Legislature(2023 - 2024)ANCH LIO DENALI Rm

12/23/2024 09:00 AM House LEGISLATIVE BUDGET & AUDIT


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Audio Topic
09:04:41 AM Start
09:05:37 AM Presentation(s): Kitchen Light Unit Oil Royalty Modification
10:49:38 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ I. Kitchen Light Unit Oil Royalty Modification TELECONFERENCED
a. Presentation by Department of Natural
Resources: John Crowther, Deputy Commissioner;
Haley Paine, Deputy Director; Ryan Fitzpatrick,
Commercial Section Manager; Justin Black,
Commercial Analyst, Division of Oil & Gas
Meeting will be Teleconferenced
Juneau 586-9085, Anchorage 563-9085
Outside Juneau and Anchorage 844-856-9085
                    ALASKA STATE LEGISLATURE                                                                                  
             LEGISLATIVE BUDGET AND AUDIT COMMITTEE                                                                           
                       Anchorage, Alaska                                                                                        
                       December 23, 2024                                                                                        
                           9:04 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Ben Carpenter, Chair                                                                                             
Senator Bert Stedman, Vice Chair (via teleconference)                                                                           
Representative DeLena Johnson                                                                                                   
Representative Sarah Vance (via teleconference)                                                                                 
Representative Frank Tomaszewski (via teleconference)                                                                           
Representative Andy Josephson (via teleconference)                                                                              
Senator Bill Wielechowski (via teleconference)                                                                                  
Senator James Kaufman (via teleconference)                                                                                      
Senator Scott Kawasaki (via teleconference)                                                                                     
Representative Mike Cronk (alternate)                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman                                                                                                           
Senator Click Bishop (alternate)                                                                                                
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Tom McKay                                                                                                        
Representative Julie Coulombe                                                                                                   
Senator Elvi Gray-Jackson                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S):  KITCHEN LIGHTS UNIT OIL ROYALTY MODIFICATION                                                                  
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JOHN CROWTHER, Deputy Commissioner                                                                                              
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Provided introductory remarks  and answered                                                             
questions   during   the   Kitchen  Lights   Unit   Oil   Royalty                                                               
Modification presentation.                                                                                                      
                                                                                                                                
HALEY PAINE, Deputy Director                                                                                                    
Division of Oil and Gas                                                                                                         
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Co-presented   a  PowerPoint  during  the                                                             
Kitchen Lights Unit Oil Royalty Modification presentation.                                                                      
                                                                                                                                
RYAN FITZPATRICK, Commercial Section Manager                                                                                    
Division of Oil and Gas                                                                                                         
Department of Natural Gas                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Co-presented   a  PowerPoint  during  the                                                             
Kitchen Lights Unit Oil Royalty Modification presentation.                                                                      
                                                                                                                                
JUSTIN BLACK, Commercial Analyst                                                                                                
Division of Oil and Gas                                                                                                         
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Co-presented   a  PowerPoint  during  the                                                             
Kitchen Lights Unit Oil Royalty Modification presentation.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
9:04:41 AM                                                                                                                    
                                                                                                                                
CHAIR  BEN  CARPENTER called  the  Legislative  Budget and  Audit                                                             
Committee  meeting to  order at  9:04 a.m.     Representatives D.                                                               
Johnson,   Vance    (via   teleconference),    Tomaszewski   (via                                                               
teleconference),  Cronk (alternate),  and Carpenter  and Senators                                                               
Wielechowski (via teleconference),  Kaufman (via teleconference),                                                               
Kawasaki (via  teleconference), and Stedman  (via teleconference)                                                               
were  present at  the call  to order.   Representative  Josephson                                                               
(via  teleconference) arrived  as  the meeting  was in  progress.                                                               
Also  present  were  Representatives   McKay  and  Coulombe,  and                                                               
Senator Gray-Jackson.                                                                                                           
                                                                                                                                
^PRESENTATION(S):  Kitchen Light Unit Oil Royalty Modification                                                                  
 PRESENTATION(S):  Kitchen Lights Unit Oil Royalty Modification                                                             
                                                                                                                                
9:05:37 AM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER announced  that the only order  of business would                                                               
be   the   Kitchen   Lights   Unit   Oil   Royalty   Modification                                                               
presentation.                                                                                                                   
                                                                                                                                
9:06:16 AM                                                                                                                    
                                                                                                                                
JOHN  CROWTHER,   Deputy  Commissioner,  Department   of  Natural                                                               
Resources (DNR),  said he and  his colleagues would  be providing                                                               
an   overview  of   the   proposed   determination  for   royalty                                                               
modification for  a portion of  the Kitchen Lights Unit  (KLU) in                                                               
the Cook Inlet.  The intent  is to reflect the economic realities                                                               
of this  particular field within  the context  of department-wide                                                               
efforts to boost natural gas supply in the region.                                                                              
                                                                                                                                
