carrier  covenants. She said relating  to certainty                                                               
     and regulatory issues, judicial  review of state permitting,                                                               
     leasing,  and authorization  decisions  were addressed.  The                                                               
     sponsors believed  that reasonable  boundaries would  be put                                                               
     into  place  that  provided an  opportunity  for  Alaska  to                                                               
     challenge  decisions and  to have  their  voices heard,  but                                                               
     prohibit lawsuits  that delayed or stalled  a project during                                                               
     the sensitive pipeline construction period.                                                                                
   3. Sections that address additional ways the state could help                                                                
     facilitate  the pipeline  to keep  rates down  for Alaskans.                                                               
     Included  would be  a  waiver on  state  and local  property                                                               
     taxes during construction and to  call upon cooperation from                                                               
     other state agencies to provide priority assistance.                                                                       
                                                                                                                                
MS.  DELBRIDGE   said  she  would  proceed   with  the  sectional                                                               
analysis. Section  1 included findings  and intent  language. She                                                               
said the  section found  that an  AGDC pipeline  was in  the best                                                               
interest of  the state  and required  for the  public convenience                                                               
and necessity.  The finding came  into play through the  RCA when                                                               
they  look at  awarding a  building  permit or  a certificate  of                                                               
public  convenience  and necessity  to  a  pipeline carrier.  The                                                               
legislature's  finding and  action  in setting  AGDC  out on  the                                                               
mission supported  the finding being  made. The RCA would  not be                                                               
required to make a redundant  finding by double checking that the                                                               
legislature's intent was as intended.                                                                                           
                                                                                                                                
3:46:17 PM                                                                                                                    
She said  the findings  and intent language  also related  to the                                                               
repositioning of  AGDC from  its current  status as  a subsidiary                                                               
corporation  of the  Alaska Housing  Finance Corporation  (AHFC).                                                               
The  bill  would  move  AGDC  as  an  intact,  standalone  public                                                               
corporation  of the  state. She  explained that  it was  on legal                                                               
guidance that  the legislative  intent was  made very  clear that                                                               
AGDC would be  dissolved and reinstated. She  specified that AGDC                                                               
would  be  located  under  the  Alaska  Department  of  Commerce,                                                               
Community  and Economic  Development  (DCCED) for  administrative                                                               
purposes  only.  DCCED  would help  advance  AGDC's  mission  and                                                               
provide specific intent  that the transfer would be  treated as a                                                               
repositioning and  not as a  new entity creation. The  intent and                                                               
findings also  expressed the legislature's  will that  AGDC would                                                               
procure services,  labor, products,  and Alaskan  resources from:                                                               
Alaska   businesses,    Native   Corporations,    and   municipal                                                               
organizations when  prices were  competitive. AGDC would,  to the                                                               
extent possible, hire Alaskans,  establish hiring facilities, and                                                               
use the  existing Department of  Labor and  Workforce Development                                                               
(DLWD) systems for training.                                                                                                    
                                                                                                                                
MS. DELBRIDGE said Section 2 was  conforming as AGDC would be its                                                               
own standalone state corporation and  AHFC no longer required the                                                               
ability to create a gas pipeline subsidiary.                                                                                    
                                                                                                                                
She said  Section 3  created the  new corporation,  providing the                                                               
statutory authority  and duties.  AGDC's location in  DCCED would                                                               
be for administrative purposes only;  that clearly meant only for                                                               
the  need  to  work  a  future  potential  appropriation  request                                                               
through  DCCED.   There  would   not  be  regular   oversight  or                                                               
involvement from DCCED.  She explained that a  seven member board                                                               
of  directors  would  be  created  as  the  governing  body.  The                                                               
governor would  appoint five public  members with  specific areas                                                               
of expertise  in natural  gas pipeline  construction, operations,                                                               
marketing, finance, and large project management.                                                                               
                                                                                                                                
3:48:50 PM                                                                                                                    
She said the  remaining two board members  would be commissioners                                                               
or  heads  of  departments.  The   governor  would  decide  which                                                               
commissioner would be appointed to  the board. She explained that                                                               
as long  as the  commissioners of  revenue and  natural resources                                                               
were signatories  to a  valid contract under  AGIA, they  may not                                                               
serve. The public  board members would serve  staggered five year                                                               
terms,  require  legislative  confirmation,  be  removed  at  the                                                               
governor's pleasure,  and vacancies would  be filled in  the same                                                               
way. Board  members would receive  $400 in compensation  per day,                                                               
an amount  that was in-line  with most other  state corporations.                                                               
The board  would be  required to  meet on  a regular  basis, keep                                                               
minutes, hire an executive director,  and hire legal counsel. The                                                               
corporation's personnel would be  exempt from the State Personnel                                                               
Act. She  said the section  clearly spells out AGDC's  purpose in                                                               
advancing in-state natural gas pipelines,  as described in AGDC's                                                               
July 2011 project plan as follows:                                                                                              
                                                                                                                                
   · Making gas and associated non-oil hydrocarbons, such as                                                                    
     propane, available as soon as possible to Fairbanks,                                                                       
     Southcentral, and other communities.                                                                                       
   · Attempt to develop projects that ship and deliver gas at                                                                   
     commercially reasonable rates.                                                                                             
                                                                                                                                
She  explained that  as soon  as AGDC  was given  its powers  and                                                               
duties they could determine the following:                                                                                      
                                                                                                                                
   · Pipeline ownership and operating structure;                                                                                
   · Plan finance, ownership, and pipeline system operations;                                                                   
   · Exercise the state's existing right of eminent domain if                                                                   
     needed, only under the same terms as the state itself                                                                      
     required;                                                                                                                  
   · Transfer or dispose of assets;                                                                                             
   · Operated as a contract carrier;                                                                                            
   · Invest funds.                                                                                                              
                                                                                                                                
MS. DELBRIDGE explained  that once the initial  pipeline was laid                                                               
out in accordance to the project  plan, AGDC would be required to                                                               
analyze  additional   potential  lines   that  connect   to  more                                                               
Alaskans.  She  said  the section  required  disclosure  of  open                                                               
season results and specified the following:                                                                                     
                                                                                                                                
   · Company or entity names that signed up;                                                                                    
  · How much capacity commitment each company or entity made;                                                                   
   · Length of individual contracts.                                                                                            
                                                                                                                                
She  said  the  section  also   related  to  confidentiality  and                                                               
interagency cooperation.  Other state agencies would  assist AGDC                                                               
and give  priority, except  for requests made  under AGIA  due to                                                               
existing  prioritization.  She explained  that  AGDC  was not  to                                                               
duplicate  the state's  existing  work, another  way  to try  and                                                               
maximize  that  value that  the  state  was  getting out  of  the                                                               
gasline agency. She  said AGDC would be able  to withhold certain                                                               
information  that  it  generated  confidentially  and  treat  the                                                               
information  as an  asset  for the  state;  AGDC's tariff  model,                                                               
field  data, and  route information  would be  considered assets.                                                               
She noted that once a  pipeline was operational, the confidential                                                               
information would  need to be  disclosed as it may  benefit other                                                               
Alaskans.  She  specified  that  AGDC   would  be  able  to  sign                                                               
confidentiality  agreements with  private  entities  in order  to                                                               
conduct  commercial transactions,  negotiate shipping  terms, and                                                               
consider  potential   ownership  models.   She  noted,   per  the                                                               
governor's  request, intention  to discuss  with TransCanada  and                                                               
other companies  pursuing a large diameter  export pipeline about                                                               
the  possibilities of  project alignment.  She  said the  section                                                               
allowed AGDC to create subsidiaries,  create the in-state natural                                                               
gas pipeline fund, and direct  management. She stated that AGDC's                                                               
operating budget  would be subject  to the Executive  Budget Act,                                                               
but financing  and bonding  finances would  be exempt.  She noted                                                               
that  AGDC,  in  HB  369,  was  already  exempt  from  the  State                                                               
Procurement Code  and the legislation  would carry  the exemption                                                               
over into AGDC's  new corporate statutes. She said  AGDC would be                                                               
able to issue  bonds that were limited to their  own backing. The                                                               
faith and credit of the state may not be pledged.                                                                               
                                                                                                                                
3:52:55 PM                                                                                                                    
MS. DELBRIDGE summarized sections as follows:                                                                                   
                                                                                                                                
   · Section 4 reiterated the procurement code exemption within                                                                 
     the actual procurement code;                                                                                               
   · Sections 5 and 6 were conforming;                                                                                          
   · Section 7 included definitions;                                                                                            
   · Sections 8, 9, and 10 were all conforming and related to                                                                   
     right-of-way lease changes; those changes were made in                                                                     
     Section 11.                                                                                                                
                                                                                                                                
She explained  that there were  14 covenants within  the existing                                                               
state right-of-way  lease statute  and a lessee  had to  agree to                                                               
abide by those covenants. She detailed  that all but three of the                                                               
14 covenants  were very standard  and would carry over  to either                                                               
common or  contract carriers. She  said three covenants  had very                                                               
strong  common  carrier  language.   The  sponsors  retained  the                                                               
principal behind  the three covenants,  but removed  the language                                                               
that  required common  carriage  and  therefore enabled  contract                                                               
carriage as an alternative.                                                                                                     
                                                                                                                                
She disclosed that  Section 12 directed the  Alaska Department of                                                               
Natural Resources  (DNR) to issue  a state right-of-way  lease at                                                               
no cost  to AGDC. She explained  that AGDC currently had  a state                                                               
right-of-way lease  and was paying  the state $180,000.  The cost                                                               
could be rolled  into a tariff and the sponsors  believed the act                                                               
was another  way the state could  make sure the eventual  cost of                                                               
gas from the pipeline was as low as possible for Alaskans.                                                                      
                                                                                                                                
She summarized sections as follows:                                                                                             
                                                                                                                                
   · Section 13 limited the judicial review of state lease                                                                      
     permits and other authorizations;                                                                                          
   · Section 14 was the personal act exemption;                                                                                 
   · Section 15 subjected AGDC's officers and board to the                                                                      
     Public Official Financial Disclosure rules;                                                                                
   · Section 16 stated that if AGDC had information that was                                                                    
     allowed to keep confidential, that information was not                                                                     
     subject to release under the Public Records Act;                                                                           
   · Section 17 was conforming to the new RCA section.                                                                          
                                                                                                                                
She said Section 18 was related  to the new RCA section and acted                                                               
as an  additional backstop for  the state's public  utilities. It                                                               
would allow utilities  to be preapproved for  contracts that they                                                               
might have, not for shipment on  the pipeline, but related to. An                                                               
example would if a utility purchased  gas that was shipped on the                                                               
pipeline, or  they stored  gas and they  had contracts  for that,                                                               
they would be able to recover  those costs before they sign those                                                               
contracts, that then relate to  the contract someone shipping the                                                               
gas was paying.                                                                                                                 
                                                                                                                                
3:55:25 PM                                                                                                                    
MS. DELBRIDGE  noted that Sections  19 and 20 were  conforming to                                                               
Section 21,  which was a new  chapter of state law.  She said the                                                               
new  regulatory   framework  applied  to  in-state   natural  gas                                                               
contract  carrier   pipelines.  She  said  the   bill's  sponsors                                                               
believed that the regulatory framework  was structured to provide                                                               
appropriate  checks  and balances  to  protect  people that  sign                                                               
contracts for gas  shipped on the pipeline,  the pipeline itself,                                                               
public utilities, and Alaskan rate  payers. She detailed that the                                                               
chapter  had a  number  of boilerplate,  RCA authorizations  that                                                               
were needed in order for the RCA  to carry out the specifics as a                                                               
general overview. She  said the section would require  the RCA to                                                               
regulate and  oversee an in-state  contract carrier  gas pipeline                                                               
regarding permits,  disputes about  open season conduct  or terms                                                               
of an expansion, and gas  supply to utilities. She explained that                                                               
if a  public utility was  not receiving  the gas it  required for                                                               
some odd reason, malfunction, or  dispute where public health and                                                               
safety  was threatened,  the RCA  could step  in and  takeover to                                                               
make sure  the public utilities  get what they needed  to protect                                                               
the public. She  noted an example if Fairbanks  was not receiving                                                               
gas  in January.  She  explained that  the  section required  the                                                               
following for awarding pipeline service:                                                                                        
                                                                                                                                