9:07:10 AM                                                                                                                    
                                                                                                                                
HALEY  PAINE,   Deputy  Director,   Division  of  Oil   and  Gas,                                                               
Department of Natural  Resources (DNR), said the  Division of Oil                                                               
and Gas  was delegated, by  the commissioner,  the responsibility                                                               
of performing  an analysis  and writing  a best  interest finding                                                               
for the KLU royalty  modification, entitled "Preliminary Findings                                                               
and  Determination  Regarding  the Kitchen  Lights  Unit  Royalty                                                               
Modification  Application" [included  in  the committee  packet].                                                               
The preliminary  findings were  issued on  December 6,  2024, and                                                               
are  currently  in  the  30-day comment  period.    She  directed                                                               
attention  to a  PowerPoint  presentation, entitled  "Preliminary                                                               
Findings   and   Determination   Furie   Royalty   Modification,"                                                               
beginning with  an outline of the  presentation on slide 2.   She                                                               
noted that this  is the first royalty modification  that has been                                                               
granted  in the  180J inlet  and the  first royalty  modification                                                               
specifically for natural gas.                                                                                                   
                                                                                                                                
9:09:24 AM                                                                                                                    
                                                                                                                                
MS. PAINE continued  to slide 3, "Executive  Summary," which read                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
     •Furie  Operating Alaska,  LLC  ("Furie"), operator  of                                                                    
     the Kitchen  Lights Unit  ("KLU"), submitted  a royalty                                                                    
     modification application to DNR on September 5, 2024                                                                       
     •The  application  to  reduce royalty  is  intended  to                                                                    
     prolong the  economic life  of the  unit as  per barrel                                                                    
     equivalent  costs  were  increasing  due  to  declining                                                                    
     production                                                                                                                 
     •DNR  engaged  in  an  extensive  review  and  analysis                                                                    
     process  of   confidential  financial   and  production                                                                    
     information provided by the applicant                                                                                      
     •DNR concluded that,  absent additional production from                                                                    
     new drilling,  the unit would  likely reach the  end of                                                                    
     the economic field life in June 2025                                                                                       
     •DNR has  recommended a royalty  modification mechanism                                                                    
     based  on   cumulative  gross  revenues   beginning  on                                                                    
     September 1, 2024                                                                                                          
     •DNR  analyses showed  that royalty  modification would                                                                    
     extend  the life  of the  field by  10.5 years  with an                                                                    
     expected $37.62  million increase in direct  revenue to                                                                    
     the State                                                                                                                  
                                                                                                                                
9:11:41 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:11 a.m.                                                                                 
                                                                                                                                
[Due to technical difficulties, portions of the audio are                                                                       
indiscernible throughout.]                                                                                                      
                                                                                                                                
9:12:19 AM                                                                                                                    
                                                                                                                                
RYAN  FITZPATRICK, Commercial  Section Manager,  Division of  Oil                                                               
and  Gas, Department  of Natural  Resources (DNR),  continued the                                                               
presentation  on  slide  4,   "Royalty  Modification     Relevant                                                               
Statutes,"   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     •The Commissioner:                                                                                                         
     •AS38.05.180(j)(1)(B):  may   provide  modification  of                                                                    
     royalty "to prolong the economic  life of an oil or gas                                                                    
     field or pool as per  barrel or barrel equivalent costs                                                                    
     increase or as  the price of oil or  gas decreases, and                                                                    
     the increase  or decrease is sufficient  to make future                                                                    
     production no longer economically feasible."                                                                               
     •AS38.05.180(j)(4)(B)   "may   not  grant   a   royalty                                                                    
     reduction  ? under  1(B) of  this subsection...of  less                                                                    
     than three percent ..."                                                                                                    
     •The lessee needs to:                                                                                                      
     •AS38.05.180(j)(2):  "make   a  clear   and  convincing                                                                    
     showing  that  a  modification of  royalty"  meets  the                                                                    
     statutory requirements and "is  in the best interest of                                                                    
     the state."                                                                                                                
     •AS38.05.180(j)(3): The  royalty modification mechanism                                                                    
     "? shall  be based on a  change in the price  of oil or                                                                    
     gas and  may also  be based  on other  relevant factors                                                                    
     such as a change in production rate?"                                                                                      
                                                                                                                                
9:17:09 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:17 a.m.                                                                                 
                                                                                                                                
9:17:46 AM                                                                                                                    
                                                                                                                                
MR. FITZPATRICK  concluded slide 4  and turned to slide  5, which                                                               
showed  a chart  depicting  the history  of royalty  modification                                                               
decisions starting in 1995 through 2023.                                                                                        
                                                                                                                                
9:21:02 AM                                                                                                                    
                                                                                                                                
JUSTIN  BLACK,  Commercial  Analyst,  Division of  Oil  and  Gas,                                                               
Department of Natural Resources (DNR),  advanced to slide 6, "KLU                                                               
Background     Unit  Location,"  which  featured  a  map  of  the                                                               
northern portion of the Cook  inlet and read as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     •Unit formed in 2009                                                                                                       
     •83,394 acres                                                                                                              
     •Julius R Platform ("JRP") installed in 2015 - newest                                                                      
     and smallest platform in the Cook Inlet                                                                                    
     •Production began November 2015                                                                                            
      •Furie management changed June 30, 2020, with HEX's                                                                       
     bankruptcy acquisition                                                                                                     
                                                                                                                                
9:23:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  D. JOHNSON  recalled  that Mr.  Black had  stated                                                               
that technically, KLU  has had the same operator.   She asked why                                                               
that's important in this discussion.                                                                                            
                                                                                                                                
MR.  BLACK explained  that  anything before  June  30, 2020,  was                                                               
Escopeta Oil  and Gas, considered  the "old Furie,"  and anything                                                               
after June 30,  2020, was managed by John  Hendrix's company, HEX                                                               
LLC, or "new Furie."                                                                                                            
                                                                                                                                
REPRESENTATIVE  JOHNSON sought  to confirm  that the  transfer of                                                               
ownership did not impact the royalty modification.                                                                              
                                                                                                                                
MR. BLACK confirmed, that is correct.                                                                                           
                                                                                                                                
9:25:23 AM                                                                                                                    
                                                                                                                                
MR. BLACK  resumed the  presentation on slide  7, which  showed a                                                               
map of  the lease boundaries  within the unit  and a list  of the                                                               
lessees and  their working  interest.   The combined  interest of                                                               
Cornucopia Oil &  Gas Company, LLC; Furie  Operating Alaska, LLC;                                                               
and Corsair Oil & Gas LLC  total 90 percent and are controlled by                                                               
HEX LLC.   Overall, with 100 percent working interest  there is a                                                               
75  percent  net  revenue interest.    Essentially,  the  state's                                                               
royalty  interest  of 12.5  percent  and  the overriding  royalty                                                               
interests (ORRIs), collectively, of  12.5 percent make a combined                                                               
burden  on KLU  leases  of 25  percent and  a  total net  revenue                                                               
interest for the KLU of 75 percent.                                                                                             
                                                                                                                                
9:28:25 AM                                                                                                                    
                                                                                                                                
MR.  BLACK  continued  to  slide   8,  "KLU  Background     Lease                                                               
Information,"  which   read  as  follows   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     •Overriding Royalty Interests (ORRIs) total 12.50%                                                                         
     •KLU ORRIs were created between 2002-2010                                                                                  
     •Last ORRI transaction was in 2010, five years before                                                                      
     KLU began production                                                                                                       
       •DNR only approves initial creation of an ORRI and                                                                       
     does not take action to approve or post records of any                                                                     
     subsequent assignments of ORRIs                                                                                            
                                                                                                                                
CHAIR CAPENTER  asked for confirmation  that the State  of Alaska                                                               
royalty interest  of 12.5 percent  is paid  by HEX to  the state,                                                               
and the collective  ORRIs of 12.5 percent is also  paid by HEX to                                                               
those owners.                                                                                                                   
                                                                                                                                
MR. BLACK answered yes, that is correct.                                                                                        
                                                                                                                                
9:31:18 AM                                                                                                                    
                                                                                                                                
SENATOR  STEDMAN  pointed  out   that  companies  have  different                                                               
capital structures  and asked why  the ORRIs would  be recognized                                                               
differently  than  those  companies'  debt  level,  or  ownership                                                               
interest, for example.                                                                                                          
                                                                                                                                
CHAIR CARPENTER  asked Mr. Black  to explain why the  ORRIs would                                                               
be  important to  the state's  analysis on  the viability  of the                                                               
KLU.                                                                                                                            
                                                                                                                                
MR.  BLACK pointed  out that  the  royalty modification  statutes                                                               
make reference  to extending the  life of  a field as  per barrel                                                               
costs go up.  He added  that the context of a company's financial                                                               
structure affects  those costs.   This  information, he  said, is                                                               
being  included  as  an  extensive  background  overview  of  the                                                               
entity's costs and  operations and provide context as  to how the                                                               
royalty modification would  change end of field  life and royalty                                                               
return to the state.                                                                                                            
                                                                                                                                