   · Open seasons for awarding pipeline service;                                                                                
   · Certain elements that a carrier would need to put forth                                                                    
     when they were noticing and having an open season;                                                                         
   · Defined the three ways that someone could get pipeline                                                                     
     service: taking  the initial tariff  that the  pipeline puts                                                               
     out  that was  available to  anybody, negotiate  a rate,  or                                                               
     opting to  sign a  presubscription agreement before  an open                                                               
     season that  generates the same kind  of precedent agreement                                                               
     that undergoes RCA review;                                                                                                 
   · Carriers file an initial recourse tariff before signing                                                                    
     contracts with potential shippers;                                                                                         
   · Revisions are approved by the RCA.                                                                                         
                                                                                                                                
She  said in  dealing with  recourse tariffs,  the carrier  would                                                               
need to provide all of their cost  data to the RCA to verify that                                                               
their rates were  in fact cost based. She explained  that the RCA                                                               
would then  look to three very  key elements within the  rates as                                                               
follows:                                                                                                                        
                                                                                                                                
   · Important levers for Alaskans in conjunction with pipeline                                                                 
     tariffs;                                                                                                                   
   · Make sure that the rate of return, capital structure, and                                                                  
     depreciation method were reasonable as evidence by being                                                                   
     within a range of similar pipeline findings by the RCA or                                                                  
     Federal Energy Regulatory Commission (FERC);                                                                               
   · Weigh the risks of the pipeline.                                                                                           
                                                                                                                                
MS.  DELBRIDGE  explained  that a  new  pipeline  would  probably                                                               
generate a  higher rate of return  because it was riskier  than a                                                               
pipeline  expansion. She  summarized  that the  RCA would  review                                                               
recourse tariffs and grant approval  or denial. Ongoing revisions                                                               
would  be  appropriate once  a  pipeline  starts operations.  The                                                               
carrier would  be required to  submit their current cost  data to                                                               
the RCA  for review on a  tri-annual basis to ensure  actual cost                                                               
data was supported.                                                                                                             
                                                                                                                                
3:58:57 PM                                                                                                                    
She said  it was  highly unlikely  that a  pipeline would  earn a                                                               
rate of return in excess of  what was allowed. However, there was                                                               
nothing that  explicitly prohibited a  higher rate of  return and                                                               
some changes were  made in the House to accommodate  that. If the                                                               
pipeline was  earning a higher  rate of  return than the  RCA had                                                               
said it  could, the  excess profit  would be  required to  be put                                                               
into a segregated  operating reserve account to  help fund things                                                               
in  other years  when  operations were  not  generating what  was                                                               
needed.  The  segregated  operating   reserve  account  would  be                                                               
allowed to  grow until  it reached 20  percent of  the pipeline's                                                               
annual average  operating cost. If  extra profits  were generated                                                               
beyond what was  allowed, the money would be  used to immediately                                                               
pay down  the rates  that contractual  shippers were  paying. She                                                               
stated  that once  shippers in  an open  season were  through the                                                               
presubscription agreement  and sign a precedent  agreement, those                                                               
agreements  would go  to  the  RCA for  review.  The standard  of                                                               
review was  whether or  not those were  just and  reasonable. The                                                               
evidence of  the contract between  two willing parties  that were                                                               
unaffiliated, being  just and reasonable  was defined in HB  4 as                                                               
being at  "arm's length." The  principal was that if  two people,                                                               
two  entities were  willing to  settle  on a  fair price  amongst                                                               
them,  and there  was  no  fraud or  duress,  and  they were  not                                                               
affiliated,  then that  was a  reasonable price.  If the  parties                                                               
were affiliated, the bill required  a much deeper level of review                                                               
and extra  scrutiny. She said at  the RCA, a pipeline  would need                                                               
to  go  out  and  get  a Certificate  of  Public  Convenience  or                                                               
Necessity  (CPCN), similar  to a  building permit  for pipelines.                                                               
The  RCA  required a  CPCN  for  most infrastructures  that  they                                                               
regulated  and for  pipelines it  was an  important marker  as to                                                               
whether  or not  an applicant  had what  was needed  in place  to                                                               
provide the service that the  RCA was granting them the authority                                                               
to provide. She  said there were a few special  findings made for                                                               
an AGDC  applicant for a CPCN  in HB 4. She  reiterated Section 1                                                               
regarding findings and intent, finding  a pipeline that AGDC does                                                               
as required  by the public  convenience and necessity,  a finding                                                               
that was  typically made by  the RCA,  would be made  through the                                                               
bill for the  RCA. She asserted that the  legislature had created                                                               
AGDC  to  do  pipelines,  equipped it  with  a  strong  governing                                                               
structure, and presumably funded the  corporation to do its jobs.                                                               
She explained  that the bill  made the  finding for the  RCA that                                                               
AGDC was managerially  and financially fit, willing,  and able to                                                               
provide said  service. She summarized  that the RCA, for  an AGDC                                                               
pipeline,  would  have to  determine  the  technical fitness  and                                                               
ability of  AGDC to carry  out the  service and do  the pipeline.                                                               
For  a non-AGDC  applicant, they  would  have to  go through  the                                                               
entire findings process.                                                                                                        
                                                                                                                                
4:02:13 PM                                                                                                                    
MS. DELBRIDGE summarized sections as follows:                                                                                   
                                                                                                                                
   · Section 22 addressed property tax exemption, if AGDC owned                                                                 
     or financed any part of  a pipeline project, state and local                                                               
     property taxes would be exempt during construction.                                                                        
   · Section 23 was a rather length repealer. When HB 369                                                                       
     passed,  that   became  AS  38.34,  much   of  that  statute                                                               
     transitioned into AGDC's corporate  structure and some parts                                                               
     were  repealed. The  repealer would  also repeal  the Alaska                                                               
     Natural Gas Development Authority (ANGDA).                                                                                 
   · Section 24 was an additional repealer related to the                                                                       
     ANGDA's repeal.                                                                                                            
   · Section 25 expressed transition language and legislative                                                                   
     intent.  AGDC already  had the  right-of-way lease  from the                                                               
     state  and  the  intent  was   clearly  there  that  if  the                                                               
     legislature   changed  the   covenants  to   allow  contract                                                               
     carriage;  the  right-of-way  lease   would  be  amended  to                                                               
     reflect   that.  The   intent  was   also  clear   that  the                                                               
     legislature expects  the governor  to appoint his  new board                                                               
     of directors  for AGDC within  90 days. The intent  was that                                                               
     the repositioning of AGDC would  not interfere with or delay                                                               
     AGDC's work. AHFC  would remain intact as  the leadership of                                                               
     AGDC until the new board was  up and running. AHFC and DCCED                                                               
     should provide  all possible assistance to  AGDC's new board                                                               
     as it gets  up and running in  order to not add  to delay in                                                               
     work.                                                                                                                      
   · Section 26 was revisor's instructions.                                                                                     
   · Section 27 was an immediate effective date.                                                                                
                                                                                                                                
MS.  DELBRIDGE said  the legislator  in  2010 passed  HB 369  and                                                               
charged AGDC with  the mission of getting Alaska  gas to Alaskans                                                               
that  was clean,  reliable, and  reasonably priced.  She remarked                                                               
that electric and  home heating costs were very high  in parts of                                                               
the state. She noted that  costs were increasing and security was                                                               
now challenged.  She emphasized that  gas to Alaskans  would mean                                                               
economic and industrial development for the state.                                                                              
                                                                                                                                
4:05:13 PM                                                                                                                    
She said the specific goals of HB  369 were to build a team under                                                               
AHFC's leadership and  to consolidate the gas  pipeline work that                                                               
the state had  done to date on an in-state  option. She explained                                                               
that  the team  was to  fill  in the  gaps, figure  out what  was                                                               
missing  in  order to  actually  get  a pipeline  project  going,                                                               
figure  what  the  optimal  route  was  that  would  benefit  the                                                               
greatest  number  of  Alaskans,  and  then  report  back  to  the                                                               
legislature with  a plan on how  to get that done.  She said AGDC                                                               
delivered the  report in  July 2011, and  found that  an in-state                                                               
gas pipeline, even with the  size constraints put forth under the                                                               
Alaska Gasline  Inducement Act (AGIA)  of 500 million  cubic feet                                                               
per day  (500 MCFD),  was actually possible.  AGDC looked  at the                                                               
potential   price  of   gas  to   customers   in  Fairbanks   and                                                               
Southcentral.  The  findings  showed  Fairbanks'  cost  could  be                                                               
significantly   lower   and   Southcentral's   rates   would   be                                                               
competitive at the point in time the pipeline arrived.                                                                          
                                                                                                                                
SENATOR FRENCH asked what the initial price estimates were.                                                                     
                                                                                                                                
4:06:41 PM                                                                                                                    
DARYL  KLEPPIN, Commercial  Manager,  Alaska Gasline  Development                                                               
Corporation, Anchorage,  Alaska, asked if the  Senator's question                                                               
was in reference to the tariff.                                                                                                 
                                                                                                                                
SENATOR  FRENCH replied  no.  He  said he  was  referring to  Ms.                                                               
Delbridge's reference  to the fact  that gas would be  cheaper in                                                               
Fairbanks and competitive in Anchorage.  He asked what the all-in                                                               
consumer price was.                                                                                                             
                                                                                                                                
MR. KLEPPIN replied that the  revised 2012 project plan's tariffs                                                               
at  the Fairbanks  city gate  were  between $4.25  and $6.00.  He                                                               
noted that the purchase price for  North Slope gas was assumed to                                                               
be $2.00 with a local distribution  charge of $2.00. He said all-                                                               
in, burner-tip price  in Fairbanks was between  $8.25 and $10.00.                                                               
The  estimated burner-tip  price in  Anchorage was  between $9.00                                                               
and $11.25.                                                                                                                     
                                                                                                                                
SENATOR FRENCH asked  to clarify that the estimate was  for a 500                                                               
MCFD line, not a 250 MCFD line.                                                                                                 
                                                                                                                                
MR. KLEPPIN answered yes.                                                                                                       
                                                                                                                                
SENATOR FRENCH  asked what the  numbers would  be for a  250 MCFD                                                               
line.                                                                                                                           
                                                                                                                                
MR.  KLEPPIN replied  that assuming  the same  capital cost,  the                                                               
tariffs would  be roughly  twice as much.  He noted  that redoing                                                               
pipeline  sizing  with capital  changes  to  compute a  lean  gas                                                               
scenario had not been calculated.                                                                                               
                                                                                                                                
4:09:55 PM                                                                                                                    
MS. DELBRIDGE  said part of  the 2011  Project Plan that  was the                                                               
impetus  for legislation  to encourage  AGDC  advancement was  to                                                               
provide AGDC with  the ability to make firm,  long term contracts                                                               
for the  pipeline's capacity in  order to support  financing. She                                                               
explained that  certain legislative  action would be  required to                                                               
provide AGDC with the authority to do the following:                                                                            
                                                                                                                                
   · Determine pipeline ownership structure;                                                                                    
   · Work confidentially with private sector partners;                                                                          
   · Operate as a contract carrier;                                                                                             
   · Decide rates and tariff terms.                                                                                             
                                                                                                                                
She said AGDC further recommended the following to the state:                                                                   
                                                                                                                                
   · Consider waiving previously specified property taxes and                                                                   
     state land lease fees;                                                                                                     
   · Be provided with sufficient funding in order to carry out                                                                  
     AGDC's mission  it was charges with,  including the creation                                                               
     of a pipeline  fund that would allow AGDC to  draw on to pay                                                               
     pipeline contracts with  engineering, design, and commercial                                                               
     work companies;                                                                                                            
   · Limitation on judicial review that was similarly provided                                                                  
     for both the Trans-Alaska Pipeline System (TAPS) and AGIA.                                                                 
                                                                                                                                
She  explained that  HB 4  was  generated from  a culmination  of                                                               
previously stated needs with additional  ways the bill's sponsors                                                               
believed the state might be able  to support. She said HB 4 would                                                               
give further direction to AGDC  by transferring from the existing                                                               
statute  the   joint  in-state  gasline   development  subsidiary                                                               
provisions that  were in  HB 369  and move them  over to  the new                                                               
independent  AGDC.  She asserted  that  HB  4 would  provide  the                                                               
framework  for AGDC  to serve  as Alaska's  natural gas  pipeline                                                               
corporation. The sponsors made sure  that HB 4 would empower AGDC                                                               
to not just  do the pipeline as described in  their project plan,                                                               
but  to  have  the  ability  to  do  other  pipelines  that  were                                                               
commercially reasonable  and beneficial to Alaskans.  She said HB
4   would  maximize   the  state's   efforts   in  gas   pipeline                                                               
development, resolves  regulatory uncertainties,  supports future                                                               
development    of    Alaska's    resources,    includes    AGDC's                                                               
recommendations, and maintains the momentum.                                                                                    
                                                                                                                                