SENATOR STEDMAN  said he would  like to see the  analysis without                                                               
the ORRIs.   He opined that  this sets a precedent  of looking at                                                               
the  capital  structure  when considering  the  tax  and  royalty                                                               
structures throughout the state.                                                                                                
                                                                                                                                
MR. FITZPATRICK  clarified that ORRIs  run with the land  and are                                                               
part of the  property record of that particular  unit, as opposed                                                               
to  being specific  to the  individual  company.   He noted  that                                                               
during  the  course of  royalty  modification,  DNR analyzes  the                                                               
capital  structure  of  a  company  for  the  purpose  of  market                                                               
comparison.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  D  JOHNSON  asked,  if the  state  believes  that                                                               
changing the  royalty share  would help produce  more gas  in the                                                               
Cook Inlet, how  could the other companies  with royalty interest                                                               
be  expected  to   participate  in  the  same   type  of  royalty                                                               
reduction.                                                                                                                      
                                                                                                                                
MR.  FITZPATRICK  explained  that  per  the  statutory  authority                                                               
granted  to  the  department,  royalty  modifications  cannot  be                                                               
actively sought out  by DNR.  Instead, those  decisions are based                                                               
on applications submitted to the  department by the operator.  He                                                               
deferred to Mr. Crowther for further comment.                                                                                   
                                                                                                                                
9:39:36 AM                                                                                                                    
                                                                                                                                
MR.  CROWTHER agreed  that  as a  condition  of the  department's                                                               
royalty modification  authority, DNR cannot  solicit modification                                                               
from owners.  Nor can it  change or adjust royalties once issued.                                                               
He shared his  belief that the net revenue to  the state from the                                                               
KLU  royalty modification  would be  positive.   In addition,  it                                                               
would  extend   gas  production  and   the  end  of   field  life                                                               
projections significantly further.                                                                                              
                                                                                                                                
CHAIR CAPENTER  suggested that  if the  department does  not have                                                               
the ability  to solicit a  royalty reduction that is  intended to                                                               
produce more  gas, perhaps  this concern  should be  addressed by                                                               
the legislature.                                                                                                                
                                                                                                                                
9:41:54 AM                                                                                                                    
                                                                                                                                
MR.  BLACK noted  that Furie  had stated  that it  unsuccessfully                                                               
attempted to reduce  the ORRIs on its own.   In addition, through                                                               
this royalty  modification, DNR is  looking at the things  it has                                                               
control of.   He  reiterated that  once an  ORRIs is  created, it                                                               
runs  with  the  land  and  the  department  does  not  have  the                                                               
authority to  "claw back"  that interest;  however, it  does have                                                               
the statutory authority to consider  royalty modification if it's                                                               
in the best interest of  the state, which Furie demonstrated with                                                               
a  projected  $30 million-plus  in  revenue  to  the state.    He                                                               
resumed the  presentation on  slide 8 and  continued to  slide 9,                                                               
"KLU Background   Production History,"  which featured a graph of                                                               
KLU production history and read  as follows [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     •Current  production  averages ~10,000  thousand  cubic                                                                    
     feet per day (mcf/d)                                                                                                       
     •~ Half comes from A-2a well                                                                                               
     •Declining  reservoir pressures  pose a  risk that  any                                                                    
     well could cease producing                                                                                                 
                                                                                                                                
MR.  BLACK described  the graph  as showing  sustained production                                                               
beginning in  November 2015 with  a period of no  production when                                                               
the sub-sea gathering  line plugged up with  hydrates under prior                                                               
management.  He  emphasized that beyond the  production rate, the                                                               
declining reservoir  pressure could become an  issue that affects                                                               
production and poses a  real risk to end of field  life.  He said                                                               
a royalty  reduction would  help Furie  with its  development and                                                               
re-working of the field.                                                                                                        
                                                                                                                                
9:45:49 AM                                                                                                                    
                                                                                                                                
MR.  BLACK advanced  to slide  10, "Meeting  Statutory Criteria,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     •The  applicant made  a  clear  and convincing  showing                                                                    
     that  the   requested  royalty  modification   met  the                                                                    
     requirements of AS 38.05.180                                                                                               
     •Furie  provided  sufficient  technical  and  financial                                                                    
     information per AS38.05.180(j)(6)                                                                                          
     •DNR  examined cash  flow models,  production profiles,                                                                    
     and financial  statements; held multiple  meetings with                                                                    
     Furie                                                                                                                      
     •Furie  provided  DNR  information both  initially  and                                                                    
     during the review process                                                                                                  
                                                                                                                                
9:46:57 AM                                                                                                                    
                                                                                                                                
MR.  BLACK  turned to  slide  11,  "Meeting Statutory  Criteria,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     •Furie  demonstrated  the  per-barrel-equivalent  costs                                                                    
     increase  will make  future  production uneconomic  per                                                                    
     AS38.05.180(j)(2)                                                                                                          
     •The increase in  per-barrel-equivalent costs is mainly                                                                    
     due to declining production from current wells                                                                             
     •Continued development  of the KLU would  be uneconomic                                                                    
     due to per-barrel-equivalent costs                                                                                         
     •Furie  demonstrated  that royalty  modification  would                                                                    
     prolong    the    economic     life    of    KLU    per                                                                    
     AS38.05.180(j)(1)(B)                                                                                                       
     •Furie showed  that the KLU  would begin  shutting down                                                                    
     in June  2025 as drilling  or reworking wells  would be                                                                    
     uneconomic without relief                                                                                                  
     •With relief, Furie showed how  drilling would occur in                                                                    
     2024 and continue each year  until 2028 with a total of                                                                    
     12 wells                                                                                                                   
     •Furie proposed  a royalty modification  mechanism that                                                                    
     was fixed for  5 years and then sliding  scale based on                                                                    
     price thereafter for a total of 20 years of relief                                                                         
                                                                                                                                
9:49:33 AM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI questioned  the  projected  rate of  return                                                               
that led to the conclusion  that continued development of the KLU                                                               
would be uneconomic.                                                                                                            
                                                                                                                                
MR. BLACK stated  that net present value without  relief would be                                                               
a  negative number;  however, by  granting royalty  modification,                                                               
the  negative number  would  be flipped  to  a positive,  thereby                                                               
making it economic to continue development.                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI  asked for  the  rate  of return  that  the                                                               
calculation is based on.                                                                                                        
                                                                                                                                
MR. FITZPATRICK  reported that the  analysis for  this particular                                                               
application assumed a discount rate of 12.5 percent.                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI   agreed  with   Senator  Stedman   on  the                                                               
importance  of performing  the analysis  without the  ORRIs.   He                                                               
asked whether that analysis had been done.                                                                                      
                                                                                                                                
MR. FITZPATRICK said DNRs analysis  only looked at the field with                                                               
the ORRIs.   He acknowledged that the ORRIs  impact the economics                                                               
of  the  field  because  they're  required  to  be  paid  by  the                                                               
operator.  Consequently,  he shared his belief  that the operator                                                               
does not  have the potential  to eliminate the payment  stream of                                                               
those ORRIs from obligation to the unit.                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  concluded that years ago,  the field became                                                               
burdened by  the ORRIs,  and the  owners are  not taking  cuts on                                                               
their interest,  but the  state is being  forced to  take massive                                                               
cuts on  its royalties to  make up  for bad decisions  from years                                                               
past.                                                                                                                           
                                                                                                                                
MR. FITZPATRICK  agreed that  the ORRIs  were created  from 2002-                                                               
2010  and have  continued to  affect  the unit's  economics.   He                                                               
reiterated  his  belief  that  even  with the  unit  as  is,  the                                                               
consequences  of  the  royalty modification  would  increase  net                                                               
present value  of total return  to the state, extension  of field                                                               
life, and  gas supply.  He  opined that the state  would continue                                                               
to be economically advantaged from this decision.                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI asked whether  the executive branch had ever                                                               
granted royalty  relief for an ORRI.   In addition, if  the state                                                               
were to  terminate the  leases for failure  to produce,  he asked                                                               
whether those ORRIs would disappear.                                                                                            
                                                                                                                                
MR.  CROWTHER   shared  his  belief   that  some  of   the  other                                                               
applications may have  featured ORRIs.  It's  common practice for                                                               
leases to include small ORRIs;  however, the ORRI amount in these                                                               
leases is  admittedly higher  than usual.   He confirmed  that if                                                               
the leases were  terminated, the ORRIs as a  property right would                                                               
also be terminated.                                                                                                             
                                                                                                                                
9:56:06 AM                                                                                                                    
                                                                                                                                
CHAIR CARPENTER  asked whether the  state would have  the ability                                                               
to reduce  the ORRIs  if it were  economically beneficial  to the                                                               
state.                                                                                                                          
                                                                                                                                
MR.  CROWTHER  hesitated  to  speculate   on  the  scope  of  the                                                               
legislature's  legal  authority.   Nonetheless,  he  acknowledged                                                               
that  the  legislature  could  pass laws  that  can  diminish  or                                                               
eliminate  property rights  subject  to different  constitutional                                                               
authorities.  He reiterated that  DNR, however, does not have the                                                               
statutory authority to take such action.                                                                                        
                                                                                                                                