MS. DELBRIDGE noted the following energy challenges:                                                                            
                                                                                                                                
   · Southcentral gas supply and costs were increasingly                                                                        
     uncertain;                                                                                                                 
   · Fairbanks' energy costs were as high as ever;                                                                              
   · Fairbanks' significant air quality problems.                                                                               
                                                                                                                                
She  informed the  committee that  AGDC's  estimated 2.5  percent                                                               
inflation rate would equate to  $200 million being added annually                                                               
to the project's  cost. She said there  was continued expectation                                                               
for  the state  to  find ways  to offset  high  energy costs  and                                                               
therefore the sooner  the better if there was in  fact a proposed                                                               
solution on the table.                                                                                                          
                                                                                                                                
She said specifically under HB 4  that AGDC would keep working on                                                               
the  in-state   pipeline  as  described  in   the  project  plan.                                                               
Sufficient shipper support would be  required as evidenced by the                                                               
long  term  contracts  signed  in  an  open  season  to  pipeline                                                               
financing. She said  should HB 4 pass during  the current session                                                               
with adequate funding,  the target date for gas  flowing would be                                                               
in 2019. She  affirmed that AGDC would work  with TransCanada and                                                               
the North  Slope producers  to see  if in  fact, as  the governor                                                               
requested, potential  alignment for  the two projects.  She noted                                                               
that uncertainty remained  for alignment as there had  not been a                                                               
development commitment.                                                                                                         
                                                                                                                                
4:13:32 PM                                                                                                                    
SENATOR  FRENCH asked  if there  were  aspects of  the bill  that                                                               
directed  the  two projects  to  talk,  communicate, and  try  to                                                               
merge.                                                                                                                          
                                                                                                                                
MS. DELBRIDGE answered that there  was no specific provision. She                                                               
pointed  out that  the bill  would  provide the  ability to  sign                                                               
confidentiality  agreements  that would  be  needed  in order  to                                                               
proceed.  She  inferred  that  AGDC  had  been  asked  to  pursue                                                               
alignment conversations by the governor's recent public remarks.                                                                
                                                                                                                                
SENATOR  FRENCH replied  that the  provisions were  philosophical                                                               
but not statutory.                                                                                                              
                                                                                                                                
MS. DELBRIDGE answered correct.                                                                                                 
                                                                                                                                
4:14:13 PM                                                                                                                    
SENATOR MCGUIRE  pointed out that  there had been  previous bills                                                               
in  the Senate  and  the  House. The  Senate  bill contained  the                                                               
language  that said  the AGIA  line and  the AGDC  line would  be                                                               
compatible and not  competitive. She explained that  the bill was                                                               
ultimately  merged  into  HB  369.  She  asked  if  adding  line-                                                               
compatibility as a friendly amendment should be carried forward.                                                                
                                                                                                                                
MS.  DELBRIDGE replied  that  she was  sure  the bill's  sponsors                                                               
would be  happy to  discuss the topic  with Senator  McGuire. She                                                               
explained  that  the  sponsors believed  that  the  compatibility                                                               
spirit carried on. She remarked  that nothing in HB 4 prohibited,                                                               
blocked,  or  detours another  project  from  going forward.  She                                                               
asserted that  AGDC was tasked  very clearly with getting  gas to                                                               
Alaskans  in Fairbanks,  Southcentral, and  other communities  as                                                               
possible at the  lowest possible rates. She stated  that if there                                                               
was another  project opportunity  on the  table, AGDC  would have                                                               
the mission  and be able to  amend what they were  doing in order                                                               
to pursue  an alignment opportunity  that generated  the greatest                                                               
benefits to Alaskans.                                                                                                           
                                                                                                                                
She mentioned  that under HB  4, AGDC  would also be  prepared to                                                               
participate in  other frameworks,  including a possible  Lower 48                                                               
pipeline. She said the Lower  48 pipeline was not currently being                                                               
pursued, but AGDC would be able  to tailor its efforts to a spur-                                                               
line. She noted  that once the mainline was  complete, AGDC would                                                               
evaluate other  pipeline opportunities  that could  connect other                                                               
communities,  industrial  developments,   or  another  standalone                                                               
pipeline in other areas of the state.                                                                                           
                                                                                                                                
4:16:02 PM                                                                                                                    
JOE  DUBLER,  Vice  President, Chief  Financial  Officer,  Alaska                                                               
Gasline  Development  Corporation, Anchorage,  Alaska,  addressed                                                               
Senator  French's   question  and  stated  that   AGDC  sees  the                                                               
formation  of the  board containing  two  commissioners and  five                                                               
members of  the public  appointed by  the governor  to be  a very                                                               
strong governing body that would  address the issues that Senator                                                               
French had  raised as far as  aligning the two projects.  He said                                                               
the  governor's  appointed  seven  member  board  would  set  the                                                               
direction for AGDC and lead the corporation.                                                                                    
                                                                                                                                
MS. DELBRIDGE reiterated  that Section 3 would  establish AGDC as                                                               
Alaska's gas pipeline corporation. She  explained that HB 4 would                                                               
move AGDC from its present location  as a subsidiary of AHFC to a                                                               
standalone corporation  located under  ACCED. She  specified that                                                               
AGDC's location under ACCED would  be for administrative purposes                                                               
only. She addressed  the AGDC governing board and  noted that the                                                               
House  Finance  Committee  added  the two  commissioners  to  the                                                               
board. She  explained that  the bill's  sponsors that  adding the                                                               
two   commissioners   was  a   strong   step   to  greater   AGDC                                                               
accountability  to   Alaskans  in  their  broader   interests  in                                                               
pipeline development.                                                                                                           
                                                                                                                                
4:17:31 PM                                                                                                                    
SENATOR FRENCH  asked to confirm  that the public members  of the                                                               
AGDC board would be serving in a part-time capacity.                                                                            
                                                                                                                                
MS. DELBRIDGE answered  that the public members could  have a job                                                               
and serve  as a  part-time board member.  She explained  that the                                                               
public members  may also be  retired experts in their  fields and                                                               
noted that  there were quite  a few different  possibilities. She                                                               
noted  the  public  board  members  would  be  required  to  have                                                               
expertise   in  natural   gas  pipeline   marketing,  operations,                                                               
development, general finance, or large project management.                                                                      
                                                                                                                                
SENATOR  FRENCH  asked where  one  would  go  in Alaska  to  find                                                               
someone   that   has   experience   in   natural   gas   pipeline                                                               
construction.  He noted  that there  had  only been  five or  six                                                               
large projects done  in the state's history. He  asserted that it                                                               
was a fairly narrow pool of  people to choose from and noted many                                                               
may be  currently employed in  the industry. He said  there would                                                               
be  many  fascinating questions  about  whether  the state  could                                                               
actually  pull people  into  the  AGDC board  and  ask for  their                                                               
service when they have fulltime day jobs.                                                                                       
                                                                                                                                
MS. DELBRIDGE answered  that some AGDC board  candidates may have                                                               
gained their  experience in certain fields  working elsewhere and                                                               
have returned to  Alaska. She agreed that  some individuals might                                                               
be in industry and might decide  there was an opportunity to be a                                                               
part of  something bigger  for the state.  She said  the governor                                                               
would have to  deal with candidate backgrounds when  he makes the                                                               
AGDC board  appointments. She declared  that the  sponsors firmly                                                               
believed  that  there  were many  Alaskans  that  had  tremendous                                                               
experience in a number of gas pipeline related fields.                                                                          
                                                                                                                                
4:19:57 PM                                                                                                                    
SENATOR FRENCH surmised that should  HB 4 be passed, the earliest                                                               
the  AGDC  board  could  start functioning  would  be  after  the                                                               
legislative approval  process for the  2014 session. He  asked if                                                               
the appointed  AGDC board members  could meet prior  to approval,                                                               
similar  to the  Alaska Department  of  Fish and  Game and  other                                                               
boards that were allowed to meet before being approved.                                                                         
                                                                                                                                
MS. DELBRIDGE answered yes.                                                                                                     
                                                                                                                                
SENATOR FRENCH  responded that the appointed  board members could                                                               
be taking official action on  major questions that were presented                                                               
before  the legislature  had  a  chance to  respond.  He noted  a                                                               
scenario where  a relationship could  be too close for  a certain                                                               
type of decision.                                                                                                               
                                                                                                                                
MS. DELBRIDGE  answered that his concerns  were acknowledged. She                                                               
stated  that the  sponsors believed  that the  governor would  be                                                               
responsible  in making  the AGDC  board appointments  much as  he                                                               
does with most of his other  appointments and be cognizant of the                                                               
potential  conflicts   or  issues  that   would  come  up   in  a                                                               
confirmation hearing.                                                                                                           
                                                                                                                                
She said HB  4 provided very clear statutory  abilities to AGDC's                                                               
corporate functions.  She reiterated  that AGDC could  enter into                                                               
ownership and  operating partnerships. AGDC may  be a part-owner,                                                               
whole-owner,  non-owner,  but AGDC  expected  to  partner with  a                                                               
pipeline company to build and  operate the pipeline. She asserted                                                               
that AGDC had the ability under  HB 4 to make ownership decisions                                                               
in the  best interests of getting  gas to Alaskans at  the lowest                                                               
possible rates.                                                                                                                 
                                                                                                                                
SENATOR FRENCH  asked if AGDC  could reach out and  contract with                                                               
TransCanada to build the gas pipeline.                                                                                          
                                                                                                                                
MS. DELBRIDGE  answered correct.  She said  retaining flexibility                                                               
for  AGDC  was  the  sponsors' intent  and  not  prescribing  how                                                               
precisely  things had  to  work realizing  that  there were  many                                                               
eventualities and potential outcomes over  the course of the next                                                               
few years.  She said a  corporation needs  to be able  to handle,                                                               
needs  to  be  agile  and  flexible and  responsive  to  what  is                                                               
happening.                                                                                                                      
                                                                                                                                
4:22:40 PM                                                                                                                    
She said  AGDC also had  the ability to create  subsidiaries. She                                                               
explained that  one of the  potential subsidiaries that  AGDC may                                                               
create would be a very common  thing for a pipeline carrier to do                                                               
which  was to  create a  subsidiary that  was a  gas marketer  or                                                               
aggregator.  She detailed  that  a gas  marketer  would not  mean                                                               
someone that  goes out and tries  to tell other people  how great                                                               
the gas was  and they should buy it, not  from a public relations                                                               
standpoint, but from an aggregator  standpoint. She remarked that                                                               
the  subsidiary  might  purchase  gas at  the  beginning  of  the                                                               
pipeline, ship it  through pipeline, and then sell  it to several                                                               
customers that  may not  have the  credit worthiness  to actually                                                               
sign  long  term  shipping  commitments  on  their  own  or  that                                                               
otherwise may  want some greater  flexibility than the  long term                                                               
contracts would  provide. She noted  that it was very  common for                                                               
transportation   pipelines    to   have    marketing   subsidiary                                                               
corporations.                                                                                                                   
                                                                                                                                
MS.  DELBRIDGE said  AGDC  could also  issue  revenue bonds.  She                                                               
explained that the  revenue bonds would be limited  to AGDC's own                                                               
backing and  may not pledge  the faith  and credit of  the state.                                                               
She  disclosed  that  the  bonding  part  of  AGDC's  legislation                                                               
included the ability  to create a capital reserved  fund that was                                                               
backed by  the moral  obligation of state.  She pointed  out that                                                               
the moral obligation  provision would only be  invoked after AGDC                                                               
came back  to the legislature in  the future for a  law expressly                                                               
allowing  them to  go and  use a  capital reserve  fund that  was                                                               
backed by the  moral obligation of the state. She  set forth that                                                               
AGDC may  or may not need  to create a capital  reserve fund. She                                                               
said the  reserve fund would  allow AGDC to finalize  the numbers                                                               
and  bring the  legislature the  hard and  fast facts  behind the                                                               
need  and have  the legislature  make the  determination at  that                                                               
point in time.                                                                                                                  
                                                                                                                                
SENATOR  FRENCH stated  that he  knew the  bonding authority  and                                                               
capital reserve fund was a subject  of a lot of discussion in the                                                               
House. He asked if specific page and section references.                                                                        
                                                                                                                                
MS. DELBRIDGE  responded that page  16 was the  bonding authority                                                               
and the capital  reserve fund was on page 20.  She specified that                                                               
the  capital reserve  fund had  language that  required expressed                                                               
legislative authorization for its use between pages 17 and 23.                                                                  
                                                                                                                                
SENATOR  FRENCH replied  that he  recalled reading  HB 4  for the                                                               
first time  and was shocked to  see a sentence that  stated, "The                                                               
enactment of  the section does  not express  that authorization."                                                               
He stated that he did not know  if that had ever been used before                                                               
in a statute, but thought  the sentence was unusual, interesting,                                                               
and good.                                                                                                                       
                                                                                                                                
MS.  DELBRIDGE stated  that  AGDC  would be  able  to enter  into                                                               
confidentiality  agreements. She  explained that  confidentiality                                                               
agreements were  needed in order  to use with  potential pipeline                                                               
shippers,  ownership  partners,  operating partners,  and  people                                                               
that you  go to finance  a pipeline through bond  issuances. AGDC                                                               
would generate a lot of information  on its own using the state's                                                               
money. She  explained that the  information would be an  asset of                                                               
the  state,  provided  that  the  information  was  not  released                                                               
publically and went towards pipeline development.                                                                               
                                                                                                                                
4:25:28 PM                                                                                                                    
She  said  an  example  would   be  AGDC's  tariff  models  where                                                               
information would  be derived from  field studies and  route data                                                               
collection. She explained that HB 4  would allow AGDC to keep the                                                               
tariff  models confidential  and be  considered an  asset of  the                                                               
state that  should be protected while  it was a value.  She noted                                                               
that once  a pipeline  was operational,  the tariff  models would                                                               
have   less  value   from   a   confidentiality  standpoint   and                                                               
potentially could be something that  other Alaskans find interest                                                               
in  for right-of-way  purposes. She  informed the  committee that                                                               
legislation  would  call  on AGDC  to  release  its  confidential                                                               
information after  that point in  time, except for  anything that                                                               
would hurt the state's economic interest.                                                                                       
                                                                                                                                
She said HB  4 would allow AGDC to exercise  the state's existing                                                               
power of  eminent domain.  She explained  that the  state allowed                                                               
eminent  domain  to  be  issued for  natural  gas  pipeline.  She                                                               
emphasized that eminent domain was  a last resort once good faith                                                               
negotiations could be demonstrated  to have unfortunately failed.                                                               
She detailed  that the  process would go  through a  court system                                                               
with the  entity being  required to  supply fair  compensation to                                                               
the property owner  in conjunction with the  taking under eminent                                                               
domain.                                                                                                                         
                                                                                                                                
SENATOR  FRENCH asked  if the  Alaska Railroad  Corporation (ARC)                                                               
had eminent domain.                                                                                                             
                                                                                                                                
MS. DELBRIDGE replied that she would  have to follow up. She said                                                               
she believed ARC had eminent domain,  but noted that the Knik Arm                                                               
Bridge and Toll Authority (KABATA) had eminent domain.                                                                          
                                                                                                                                
SENATOR  FRENCH  confirmed that  KABATA  had  eminent domain.  He                                                               
asked if there were any others besides ARC and KABATA.                                                                          
                                                                                                                                
MS. DELBRIDGE responded  that Mr. Dubler mentioned  that AHFC had                                                               
eminent domain.                                                                                                                 
                                                                                                                                
SENATOR FRENCH  asked if  AHFC had ever  used eminent  domain. He                                                               
noted a  reply from the  gallery that  AHFC had not  used eminent                                                               
domain.                                                                                                                         
                                                                                                                                
CHAIR GIESSEL  asked if any  of the attorney generals  that might                                                               
be online  could answer Senator  French's question  about eminent                                                               
domain.                                                                                                                         
                                                                                                                                
SENATOR FRENCH announced  that he knew KABATA had  it and trusted                                                               
Mr. Dubler  to know  that AHFC  had it. He  stated that  his only                                                               
question was if ARC had eminent domain.                                                                                         
                                                                                                                                
4:27:32 PM                                                                                                                    
BONNIE HARRIS,  Assistant Attorney General, Civil  Division, Oil,                                                               
Gas  and Mining,  Alaska Department  of  Law, Anchorage,  Alaska,                                                               
stated  that she  did  not  know if  ARC  had  ever used  eminent                                                               
domain.                                                                                                                         
                                                                                                                                
SENATOR MICCICHE asked  to be directed to the  section that talks                                                               
about the  specific confidential information and  when it becomes                                                               
public after operation of a pipeline.                                                                                           
                                                                                                                                
MS.  DELBRIDGE  replied  that the  ability  to  keep  information                                                               
confidential was on  pages 10, 11 and 13, lines  4 through 7. She                                                               
said  page 13  was  the  part that  called  on  the project  once                                                               
operational to release certain information.                                                                                     
                                                                                                                                
SENATOR  MICCICHE  stated  that confidentiality  agreements  were                                                               
important  and  noted  that  some  Alaskans  were  concerned.  He                                                               
remarked that something different about  HB 4 was that AGDC would                                                               
essentially  be  operating  as   a  state  corporation.  He  said                                                               
confidentiality   agreements  were   very  typical   in  pipeline                                                               
projects and  important in the  duty of negotiating.  He remarked                                                               
that the  pipeline was not  a secret project  and confidentiality                                                               
agreements were just  the way it was done. He  asserted that what                                                               
was  unusual  was  that  the   information  would  become  public                                                               
afterwards.                                                                                                                     
                                                                                                                                
MS. DELBRIDGE  concurred with Senator  Micciche. She said  it was                                                               
very  clear  that  AGDC's  information  was  self-generated.  She                                                               
explained  that confidentiality  agreements  with another  entity                                                               
were going to  determine whether or not the  information that was                                                               
protected  between  a  private  party  and  AGDC  could  ever  be                                                               
released. She informed the  committee that releasing confidential                                                               
information  would  depend  on  the   entity  and  what  kind  of                                                               
information was  discussed. She said  the intent of  the sponsors                                                               
was to  make sure that the  private sector was willing  to engage                                                               
with AGDC. If  there was any possibility that a  judge might come                                                               
in at some point and  decide that certain information should have                                                               
been released  and was not,  then there  would be a  very serious                                                               
risk that  the private  sector would never  be engaged  with. She                                                               
noted conversely that information that  the state had paid for to                                                               
be developed  as an  asset might benefit  other Alaskans  and was                                                               
very important to be made available to the public.                                                                              
                                                                                                                                
SENATOR FRENCH  stated that he  would have a couple  of questions                                                               
for the Alaska Department of Law  (DOL) about how this would work                                                               
and  who  would  be  making decisions,  who  would  be  reviewing                                                               
things, and  what actions might  happen in court under  a judge's                                                               
determination versus  the determinations made by  the corporation                                                               
with respect to what was confidential and what was not.                                                                         
                                                                                                                                
MS. DELBRIDGE replied  that the DOL had worked  very closely with                                                               
the  sponsors on  the bill's  language and  she noted  Cori Mills                                                               
might be able to discuss the topic.                                                                                             
                                                                                                                                
4:31:06 PM                                                                                                                    
CORI  MILLS,  Assistant  Attorney General,  Legislative  Liaison,                                                               
Civil Division, Alaska Department  of Law, Juneau, Alaska, stated                                                               
that she was available to answer questions.                                                                                     
                                                                                                                                
SENATOR FRENCH asked what would  happen if someone filed a public                                                               
records  request to  see  confidential  gas pipeline  information                                                               
that was in the hands of AGDC and AGDC said no.                                                                                 
                                                                                                                                
MS. MILLS  replied that in a  typical process and the  way it was                                                               
outlined in the  bill, the confidentiality provisions  make it so                                                               
that the information  was not subject to  Alaska's Public Records                                                               
Act. Unlike  other information where  it may just be  exempt from                                                               
disclosure under  certain circumstances and then  a privilege log                                                               
would be  provided, AGDC's confidential information  would not be                                                               
subject to  the Public  Records Act and  they would  provide some                                                               
sort  of denial  that  the  information did  not  fall under  the                                                               
Public  Records  Act.  She  said  in the  noted  case,  it  would                                                               
probably then  be a court  challenge to find  out if in  fact the                                                               
information properly falls under the confidentiality provisions.                                                                
                                                                                                                                
SENATOR FRENCH  asked if  that was  how it  worked where  a judge                                                               
reviewed  the confidential  information and  determined that  the                                                               
information was  indeed confidential under the  statute, or would                                                               
it just not be turned over to a judge for his or her review.                                                                    
                                                                                                                                
MS.  MILLS replied  that  she could  not say  for  sure what  the                                                               
procedures would be. She surmised  that like other public records                                                               
issues,   a  judge   would  probably   review  the   confidential                                                               
information  "in camera"  so  that  it was  not  disclosed and  a                                                               
decision  would be  made. She  said the  confidential information                                                               
would  not necessarily  be shown  to the  judge unless  the judge                                                               
decided he needed to see it, then that would occur.                                                                             
                                                                                                                                
SENATOR FRENCH  replied that  his safety-valve  was that  at some                                                               
point a  judicial officer would  review the material and  sort of                                                               
confirm that the  confidential information was what  was meant by                                                               
the language  in the statute  to be covered  and not meant  to be                                                               
disclosed, because it was possible  that AGDC in the future could                                                               
take a far more expansive  view of its confidentiality provisions                                                               
then what we were trying to write down here today.                                                                              
                                                                                                                                
MS.  MILLS responded  that was  their understanding  of how  this                                                               
would function.                                                                                                                 
                                                                                                                                
4:33:46 PM                                                                                                                    
JOHN HUTCHINS,  Assistant Attorney General, Civil  Division, Oil,                                                               
Gas  and  Mining,  Alaska  Department  of  Law,  Juneau,  Alaska,                                                               
replied that  if there were  a lawsuit challenge in  the adequacy                                                               
of someone's response to the  public records request, there would                                                               
be a  typical litigation  discovery. He  explained that  if there                                                               
was a  discovery, the  judge would  have the  normal powers  of a                                                               
judge  in  civil litigation  to  review  materials and  determine                                                               
whether they were in fact confidential or not.                                                                                  
                                                                                                                                
4:34:29 PM                                                                                                                    
MS. DELBRIDGE  pointed out that  it was on the  recommendation of                                                               
DOL that confidentiality be fully  separated from the records act                                                               
instead of subject to the logs and what not.                                                                                    
                                                                                                                                
SENATOR  MICCICHE asked  if  AS 40.25  was  information that  was                                                               
available for public records requests.                                                                                          
                                                                                                                                
MR. HUTCHINS  answered yes.  He explained that  AS 40.25  was the                                                               
Public Records Act.                                                                                                             
                                                                                                                                
SENATOR   FRENCH  asked   on  the   day   the  pipeline   becomes                                                               
operational,  would  there  be   anything  left  that  was  still                                                               
confidential or does everything suddenly become inspectable.                                                                    
                                                                                                                                
MR.  HUTCHINS  answered that  probably  the  biggest category  of                                                               
things that still would be  confidential was information obtained                                                               
through confidentiality agreements.                                                                                             
                                                                                                                                
SENATOR  FRENCH  asked  what  would  suddenly  be  available  for                                                               
inspection and what would still be kept secret.                                                                                 
                                                                                                                                
MR. HUTCHINS  replied that principally  what was kept  secret was                                                               
information that was  developed by the corporation  itself in the                                                               
process  of  studying and  constructing  the  pipeline. What  was                                                               
still  kept secret  would  be information  that  was provided  by                                                               
third parties pursuant to a confidentiality agreement.                                                                          
                                                                                                                                
SENATOR FRENCH responded  that he misunderstood. He  asked if the                                                               
first part was now suddenly available.                                                                                          
                                                                                                                                
MR. HUTCHINS answered yes.                                                                                                      
                                                                                                                                
SENATOR FRENCH replied  that with all of the  background work the                                                               
corporation  did was  now going  to  be available,  what was  not                                                               
available were trade  secrets or materials that  were turned over                                                               
by oil companies or gas  shipping companies that were filed under                                                               
a confidentiality agreement.                                                                                                    
                                                                                                                                
MR.  HUTCHINS answered  yes. He  explained that  the statute  did                                                               
describe  the  previously  described circumstances  on  page  13,                                                               
right below subparagraphs one and two.                                                                                          
                                                                                                                                