9:57:24 AM                                                                                                                    
                                                                                                                                
MR. BLACK continued the presentation  on slide 12, "Best Interest                                                               
of  the  State,"  which read  as  follows  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
      •DNR's royalty modification expected to extend field                                                                      
     life by 10.5 years                                                                                                         
       •The modification mechanism accounts for price and                                                                       
     production                                                                                                                 
      •DNR model accounted for multiple price and shutdown                                                                      
     scenarios                                                                                                                  
     •Modification is in the best interest of the State per                                                                     
     AS38.05.180(j)(2)                                                                                                          
        •DNR modification extends field life; generates                                                                         
     significant State revenues; offers indirect benefits                                                                       
                                                                                                                                
9:58:46 AM                                                                                                                    
                                                                                                                                
MR. BLACK  proceeded to slide  13, "Best Interest of  the State,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
       •To extend field life, Furie plans to continue its                                                                       
     drilling campaign for a total of 12 wells from the JRP                                                                     
      Drill eight new wells                                                                                                     
     •Re-drill the four existing wells                                                                                          
     •JRP fully drilled out by the end of 2028                                                                                  
                                                                                                                                
9:59:27 AM                                                                                                                    
                                                                                                                                
MR. BLACK turned  to slide 14, "Scenario  Modeling: Key Results,"                                                               
which  featured  a  chart  of   5  different  scenarios  and  the                                                               
following  categories  of  projected outcomes:  State  of  Alaska                                                               
royalty, end of field life,  cumulative production from September                                                               
2024 in million standard cubic  feet (MMSCF), production tax, the                                                               
state's  share of  property tax,  and  total state  revenue.   He                                                               
noted that all numbers are  in millions of dollars and calculated                                                               
with a net present value of  12.5 percent.  The baseline scenario                                                               
of  no royalty  modification anticipates  $1.67 million  in state                                                               
royalty with  an end of  field life  of June 2025  totaling $2.71                                                               
million in total  state revenue.  The most  likely scenario based                                                               
on  Furie's  updated prices  due  to  its updated  contract  with                                                               
ENSTAR Natural  Gas Company anticipates  $17.11 million  in state                                                               
royalty  with an  end of  field  life of  December 2035  totaling                                                               
$40.33 million  in total  state revenue.   He explained  that the                                                               
various  scenarios  were  modeled  to  ensure  that  the  royalty                                                               
modification mechanism  that's selected would not  grant too much                                                               
and  would be  appropriate  for a  prudent  operator to  continue                                                               
development.                                                                                                                    
                                                                                                                                
CHAIR CAPENTER asked how "too much" was determined.                                                                             
                                                                                                                                
MR. BLACK reiterated that the  net present value at this discount                                                               
rate would  become a positive  number.   He opined that  it would                                                               
not be appropriate to grant  a royalty modification that would be                                                               
"giving away  the farm."   He  said it should  do just  enough to                                                               
enable the continued  development of the field  and continued gas                                                               
production from the KLU.                                                                                                        
                                                                                                                                
CHAIR CARPENTER asked  whether the positive number  is subject to                                                               
confidentiality.                                                                                                                
                                                                                                                                
MR. BLACK answered yes.                                                                                                         
                                                                                                                                
MR. CROWTHER  stated that allowing the  cumulative revenue number                                                               
to rise significantly  higher would allow the  operator to profit                                                               
past  the cost  of developing  the field,  so setting  the number                                                               
higher than $713 million would give away too much.                                                                              
                                                                                                                                
CHAIR CARPENTER  asked how the  department is determining  a fair                                                               
product.                                                                                                                        
                                                                                                                                
MR.  CROWTHER said  DNR determined  that recovering  the cost  of                                                               
development with  the reduced royalty  would be  appropriate, but                                                               
profiting  from  the reduced  royalty  once  costs are  recovered                                                               
would not be.                                                                                                                   
                                                                                                                                
CHAIR CARPENTER  repeated his question, asking  whether [Furie's]                                                               
potential profit is part of a confidentiality agreement.                                                                        
                                                                                                                                
MR. FITZPATRICK  answered yes,  certain financial  information is                                                               
subject to confidentiality and cannot be publicly disclosed.                                                                    
                                                                                                                                
CHAIR  CARPENTER  referring  to   slide  14,  asked  whether  the                                                               
modeling  considered  changes to  the  production  tax and  state                                                               
property tax.                                                                                                                   
                                                                                                                                
MR.  FITZPATRICK said  the analysis  is  constrained to  existing                                                               
statutes  and does  not take  into account  potential changes  to                                                               
statutes.  He  added that the amount of  production tax generated                                                               
by  properties in  the  Cook  Inlet tends  to  be relatively  low                                                               
compared to  production tax in other  parts of the state.   Slide                                                               
14  reflects the  property tax  paid  to the  state; however,  an                                                               
equivalent portion  would go  to local  municipalities, providing                                                               
additional benefit to the state.                                                                                                
                                                                                                                                