4:36:57 PM                                                                                                                    
SENATOR FRENCH  asked to verify  that trade secrets  or materials                                                               
that were turned over under  a confidentiality agreement would be                                                               
kept secret.                                                                                                                    
                                                                                                                                
MR. HUTCHINS answered yes.                                                                                                      
                                                                                                                                
SENATOR FRENCH read from page 13 as follows:                                                                                    
                                                                                                                                
     If   it    was   determined   that    maintaining   the                                                                    
     confidentiality  was  necessary, protect  the  economic                                                                    
     interest,  the  corporation, disclosure  would  violate                                                                    
     another provision  of state law,  fair law in  terms of                                                                    
     the confidentiality agreement.                                                                                             
                                                                                                                                
He stated  that since  the economic  interest of  the corporation                                                               
was building  an in-state gas  pipeline, he asked for  an example                                                               
of something that  would still be hidden. He  reiterated that the                                                               
economic  interest  of  the  corporation   was  to  build  a  gas                                                               
pipeline.                                                                                                                       
                                                                                                                                
MR. HUTCHINS  replied that  he was probably  not close  enough to                                                               
the business of pipeline construction to give examples.                                                                         
                                                                                                                                
MS.  DELBRIDGE replied  that  she believed  if  AGDC developed  a                                                               
proprietary tariff model that they  anticipated using on a future                                                               
pipeline in a  relatively near sense; that may  be something that                                                               
had commercial  value that  AGDC would like  to protect  and move                                                               
forward.  She  said alternatively,  if  AGDC  had collected  data                                                               
along  the right-of-way  and someone  wanted to  put a  cellphone                                                               
tower on  a segment  of the right-of-way  and would  benefit from                                                               
having  that information,  and  AGDC no  longer  considered it  a                                                               
proprietary  asset because  they had  the right-of-way,  then the                                                               
intent  was  to make  sure  that  that  kind of  information  was                                                               
disclosed so that Alaskans could use it.                                                                                        
                                                                                                                                
4:38:22 PM                                                                                                                    
SENATOR  MCGUIRE noted  one  of the  issues  with the  pipeline's                                                               
earlier bills was  maintaining the legality of  keeping below the                                                               
500 MCFD  threshold while  the sole-source  contract to  AGIA was                                                               
still in play.  She asked if the sponsors felt  satisfied with HB
4  moving forward  and the  independence of  AGDC that  the state                                                               
could do  its due diligence.  She noted  that there would  be two                                                               
commissioners on the  board itself. She inquired  if the sponsors                                                               
felt comfortable  that DOL was  able to provide  enough oversight                                                               
in  monitoring   the  activities   of  AGDC  as   a  quasi-public                                                               
corporation  in   how  they  would   carry  out   their  business                                                               
activities,  their open  seasons  in  making firm  transportation                                                               
offers,  their  compliance  with  the 500  MCFD  limit,  and  the                                                               
possible result in treble damages.                                                                                              
                                                                                                                                
MS. HARRIS replied that she did  know a lot about AGIA, but noted                                                               
that regulating  and monitoring  was more of  a question  for the                                                               
regulatory provisions that  would be RCA. She  explained that DOL                                                               
would not  monitor the AGDC pipeline  to see if it  was violating                                                               
the AGIA 500 MCFD limit.                                                                                                        
                                                                                                                                
4:40:27 PM                                                                                                                    
STUART  GOERING,  Assistant  Attorney  General,  Civil  Division,                                                               
Alaska Department  of Law, Anchorage,  Alaska, announced  that he                                                               
represented and advised  the RCA, but noted that  he was speaking                                                               
to  the  committee  in  his capacity  as  an  assistant  attorney                                                               
general. He explained that the  RCA had no authority under either                                                               
existing law  or under  the proposed  AS 42.08  Contract Pipeline                                                               
Carrier Statute,  to monitor or investigate  compliance with laws                                                               
outside of  the scope of  the regulatory statutes which  would be                                                               
AS 42.05, AS 42.06, and the  proposed AS 42.08. He explained that                                                               
the RCA  does actually  issue pipeline  certificates that  list a                                                               
certificated  capacity  and  that  was dependent  upon  what  the                                                               
applicant  asks for.  He explained  that unless  someone files  a                                                               
complaint,  you  would  not  typically  see  any  kind  of  field                                                               
investigation  to verify  that  that  certificate limitation  was                                                               
being observed.                                                                                                                 
                                                                                                                                
SENATOR  MCGUIRE asked  if Ms.  Delbridge  had an  answer to  the                                                               
question that  proves exactly her  point, that the RCA  would not                                                               
be enforcing the  500 MCFD limit. She emphasized  that she wanted                                                               
to be  clear about  her previous statement.  She stated  that her                                                               
second point pertained  to the two projects as  either merging or                                                               
not merging. She  commented that she was  comfortable with either                                                               
answers and  that was  why she supported  the bill.  She asserted                                                               
that the  legislature had to be  careful to not put  the state in                                                               
legal  jeopardy of  treble damages.  She  said she  wanted to  be                                                               
careful  and   have  someone   from  Attorney   General's  office                                                               
following   AGDC  as   a   quasi-public   corporation  in   their                                                               
activities. She noted that Dan  Fauske had that "helping hand" in                                                               
order to  be clear that  he did  not overstep his  boundaries and                                                               
emphasize that  AGDC would  not exceed  500 MCFD.  She reiterated                                                               
her intent for  clarity regarding not putting the  state in legal                                                               
jeopardy.                                                                                                                       
                                                                                                                                
MS. DELBRIDGE replied that the  Senator had an excellent question                                                               
and it  was one that the  sponsors worked hard on  to balance the                                                               
competing issues.  She stated that  there were no less  than four                                                               
places in the legislation that says  AGDC could not do a pipeline                                                               
or expand  a pipeline that  would put  the state in  violation of                                                               
AGIA; that was  on AGDC's corporate mission, Section  3, page 10,                                                               
lines 9-12.  She addressed the Right-of-Way  Leasing Act covenant                                                               
section  that specified  the state's  issuance through  DNR of  a                                                               
right-of-way  lease  required  that  AGDC may  not,  the  lessee,                                                               
violate AGIA with  the project design; page 31,  lines 26-30. She                                                               
referred  to  the regulatory  section  that  two places  required                                                               
expansions  on commercially  reasonable terms  and affirmed  that                                                               
expansions may not  result in a violation of  AGIA. She explained                                                               
that the intent  was to look out for the  future contingencies by                                                               
requiring an  expansion on commercially reasonable  terms without                                                               
causing something  to be in  violation. She said  the Legislative                                                               
Affairs Agency  (LAA) worked very hard  with DOL and AGDC  on how                                                               
to  actually  word  the  language  in  the  bill  regarding  AGIA                                                               
compliance.                                                                                                                     
                                                                                                                                
4:44:33 PM                                                                                                                    
She said she  would read the language to the  committee from page                                                               
49, line 11. She explained that  the language was matched up from                                                               
the bill's four instances as follows:                                                                                           
                                                                                                                                
     You  cannot  cause  the  pipeline  to  be  a  competing                                                                    
     natural  gas   pipeline  project   as  defined   in  AS                                                                    
     43.94.40, which  is AGIA, unless the  project for which                                                                    
     a  license is  issued under  AS 43.90,  AGIA, has  been                                                                    
     abandoned, or  is no  longer receiving  the inducements                                                                    
     in AGIA.                                                                                                                   
                                                                                                                                
MS. DELBRIDGE  explained that the previously  stated language was                                                               
important because  the AGIA statute  might still be on  the book,                                                               
but you may  not have a valid  licensee and if you do  not have a                                                               
valid licensee, then it was LAA's  opinion that the state was not                                                               
going  to  be  violating  a  license  that  prohibits  them  from                                                               
supporting a project that competes.                                                                                             
                                                                                                                                
She said  she would be happy  to supply the committee  with LAA's                                                               
opinion related to AGIA, parts of  it dealt with the concept that                                                               
the state may  not support a project designed to  carry more than                                                               
the  AGIA limit.  She emphasized  that AGDC  was clear  that they                                                               
were statutorily not  to design a project that would  put them in                                                               
potential violation  of AGIA. She  summarized that  the sponsors,                                                               
DOL and AGDC's attorneys felt  very comfortable with the language                                                               
in the bill.                                                                                                                    
                                                                                                                                
SENATOR MCGUIRE  appreciated Ms.  Delbridge's response  and noted                                                               
that it  answered her first  question. She stated that  there was                                                               
absolutely no need to put the  language that was contained in the                                                               
merger  of SB  287 and  HB 369  in the  bill that  says that  any                                                               
project should be  compatible and not competitive  because it was                                                               
stated  even more  clearly on  page  49, lines  11-13, and  other                                                               
parts as well.                                                                                                                  
                                                                                                                                
4:46:40 PM                                                                                                                    
She noted that  AGDC's board would be a  separate corporation and                                                               
the state would  be "letting go of the reins."  She asked at what                                                               
point the AGDC board would have the  ability to let go due to the                                                               
recognition  that  the  Alaska Pipeline  Project  (APP)  was  not                                                               
compatible  due to  various constraints  and simply  move forward                                                               
with the  plan that was crafted  by Mr. Fauske and  his team. She                                                               
said  she  wanted  AGDC to  continue  merger  consideration.  She                                                               
stated that Alaskans would love to  see the value, even if we did                                                               
not vote for AGIA,  for the fair value of the  $500 million to be                                                               
realized and certainly  to have more from a  larger pipeline. She                                                               
recognized that there were timeline  considerations and asked how                                                               
AGDC would be able to move forward.                                                                                             
                                                                                                                                
MS.  DELBRIDGE  replied  that  AGDC's  purpose  was  to  continue                                                               
advancing  the  line as  described  in  their project  plan.  She                                                               
explained the project's  plan was to go with an  open season next                                                               
year and conclude the end of  2014 or 2015. She specified that at                                                               
the  end of  open season,  AGDC would  have precedent  agreements                                                               
with shipping  commitments on  the table and  at that  point AGDC                                                               
would probably need to make  some choices. She said the sponsors'                                                               
point  of  view  had  repeatedly been  stated  that  an  in-state                                                               
pipeline  needed to  continue.  She explained  that the  sponsors                                                               
realized  that a  merged or  larger  project could  be even  more                                                               
beneficial, but  the sponsors had  not seen any  firm commitments                                                               
to date. She  noted that the sponsors had  repeatedly stated that                                                               
they  were not  willing to  wait forever.  AGDC was  on a  strong                                                               
timeline  and  either  APP  was  clearly  going  forward  or  the                                                               
alternative was  getting Alaska  gas to  Alaskans in  addition to                                                               
providing  an  export  opportunity  for large  volumes  to  other                                                               
markets  in the  future when  the  producers decide  that was  an                                                               
option they would want to pursue.                                                                                               
                                                                                                                                
SENATOR  MCGUIRE  asked  if the  aggressive  timelines  were  the                                                               
timelines  that were  in the  original bill  that was  merged and                                                               
sent forward, but modified and updated.                                                                                         
                                                                                                                                
MS. DELBRIDGE answered that she  believed AGDC tried very hard to                                                               
meet  the  timelines. She  explained  that  AGDC found  out  very                                                               
quickly  that  if  they  allowed  a project  to  be  timeline  or                                                               
schedule driven, the project would be  placed at real risk from a                                                               
large  project  management   prospective.  AGDC  appreciated  the                                                               
legislature's sense of  urgency, but wanted to make  sure that it                                                               
was also  done with the  greatest chance of success  as possible.                                                               
When AGDC issued their project plan  in July 2011, they did amend                                                               
the date and were candid  about the fact that unfortunately there                                                               
was  not a  way to  be getting  gas to  Alaskan at  that original                                                               
timeframe. She stated that AGDC  was quite confident that through                                                               
their use of stage-gated approaches  and large project expertise,                                                               
they would be able to deliver gas starting in 2019.                                                                             
                                                                                                                                
4:50:31 PM                                                                                                                    
She  said Senator  McGuire pointed  out a  desire to  realize the                                                               
value of  the half  billion dollars that  the state  committed to                                                               
its licensee  under AGIA. She  stated that her  understanding was                                                               
that  a large  part of  the work  that the  state had  reimbursed                                                               
TransCanada to  date was focused  on the northern section  of the                                                               
route. She noted that the initial  consideration was on a line to                                                               
the Lower 48  and it would veer off from  where the AGDC pipeline                                                               
would be.  Therefore a lot  of TransCanada's  work on a  piece of                                                               
the  pipeline route  would be  applicable to  another project  as                                                               
well.  She said  if  AGDC  was able  to  enter into  confidential                                                               
agreements and share information, it  was the sponsors' hope that                                                               
TransCanada and  others would  be supportive  in sharing  the air                                                               
quality data  or whatever  with AGDC. She  said Mr.  Dublar could                                                               
fill the committee  in on the extent of any  discussions to date.                                                               
She explained  that the  sponsors also  did not  want to  see the                                                               
state chalking up the investment as  a loss and believed that the                                                               
projects could be very compatible and leverage each other.                                                                      
                                                                                                                                
4:51:48 PM                                                                                                                    
MS.  DELBRIDGE continued  on page  11 and  said AGDC  under HB  4                                                               
would  be exempt  for the  State Procurement  Code. She  asserted                                                               
that  AGDC believed  that following  the  State Procurement  Code                                                               
procedures would  add significant time  and cost to  its process.                                                               
She noted that  HB 369 did exempt AHFC's  subsidiary for gaslines                                                               
from  the   State  Procurement   Code,  so  HB   4  would   be  a                                                               
repositioning of  the provision.  She said  AGDC would  be exempt                                                               
from the Alaska's State Personnel  Act and noted the anticipation                                                               
to hire a  great number of people through  contracts for project-                                                               
specific time bounded work. She noted  that AGDC would need to be                                                               
flexible  and have  the  greatest ability  to  get the  expertise                                                               
onboard as soon as they need it.                                                                                                
                                                                                                                                
SENATOR  FRENCH stated  that the  salaries for  some of  the AGDC                                                               
employees had been  in the public eye recently  because they were                                                               
fairly high. He  asked what oversight the  legislature would have                                                               
if AGDC  continued down the  path of highly  rewarding employment                                                               
contracts.                                                                                                                      
                                                                                                                                
MS.  DELBRIDGE asked  that  Mr. Dubler  come  forward to  respond                                                               
about  the  AGDC  salaries.  She   said  she  believed  generally                                                               
speaking  that  AGDC  would  have the  same  level  oversight  it                                                               
currently had  as a subsidiary  of AHFC. She explained  that AGDC                                                               
was part  of a public corporation  of the state and  was governed                                                               
by  a  board  that  was  appointed  by  the  governor,  including                                                               
commissioners that  always retained some level  of oversight into                                                               
that.                                                                                                                           
                                                                                                                                
4:53:29 PM                                                                                                                    
MR. DUBLER  replied that the  salaries Senator French  noted were                                                               
indicative of the  market salary for specific  types of employees                                                               
and one of  the reasons AGDC was looking for  exemptions from the                                                               
state Procurement  Code. He  explained that going  out to  find a                                                               
candidate that  could work on  engineering or run  an engineering                                                               
plan for a  major facility on the North Slope  to process natural                                                               
gas, the low  bidder probably would not be one's  first or wisest                                                               
choice.  He  stated  that  candidates  share  their  compensation                                                               
levels and negotiations proceed from  that point. He noted coming                                                               
from a  state-background and was  shocked when he first  saw some                                                               
of  the   rates,  but  conceded   that  was  what   the  industry                                                               
compensation levels were.  He said an intention to  hire the best                                                               
in order  to make sure  the pipeline project moved  forward meant                                                               
competing with ExxonMobil, BP, and ConocoPhillips.                                                                              
                                                                                                                                
SENATOR FRENCH  asked how much of  the salaries were going  to be                                                               
paid with  state money,  how much would  be paid  eventually with                                                               
the pipeline's  proceeds, where the  breaking point was,  and how                                                               
folks  who eventually  buy the  gas would  benefit from  the high                                                               
salaries.                                                                                                                       
                                                                                                                                
MR. DUBLER replied that the  $400 million requested by AGDC would                                                               
get them to  "sanction" by 2015. He explained  that when project-                                                               
sanction  occurred after  a successful  open  season, AGDC  would                                                               
look for  a buyer or  a builder owner-operator for  the pipeline.                                                               
At that point the cost would  come from either bond proceeds from                                                               
the builder  owner-operator that  takes over  the project  or the                                                               
state could decide to move  forward without an outside agency and                                                               
continue to fund the project.  He explained that the benefit from                                                               
hiring  expertise  was comparable  to  the  expense of  education                                                               
versus the higher cost of ignorance.                                                                                            
                                                                                                                                
4:56:26 PM                                                                                                                    
SENATOR  FRENCH replied  that he  used the  same argument  as Mr.                                                               
Dublar noted and  could not get more money for  education, but he                                                               
appreciated  the sentiment.  He  asked for  clarification on  the                                                               
$400 million and  referred to the fiscal note that  showed a $225                                                               
million request.  He inquired if  there was another  $150 million                                                               
that had been  set aside. He queried where the  $400 million came                                                               
from and when it would come.                                                                                                    
                                                                                                                                
MR.  DUBLER  answered  that  there  had  been  approximately  $70                                                               
million appropriated  and not all of  it had been spent,  but the                                                               
remainder  had been  committed. He  explained that  the remaining                                                               
$330  million would  be required  to  bring the  project to  full                                                               
sanction.  He detailed  that  the fiscal  note  came through  the                                                               
House  Finance  Committee and  they  added  $225 million  to  the                                                               
governor's $25 million for a total of $250 million.                                                                             
                                                                                                                                
SENATOR FRENCH commented  that there was an  $80 million shortage                                                               
and no  one had  written down  the last $80  million in  order to                                                               
make HB 4 work. He asked if there was a plan.                                                                                   
                                                                                                                                
MS. DELBRIDGE answered  that the House Finance  Committee did not                                                               
feel the  need to  insert another requirement  into the  bill for                                                               
AGDC to  actually comeback  to the legislature  for some  kind of                                                               
approval to  keep going  on what they  were doing.  She explained                                                               
that the  House Finance Committee  thought that  withholding part                                                               
of  an appropriation  request for  a future  point in  time would                                                               
serve as a  way to pull AGDC  back into the political  run of the                                                               
legislature to  justify going forward with  the additional funds.                                                               
She said  the sponsors  had some concerns  that without  the full                                                               
amount  in the  in-state gas  pipeline fund,  AGDC would  need to                                                               
reevaluate its  work plan  with the  possibility of  running into                                                               
some contracting issues regarding engineering and design.                                                                       
                                                                                                                                
4:58:28 PM                                                                                                                    
SENATOR FRENCH  said the AGIA enabling  legislation was carefully                                                               
crafted so that the $500  million state assistance flowed through                                                               
to a  lower tariff. He  asked if the  $400 million would  work in                                                               
the same  way to  assure that  the spending  resulted in  a lower                                                               
tariff.                                                                                                                         
                                                                                                                                
MR. DUBLER replied that the $400  million was not included in the                                                               
tariff calculation  with the numbers presented  to the committee.                                                               
He  said  the   $400  million  was  assumed  to   be  an  initial                                                               
contribution by the state and did not affect the tariff.                                                                        
                                                                                                                                
MS. DELBRIDGE  added that  the $400  million investment  was also                                                               
something that AGDC may be able  to leverage in a joint ownership                                                               
agreement as essentially an in-kind  state equity contribution to                                                               
a pipeline upon which the  state could theoretically be earning a                                                               
rate of  return back to the  state. She explained that  there was                                                               
potential out there to make even  greater use of the $400 million                                                               
then simply  as an  initial upfront investment  that does  not go                                                               
into the tariff.                                                                                                                
                                                                                                                                
SENATOR FRENCH stated that he  misunderstood and thought the $400                                                               
million was  what AGDC needed  to get to  a sanction. He  said it                                                               
sounds  like AGDC  thinks it  might have  some leftover  funds to                                                               
invest in the pipeline itself.                                                                                                  
                                                                                                                                
MS. DELBRIDGE replied that she may  not have been very clear. She                                                               
said the  work being done to  date could be viewed  as an in-kind                                                               
contribution   by   the  state   in   exchange   for  an   equity                                                               
contribution.                                                                                                                   
                                                                                                                                
SENATOR FRENCH asked  who the in-kind contribution  would be made                                                               
to and who would own this pipeline.                                                                                             
                                                                                                                                
MS. DELBRIDGE responded that the  legislature would give AGDC the                                                               
authority to  determine the ownership and  operating structure of                                                               
the pipeline.  She explained that  AGDC would need  to understand                                                               
specifically at some  point in time what the lay  of the land was                                                               
and  how they  could best  meet their  mission of  getting a  gas                                                               
pipeline built that  gets gas to Alaskans at  the lowest possible                                                               
rates.  She  said  there  could   be  interested  private  sector                                                               
entities in  being an  all-owner or  part-owner. She  stated that                                                               
AGDC looked  at various mechanisms  and noted that it  would come                                                               
down  to  the  art-of-the-deal  to negotiate  something  like  an                                                               
ownership structure that resulted in  getting Alaskans gas at the                                                               
lowest possible rates.                                                                                                          
                                                                                                                                
5:01:00 PM                                                                                                                    
MR.  DUBLER  commented  that  Ms.   Delbridge  had  a  very  good                                                               
description   regarding  in-kind   contribution.  He   said  AGDC                                                               
proposed  a  75/25 percent  debt-to-equity  strategy  to get  the                                                               
lowest  possible tariff.  The  25 percent  equity  on $8  billion                                                               
would end up to be about  $2 billion in equity. He explained that                                                               
AGDC could negotiate  that the $400 million was going  in as part                                                               
of a contribution towards the $2  billion in a form of an in-kind                                                               
equity contribution by the state for partial ownership.                                                                         
                                                                                                                                
SENATOR FRENCH commented that there  was nothing in the bill that                                                               
described  what  the  ownership structure  of  the  pipeline.  He                                                               
remarked that  the pipeline  could wind up  being that  the state                                                               
was  a  part-owner, a  non-owner,  or  ExxonMobil could  own  the                                                               
pipeline all by itself if it brought the lowest cost gas.                                                                       
                                                                                                                                
MR. DUBLER answered correct. He  explained that the idea was AGDC                                                               
did not  currently know if  anybody was interested in  buying the                                                               
pipeline or if  the state was interested in  owning the pipeline.                                                               
He asserted that prescribing something  in law was something that                                                               
the sponsors were  hesitant to do. He stated that  the intent was                                                               
to  leave  flexibility  to  a   strong  governed  board  to  make                                                               
determinations after an open  season determined project viability                                                               
and  then  put  the  pipeline  on  the  market  to  see  who  was                                                               
interested.                                                                                                                     
                                                                                                                                
SENATOR MICCICHE asked to clarify  that the $400 million would be                                                               
an  intellectual asset  if it  blended with  AGIA. He  summarized                                                               
that  the  asset  would   entail  intellectual  property,  design                                                               
property,  permitting property,  and right-of-way  agreements. He                                                               
said the asset would be marketable  and could off-set the cost of                                                               
an agreement with another entity.                                                                                               
                                                                                                                                
MS. DELBRIDGE  answered correct.  She explained that  another key                                                               
aspect was the Federal Environmental  Impact Statement (EIS). She                                                               
noted  that  the EIS  was  another  asset  on which  key  federal                                                               
permitting  and  other  decisions  were going  to  be  made.  She                                                               
disclosed  that AGDC  was already  building assets  by leveraging                                                               
its investment. She stated that  the sponsors had repeatedly said                                                               
there were  different ownership scenarios  and they  were hopeful                                                               
that  the private  sector stepped  up  to own  the pipeline.  She                                                               
reiterated that it did not matter  who owned the pipeline or what                                                               
the ownership  mix was, as long  as Alaskans received gas  at the                                                               
lowest possible rates.                                                                                                          
                                                                                                                                
SENATOR  MICCICHE  commented that  it  was  key for  Alaskans  to                                                               
understand that  we were buying  a real  asset with what  we were                                                               
investing in the  pipeline project. He noted that  there had been                                                               
waste  in  the   past,  but  it  was   imperative  that  Alaskans                                                               
understand the importance of the project and HB 4.                                                                              
                                                                                                                                