CHAIR CARPENTER suggested  that tax changes should  be modeled in                                                               
conjunction  with conversations  about overcoming  the structural                                                               
deficit during the next legislative session.                                                                                    
                                                                                                                                
10:13:46 AM                                                                                                                   
                                                                                                                                
MR. BLACK resumed the presentation on slide 15, "Quantified                                                                     
Benefits of Royalty Modification," which read as follows                                                                        
[original punctuation provided]:                                                                                                
                                                                                                                                
     •In the  likely scenario 2, the  quantified benefits of                                                                    
     royalty  modification  over  the  baseline  scenario  1                                                                    
     include:                                                                                                                   
     •$15.44 million (NPV 12.5) more in State royalty                                                                           
     •10.5 years of KLU field life extension                                                                                    
     •63,228 million cubic feet of additional gas                                                                               
     •$6.06 million (NPV 12.5) more in Production Tax                                                                           
     •$16.12  million (NPV  12.5) more  in State's  share of                                                                    
     Property Tax                                                                                                               
     •$37.62 million  (NPV 12.5) incremental  direct revenue                                                                    
     to the State                                                                                                               
                                                                                                                                
10:14:58 AM                                                                                                                   
                                                                                                                                
MR. BLACK advanced to slide 16, "Unquantified Indirect                                                                          
Benefits," which read as follows [original punctuation                                                                          
provided]:                                                                                                                      
                                                                                                                                
     •Ensuring Energy Supply for Alaskans                                                                                       
     •Cook Inlet  utilities face a natural  gas shortfall as                                                                    
     soon as this winter                                                                                                        
     •Continued production  at KLU  provides a  reliable and                                                                    
     potentially  lower-cost alternative  to LNG  imports or                                                                    
     other energy sources                                                                                                       
     •Supports the  energy supply  for both  residential and                                                                    
     industrial  users, including  critical facilities  like                                                                    
     Marathon                                                                                                                   
     •Maintains demand for energy  services and supports the                                                                    
     Cook Inlet  supplier and support services  industry and                                                                    
     sustains  competition and  diversity  among Cook  Inlet                                                                    
     operators, fostering a robust energy sector                                                                                
      Environmental and Other Important Considerations                                                                          
     •Lease  stipulations  mitigate potential  environmental                                                                    
     impacts,   protecting  fish   and  wildlife   habitats,                                                                    
     subsistence activities, and waterfowl areas                                                                                
     •Furie employs 19 staff  and two full-time contractors,                                                                    
     with  84  percent  of  employees  residing  in  Alaska,                                                                    
     supporting local employment and economic activity                                                                          
     •The royalty  modification is an  administrative action                                                                    
     and does  not convey  authority for  operations without                                                                    
     further   regulatory    approvals,   ensuring   ongoing                                                                    
     oversight of environmental and social impacts                                                                              
                                                                                                                                
10:17:59 AM                                                                                                                   
                                                                                                                                
MR.  BLACK  continued  to slide  17,  "DNR  Royalty  Modification                                                               
Mechanism,"   which  read   as   follows  [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     •3 percent  royalty rate per month  until gross revenue                                                                    
     generated  from   KLU  beginning  September   1,  2024,                                                                    
     reaches  a cumulative  amount of  $712 million  ("Gross                                                                    
     Revenue Target")                                                                                                           
     •Accounts for both production and price                                                                                    
     •After  the  Gross  Revenue   Target  is  reached,  the                                                                    
     royalty  rate  returns  to  12.5  percent  and  royalty                                                                    
     modification will expire                                                                                                   
     •Depending   on  price   and  production   levels,  DNR                                                                    
     estimates  royalty  modification  should lapse  in  the                                                                    
     early 2030s                                                                                                                
     •Gross Revenue Target was  generated from total monthly                                                                    
     cost  and expense  estimates for  continued development                                                                    
     from JRP                                                                                                                   
                                                                                                                                
10:23:45 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE CRONK questioned the oil intake of the wells.                                                                    
                                                                                                                                
MR.  BLACK stated  that there  is no  current or  anticipated oil                                                               
production from the  KLU.  However, if a well  were to be drilled                                                               
and oil discovered, the royalty  modification would not apply, as                                                               
it only applies to gas production.                                                                                              
                                                                                                                                
CHAIR  CARPENTER asked  whether  all twelve  wells covered  under                                                               
this  royalty modification  would be  drilled from  the Julius  R                                                               
Platform (JRP).                                                                                                                 
                                                                                                                                