5:04:29 PM                                                                                                                    
MS.  DELBRIDGE proceeded  on page  11 and  explained that  AGDC's                                                               
operating budget  would be subject  to the Executive  Budget Act.                                                               
She said  the stipulation was another  way to make sure  AGDC was                                                               
accountable to Alaskans for the  money it received from the state                                                               
and accountable  back to  the state  treasury. She  revealed that                                                               
the bill  would make AGDC's  board members subject to  the public                                                               
official disclosure  rules that were currently  in state statute,                                                               
an  action that  would provide  an appropriate  check-and-balance                                                               
that was  addressed by Senator French  regarding individuals that                                                               
could come from industry jobs.                                                                                                  
                                                                                                                                
She explained page 12 regarding  the way the legislation tried to                                                               
maximize  the state's  efforts in  gas pipeline  development. She                                                               
said the  legislation would provide additional  state support for                                                               
a project that  the legislature determined to be  in the public's                                                               
interest by evoking whatever the state  could do to keep costs as                                                               
low  as  possible,  reduce  delays,  and  benefit  Alaskans.  She                                                               
reiterated  that  HB  4  would limit  judicial  review  of  state                                                               
permitting decisions  and lease authorizations in  order to avoid                                                               
delays  and  injunctive  relief  that could  be  crippling  to  a                                                               
project,  especially once  construction  had  started. She  noted                                                               
that the  judicial review limitations  were in Section 13  of the                                                               
bill. She said  the legislation would tell the DNR  to not charge                                                               
AGDC the annual  fees on the state right-of-way  lease. She noted                                                               
that AGDC  was currently  paying $180,000  annually to  the state                                                               
for the right-of-way  lease. She explained that HB  4 would waive                                                               
state and local property taxes  during pipeline construction. She                                                               
noted that HB  4 would sunset the Alaska  Natural Gas Development                                                               
Authority (ANGDA) per an audit recommendation.                                                                                  
                                                                                                                                
SENATOR  MICCICHE  addressed  a  question he  had  received  from                                                               
constituents regarding how  to reconcile the fact  that ANGDA was                                                               
created  from  a voter  initiative.  He  asked  how it  would  be                                                               
explained  to  Alaskans that  we  were  moving forward  with  the                                                               
intent of the initiative.                                                                                                       
                                                                                                                                
MS. DELBRIDGE  replied that she  thought the sponsors  would very                                                               
much agree  with Senator Micciche  and do respect very  much what                                                               
the voters attempted to do  through the 2002 initiative. She said                                                               
the sponsors  believed that the resounding  message from Alaskans                                                               
was  the need  for  the state  to  step up  and  do something  to                                                               
develop  a   gas  pipeline  that  would   benefit  Alaskans.  She                                                               
commended  ANGDA for  their good  work over  the years  and their                                                               
development of  some plans. She  noted that much of  ANGDA's work                                                               
was  contingent upon  other things  going forward  that were  not                                                               
within their control. She referenced  the Division of Legislative                                                               
Audit's  2010  audit  that  recommended  sun-setting  ANGDA.  She                                                               
explained that the audit found  ANGDA was duplicating the state's                                                               
efforts at  developing gas pipelines,  may have exceeded  some of                                                               
its  statutory authorities,  and  no longer  served  the kind  of                                                               
purpose  that it  was created  to  serve. She  asserted that  the                                                               
sponsors believed  that AGDC would be  able to carry on  what the                                                               
voters in  2002 intended by having  the state step up  and assist                                                               
by developing the pipelines.                                                                                                    
                                                                                                                                
SENATOR MICCICHE asked if the  legislative findings and intent in                                                               
Section  1  largely  met  the  voters'  desires  when  ANGDA  was                                                               
created.                                                                                                                        
                                                                                                                                
MS. DELBRIDGE  replied that the  legislative findings  and intent                                                               
in HB 4 related very specifically  to the bill. She remarked that                                                               
ANGDA  had a  very  long host  of findings  to  begin the  ballot                                                               
measure when  they were created.  She said it was  interesting to                                                               
note the  things that were  happening in the state  regarding gas                                                               
availability from  different sources and  the crisis mode  at the                                                               
time,  circumstances that  did not  necessarily apply  anymore at                                                               
present.                                                                                                                        
                                                                                                                                
5:08:58 PM                                                                                                                    
She  addressed  page  13  regarding  the  requirement  for  state                                                               
entities to cooperate  with AGDC and share  information. She said                                                               
the section also  required that AGDC not duplicate  work that the                                                               
state was already doing on  gas pipelines. She explained that the                                                               
legislation  set  forth that  the  state  would need  to  provide                                                               
water, sand, gravel, and  other non-hydrocarbon natural resources                                                               
to AGDC.  She said AGDC  would compensate the agencies  the usual                                                               
prices  for the  natural resources,  but the  costs could  not be                                                               
included in the  tariff base and passed on  to pipeline shippers.                                                               
She explained  that passing  on costs  to the  pipelines shippers                                                               
would increase costs to the  rate payers. She declared that using                                                               
state  resources to  support what  the  state was  doing and  not                                                               
passing  costs onto  rate payers  would be  what the  state would                                                               
want to step  up and do. She  said the door was open  to a future                                                               
legislature to  appropriate money  directly to cover  the natural                                                               
resource  costs   with  AGDC  reimbursing  a   state  agency  for                                                               
materials.                                                                                                                      
                                                                                                                                
MS.  DELBRIDGE addressed  page 14  regarding the  way legislation                                                               
would  resolve  regulatory  uncertainties.  She  said  regulatory                                                               
issues  were very  important  because it  was  uncertain how  one                                                               
would be  regulated, under what  kind of time frames,  under what                                                               
kind of standards, and whether or  not the kind of financial deal                                                               
that was needed would be  allowed. She emphasized that regulatory                                                               
uncertainties  created  tremendous   uncertainty  and  risk.  She                                                               
asserted  that potential  private sector  partners involved  in a                                                               
pipeline project  were risk adverse.  She said  uncertainty could                                                               
add  costs and  delay timelines.  She stated  that AGDC  had been                                                               
very  clear  that it  needed  to  know how  it  was  going to  be                                                               
regulated before it went out  to solicit private sector partners.                                                               
She added that  AGDC would also require being able  to operate as                                                               
a  contract   carrier  pipeline.  The  legislation   would  allow                                                               
contract carriage through  two key ways: by adding a  new type of                                                               
state  right-of-way  lease  covenants that  strictly  applied  to                                                               
contract   carriers  gas   pipelines,  and   through  the   RCA's                                                               
oversight. She said  the sponsors took great steps  in both cases                                                               
to  make  sure  that  the  legislation  reinforced  a  very  long                                                               
standing state policy that applied  when using a state land grant                                                               
or resource. She explained that  pipelines need to be fair, offer                                                               
reasonable  access  to new  and  future  shippers, and  encourage                                                               
future development of oil and  gas basins in Alaska. She asserted                                                               
that there was broad opportunity on a number of levels.                                                                         
                                                                                                                                
5:11:35 PM                                                                                                                    
SENATOR  MICCICHE  asked  why  the   RCA  would  regulate  a  gas                                                               
transmission pipeline. He inquired if  the RCA would regulate the                                                               
pipeline's entire route.                                                                                                        
                                                                                                                                
MS. DELBRIDGE  answered that  the RCA  would regulate  the entire                                                               
route.                                                                                                                          
                                                                                                                                
SENATOR MICCICHE asked why the  RCA would regulate a transmission                                                               
pipeline.                                                                                                                       
                                                                                                                                
MS. DELBRIDGE  responded that the RCA  currently regulated either                                                               
public utility  pipelines or common  carrier pipelines.  She said                                                               
the sponsors  understood that there  were benefits  to regulation                                                               
that both protected  the carrier and the  consumers. She remarked                                                               
that  a reasonable  amount of  oversight and  certainty would  be                                                               
provided for  the private sector.  She asked Senator  Micciche if                                                               
he  was  referring  to  the   state's  jurisdiction  over  a  gas                                                               
pipeline.                                                                                                                       
                                                                                                                                
SENATOR MICCICHE replied that he  would rephrase the question. He                                                               
asked if  the ownership  and operations  were not  be determined,                                                               
what if a  future owner-operator decided to have  a pipeline that                                                               
may not  be common carrier  until it reached a  densely populated                                                               
area, was  regulated in  different sections,  and when  it became                                                               
common carrier or  some other agreement, it would be  hard to say                                                               
what the arrangement would be in the future at that point.                                                                      
                                                                                                                                
MS. DELBRIDGE answered that the  local distribution networks that                                                               
go directly to  get the gas off of the  mainline into communities                                                               
would  still be  regulated  as public  utilities. She  emphasized                                                               
that  AGDC would  require contract  carriage in  order to  secure                                                               
long  term  shipping  commitments  that  would  support  pipeline                                                               
financing. She noted  that gas was a little bit  different in the                                                               
sense  that the  end users  of gas  were immediately  off of  the                                                               
pipeline with  a need for  gas to fuel  year round, 24  hours per                                                               
day  operations. She  explained that  a public  utility needs  to                                                               
know every day  that a certain amount of gas  was coming into its                                                               
power  plant without  interruption. An  industrial process  would                                                               
generally work  the same  way with  a need to  know that  gas was                                                               
going to  be there. She  said utilities and industrial  gas users                                                               
want  to make  sure that  they could  sign long  term commitments                                                               
that guaranteed supply.                                                                                                         
                                                                                                                                
5:14:11 PM                                                                                                                    
MR. DUBLER  added that AGDC  had legal counsel look  into whether                                                               
FERC could  regulate the  proposed pipeline since  it was  not an                                                               
interstate pipeline.  He said  FERC had  no jurisdiction  and the                                                               
opinion received by  AGDC was that FERC would not  be able to. He                                                               
noted  that  some  legislators  in  prior  committees  felt  very                                                               
strongly  that  regulation  was   important  with  some  sort  of                                                               
oversight board.  He summarized  that without  FERC, RCA  was the                                                               
only other regulatory option.                                                                                                   
                                                                                                                                
SENATOR  DYSON  stated  that  because AGDC  would  be  a  natural                                                               
monopoly,  he did  not understand  how  there would  not be  some                                                               
regulation to  protect the  consumers and that  was what  the RCA                                                               
was about.  He asked if  Senator Micciche was making  an argument                                                               
that there should not be RCA regulation.                                                                                        
                                                                                                                                
SENATOR MICCICHE  answered no and  stated that he was  not making                                                               
that argument.  He explained that  all transmission  pipelines in                                                               
the U.S.  were regulated one  way or  another. He stated  that he                                                               
was curious why  AGDC chose the RCA "avenue" and  he thought that                                                               
was a good answer.                                                                                                              
                                                                                                                                
SENATOR  DYSON replied  that the  vast difference  in Alaska  was                                                               
that most  places in the  Lower 48 had alternative  pipelines and                                                               
there was not a natural monopoly.                                                                                               
                                                                                                                                
SENATOR MCGUIRE pointed  out to Senator Micciche  that the recent                                                               
history on the gas pipeline occurred  when SB 287 and HB 369 were                                                               
first introduced  in 2010. She  noted that there  was a bit  of a                                                               
war going  on between people who  wanted to pursue the  AGIA line                                                               
to the Lower  48 versus a line  for the Asian market  with an in-                                                               
state  line.   She  said  people  who   supported  Representative                                                               
Chenault's bill  and her bill thought  the market was in  Asia in                                                               
addition to an  in-state line with the belief that  gas should go                                                               
to residents  first. She  explained that  an in-state  gas caucus                                                               
was  formed and  the delegation  went to  Washington D.C.  in the                                                               
spring  of  2010.  She  divulged   that  certain  members  of  an                                                               
administration  had actually  solicited an  opinion from  FERC to                                                               
ask that they have authority over  an in-state line. She said the                                                               
delegation was able to quash  the opinion and solicit the caucus'                                                               
own opinion that made it very  clear that any in-state line would                                                               
never  be  governed  by  FERC.  She asserted  that  it  was  very                                                               
important that it was the RCA  because you want to have authority                                                               
over  the  agency  in  addition  to the  ability  to  deliver  to                                                               
Alaskans. She stated that there was  more than just the fact that                                                               
it was  to consumers in Alaska,  there was a fact  that you could                                                               
often  have competing  lines. She  noted that  FERC made  it very                                                               
clear  to the  delegation  that they  would  not allow  competing                                                               
lines if FERC  had jurisdiction over Alaska's  in-state line. She                                                               
summarized that if  the FERC course had not  been changed, Alaska                                                               
would not have seen a pipeline.                                                                                                 
                                                                                                                                
SENATOR FRENCH  asked what would ultimately  protect consumers if                                                               
the  pipeline delivered  gas that  was more  expensive than  Cook                                                               
Inlet gas.  He noted an  example where Anchorage  consumers would                                                               
not have  a choice if Enstar  Natural Gas Company bought  $15 gas                                                               
from the pipeline  versus $8 gas that might be  available in Cook                                                               
Inlet.                                                                                                                          
                                                                                                                                
5:18:33 PM                                                                                                                    
MS. DELBRIDGE  answered that unless people  saw reasonably priced                                                               
gas that was  transported from the pipeline,  contracts would not                                                               
be signed  to have  gas shipped  on the  gas pipeline.  She noted                                                               
that  Senator Dyson  was  quite right  with  his assessment  that                                                               
there was  necessarily no competition,  but that was  largely why                                                               
the regulatory section allowed  for contract carriage, negotiated                                                               
contracts, and recourse tariffs.  She explained that the recourse                                                               
tariff was a cost based, RCA  approved rate that anyone could get                                                               
in on  the pipeline at  any time if  they wanted to  negotiate or                                                               
not. She  said the recourse  tariff added an element  of fairness                                                               
to some  degree for parties that  did not want to  negotiate, did                                                               
not have  the means  to negotiate, or  negotiations did  not work                                                               
out. She reiterated  that the recourse tariff would  always be an                                                               
opportunity  for  a  cost  based, RCA  approved  rate.  She  said                                                               
generally   that  Enstar   and   other   public  utilities   were                                                               
accountable  to  the  people  that   accept  their  service.  She                                                               
specified  that electric  utilities  were generally  cooperatives                                                               
with elected boards that provided general accountability.                                                                       
                                                                                                                                
MR. DUBLER stated that he  believed the utilities were monopolies                                                               
as well and  were subject to RCA oversight. He  said he would not                                                               
believe that  the RCA  would approve an  increase in  a utility's                                                               
cost  of gas  if  they signed  up  for a  pipeline.  He cited  an                                                               
example where  the pipeline's  price was $12  and the  Cook Inlet                                                               
price  was $10  with the  utility opting  for the  $12 gas,  even                                                               
though there was  plentiful supply at $10. He stated  that he did                                                               
not believe the RCA would approve  an increase and noted that the                                                               
increased cost would  probably have to come out  of the utility's                                                               
share.                                                                                                                          
                                                                                                                                
5:20:40 PM                                                                                                                    
MS. DELBRIDGE addressed page 15  regarding contract carriage. She                                                               
explained that  shippers need  to know that  the space  that they                                                               
were reserving  by signing long  term commitments  was available,                                                               
period.  She  said  the  pipeline  needs  to  know  that  it  had                                                               
guaranteed payments  coming in over  a length of time  to support                                                               
the  financing  on  the  pipeline.  She  stated  that  the  firm,                                                               
uninterruptable  contracts was  the way  that gas  pipelines were                                                               
financed.  She specified  that  the  contracts guaranteed  future                                                               
income in order  to secure revenue bonds that would  be issued in                                                               
this case to finance the  pipeline. She remarked that there could                                                               
be  a  perception  at  times  that  contract  carriage  precluded                                                               
opportunities in a pipeline because  it does not have that common                                                               
carriage  aspect   of  immediately  moving  over   and  prorating                                                               
everyone's existing  capacity to make  room for any new  comer at                                                               
any point in time. She  reiterated that the contract carrier line                                                               
was used  due to the need  for firm commitments and  firm amounts                                                               
of capacity  reserved. She said  contract carriage did  not allow                                                               
for  prorating  the capacity,  but  allowed  for expansions  that                                                               
provided opportunities for new people  to get in on the pipeline.                                                               
She explained that the pipeline  would provide advanced notice of                                                               
expansion opportunities  so that people  who know that  they have                                                               
gas  that they  want to  be  committing could  think about  those                                                               
windows. She noted  that the advanced notice may  let people that                                                               
just  acquired  gas  leases  for   development  with  windows  of                                                               
opportunity  to  consider.  She   summarized  that  it  was  very                                                               
important to the  sponsors that even while  enabling the contract                                                               
carrier  status,  the  ability  to  protect  the  access  to  the                                                               
pipeline and others in the future was absolutely maintained.                                                                    
                                                                                                                                
5:22:35 PM                                                                                                                    
SENATOR FRENCH stated  that the reality was that  the majority of                                                               
the   gas  would   come  from   either  ConocoPhillips,   BP,  or                                                               
ExxonMobil. He asked  for names of other companies  that might be                                                               
involved.                                                                                                                       
                                                                                                                                
MS. DELBRIDGE replied  that the sponsors had no  knowledge of the                                                               
actual expression of interest or  any commercial discussions. She                                                               
explained that  limited to 500  MCFD, the sponsors  believed that                                                               
you may  get gas  from anyone  of the  three noted  companies and                                                               
perhaps  some  other   folks  that  have  been   looking  at  gas                                                               
opportunities might  see an  avenue to  get resources  to market.                                                               
She  cited an  example  that Anadarko  Petroleum Corporation  had                                                               
leases at Gubik that had long  been said to hold gas. She pointed                                                               
out that there  was no pipeline that would carry  Gubik field gas                                                               
to  any kind  of market.  She  stated that  there were  certainly                                                               
other  North Slope  operators that  may have  finds as  well. She                                                               
said  the  sponsors  believed  that   the  pipeline  would  offer                                                               
opportunities. She noted that Doyon,  Limited was looking at some                                                               
prospects  in the  Yukon  and  Nenana basins.  She  noted that  a                                                               
letter of  support was  in the committee's  packet about  how the                                                               
pipeline would provide  Doyon with some opportunity  if they made                                                               
the kind of find that they would  hope to and to get their gas to                                                               
market. She  mentioned that  Cook Inlet  Energy was  exploring in                                                               
the Susitna  Flats area  where they expect  to encounter  gas and                                                               
would certainly like to know that  a pipeline was in the vicinity                                                               
to carry some of that resource away.                                                                                            
                                                                                                                                
SENATOR FRENCH asked  if the Susitna Flats was the  area near the                                                               
Susitna River.                                                                                                                  
                                                                                                                                
MS. DELBRIDGE replied that she  believed the Susitna Flats was in                                                               
the valley right along the Susitna River area.                                                                                  
                                                                                                                                
5:25:07 PM                                                                                                                    
MS. DELBRIDGE set forth that the  bill's intent was to retain the                                                               
key common  carriage principals of expansions  that were required                                                               
when  there were  reasonable terms  and access  for new  shippers                                                               
while  allowing contract  carriage.  She  said accomplishing  the                                                               
intent in the  legislation would be done through  an interface of                                                               
both  the  right-of-way  leasing   act  and  the  new  regulatory                                                               
chapter;  both   areas  of  the   bill  required   expansions  on                                                               
commercially  reasonable  terms.  She detailed  that  both  areas                                                               
required that  in an  expansion, the pipeline  could not  make an                                                               
initial  shipper  pay any  more  than  what  was allowed  by  the                                                               
shipper's  contract  with the  pipeline.  Therefore  the cost  of                                                               
expansion  would be  borne  by  the people  shipping  gas in  the                                                               
expanded-capacity, just as the initial  costs were to be borne by                                                               
the people shipping gas in the initial-capacity.                                                                                
                                                                                                                                
SENATOR FRENCH  addressed expansions  with the 500  MCFD pipeline                                                               
and  asked what  expansion could  there be  as long  as AGIA  was                                                               
alive and well.                                                                                                                 
                                                                                                                                
MS. DELBRIDGE  replied that  she had spoken  a few  minutes prior                                                               
regarding the  AGIA non-compete mentions  in the bill  and forgot                                                               
to address expansions in the  current context. She explained that                                                               
the  expansion were  required as  long as  they did  not cause  a                                                               
pipeline to be competing with  AGIA. She said the legislation was                                                               
structured to  accommodate a  time in the  future when  the state                                                               
was  no  longer paying  inducements  to  a licensee  under  AGIA,                                                               
perhaps five or ten years  after the pipeline was operation, 2025                                                               
or 2030. She noted that expansions  would not be likely to happen                                                               
in the immediate  time frame to where it would  be a problem. She                                                               
explained  that   expansion  mentioned   in  the  bill   was  all                                                               
conditioned upon not creating a competing issue.                                                                                
                                                                                                                                
MR. DUBLER  added that Senator French  hit on exactly one  of the                                                               
large  problems  that ACDC  had  with  the AGIA  restriction  and                                                               
common  carriage.  He said  a  common  carriage pipeline  with  a                                                               
customer   base  where   shippers   limited-out   the  500   MCFD                                                               
restriction,  would force  shippers to  cut their  percentages to                                                               
accommodate a  new request. He emphasized  that contract carriage                                                               
would not allow percentage cuts to shippers.                                                                                    
                                                                                                                                
SENATOR FRENCH asked what the pipeline diameter size was.                                                                       
                                                                                                                                
MR. DUBLER replied that the diameter was a 36 inch steel pipe.                                                                  
                                                                                                                                
SENATOR  FRENCH asked  what the  maximum throughput  was for  the                                                               
pipeline's wall thickness.                                                                                                      
                                                                                                                                
5:28:19 PM                                                                                                                    
DAN FAUSKE, President, AGDC, Anchorage,  Alaska, replied that the                                                               
500 MCFD limitations were repeatedly  addressed. He asserted that                                                               
the issue  was how much gas  could the pipeline hold  or move. He                                                               
explained  that the  maximum capacity  on the  pipeline would  be                                                               
about 1.6  billion cubic feet of  gas per day (BCFD).  He pointed                                                               
out  that when  the proposed  pipeline  was 24  inches with  2500                                                               
pounds  per square  inch (PSI)  hauling liquid  due to  increased                                                               
compression,  the 24  inch  line could  carry up  to  1 BCFD.  He                                                               
remarked that  AGDC had  limited the discussion  to 500  MCFD and                                                               
noted  that the  AGIA  restrictions were  lifted  below the  68th                                                               
parallel north.  He stated that  AGDC's design,  engineering, and                                                               
all of their work was being designed towards 500 MCFD.                                                                          
                                                                                                                                
MR. DUBLER added  that the 1.6 BCFD was  a theoretical throughput                                                               
and AGDC had not done any designs  over 500 MCFD in order to stay                                                               
within accordance of the AGIA restrictions.                                                                                     
                                                                                                                                
5:30:46 PM                                                                                                                    
CHAIR   GIESSEL  commended   the  input   from  the   experienced                                                               
individuals. She noted the urgency  in energy needs with Alaskans                                                               
waiting for  Alaska's natural gas  to be delivered. She  said the                                                               
cost of delay was a pretty  high price that the committee did not                                                               
want to  continue to  pay. She  appreciated the  bill's sponsors'                                                               
sense of leadership  and their understanding of  the urgency. She                                                               
pointed  out  that  Representative Hawker  and  Speaker  Chenault                                                               
hosted an  informative megaproject seminar during  the hearing of                                                               
HB 4 and many legislators  learned about the stage-gate approach.                                                               
She  announced that  Attorney General  Michael Geraghty  had been                                                               
invited   to  tomorrow's   meeting  to   address  the   questions                                                               
pertaining to  the "legacy wells"  and what  Alaska's opportunity                                                               
was as  far as  the federal government  and getting  the National                                                               
Petroleum Reserve-Alaska (NPRA) wells  addressed. She stated that                                                               
after  Attorney General  Geraghty, the  committee would  continue                                                               
with HB 4.                                                                                                                      

Document Name Date/Time Subjects
HB 4 vs I.pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Compare (RES) vs P and(FIN) vs I.pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Sponsor Statement CS for SSHB4(FIN).pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Sectional Analysis CS for SSHB4 (FIN).pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Fiscal Note 2-25-040113-FIN-Y.pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Fiscal Note 3-1-040113-FIN-Y.pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Related Statues-Right-of-Way Leasing Act.pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Fact Sheet-CS for SSHB4 (FIN).pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Opp Letters-Resolutions (2).PDF SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Supp Letters-Resolutions (27).PDF SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Right-of-Way Leasing Act Covenants Comparison.pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 FAQS-CONTRACT V COMMON CARRIER - AGDC.pdf SRES 4/2/2013 3:30:00 PM
HB 4
HB 4 Overview SRES 2013.04.02.pdf SRES 4/2/2013 3:30:00 PM
HB 4