MR. BLACK answered yes, noting that  slide 19 showed a map of the                                                               
seven leases  that the  KLU royalty  modification would  apply to                                                               
and are reachable from the JRP.                                                                                                 
                                                                                                                                
CHAIR CARPENTER  sought to confirm  that the JRP is  the location                                                               
where the gas would come soonest.                                                                                               
                                                                                                                                
MR. CROWTHER reiterated that the  royalty modification focuses on                                                               
production from  the seven leases  and wells associated  with the                                                               
JRP.                                                                                                                            
                                                                                                                                
MR. BLACK added that due to the  smaller size of the JRP, a jack-                                                               
up rig would  be necessary to drill wells from  the platform.  He                                                               
emphasized that the infrastructure is  already in place to do so,                                                               
versus installing a new platform in another location.                                                                           
                                                                                                                                
CHAIR  CARPENTER asked  whether  a second  jack-up  rig had  been                                                               
brought to the Cook Inlet in 2024.                                                                                              
                                                                                                                                
MR. CROWTHER responded that only  one jack-up rig is operating in                                                               
the Cook Inlet at this time.                                                                                                    
                                                                                                                                
10:29:15 AM                                                                                                                   
                                                                                                                                
MR. BLACK  continued the presentation  on slide 18,  "DNR Royalty                                                               
Modification   Mechanism,"  which   read  as   follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     •Minimum royalty rate is 3 percent                                                                                         
     •Subject to routine DNR royalty audit                                                                                      
      •DNR shall have the right to obtain expense invoices                                                                      
     and financial/accounting records from Furie every six                                                                      
     months                                                                                                                     
      •DNR shall have the right, upon notice to Furie, to                                                                       
       terminate the royalty modification in whole or in                                                                        
     part:                                                                                                                      
          •If    criteria    of   AS38.05.180(j)(1)(B)    or                                                                    
          38.05.180(j)(2) are no longer met                                                                                     
          •If DNR  finds KLU operator  to be in  default per                                                                    
          11AAC83.374 (failure  to comply  with terms  of an                                                                    
          approved plan of development),  and the default is                                                                    
         not cured, royalty modification will terminate                                                                         
        •Royalty modification can only be assigned upon                                                                         
     written approval of the Commissioner                                                                                       
    •Royalty   modification    applied   retroactively   to                                                                     
     September 1, 2024                                                                                                          
                                                                                                                                
CHAIR CARPENTER asked how long it  would take on average to reach                                                               
the $712 million, as suggested by the modeling.                                                                                 
                                                                                                                                
MR. BLACK  said modeling suggests  that the gross  revenue target                                                               
of $712  million would be  reached somewhere in the  early 2030s,                                                               
wherein the royalty modification would  expire and return back to                                                               
the 12.5 percent.                                                                                                               
                                                                                                                                
10:32:12 AM                                                                                                                   
                                                                                                                                
MR.  BLACK  concluded  on slide  19,  "DNR  Royalty  Modification                                                               
Mechanism," which featured a map of  the seven leases and read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     •Royalty modification applies to seven leases:                                                                             
     •ADLs 389196, 389197, 389198, 389507, 389514, 389515,                                                                      
     and 389923                                                                                                                 
     •KLU Tracts 10, 9, 12, 16, 6, 13, and 17 respectively                                                                      
                                                                                                                                
MR. BLACK noted that a scrivener's  error was made with regard to                                                               
the KLU tract  numbers in the preliminary findings  document.  He                                                               
said the  error has  been fixed  on slide  19 and  the correction                                                               
would be made in the final best interest finding.                                                                               
                                                                                                                                
10:33:43 AM                                                                                                                   
                                                                                                                                
MS.  PAINE concluded  the presentation  on  slide 20,  "Summary,"                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
      •Royalty modification is in the best interest of the                                                                      
     State per AS38.05.180(j)(2)                                                                                                
     •3 percent royalty rate per month until gross revenue                                                                      
        generated from KLU beginning September 1, 2024,                                                                         
     reaches a cumulative amount of $712 million                                                                                
     •Applies to seven leases in the KLU                                                                                        
        •10.5 years of field life extension, 63.2 BCF of                                                                        
       incremental gas, and $37.62 million (NPV 12.5) in                                                                        
     estimated incremental direct benefit to the State                                                                          
                                                                                                                                
CHAIR  CARPENTER,  referring  to   page  16  of  the  Preliminary                                                               
Findings and Fetermination document,  read that the best interest                                                               
finding is  contingent upon agreeing  to amend  the Dismantlement                                                               
Removal,  and Restoration  Financial  Assurances  Agreement.   He                                                               
asked whether  there are any  anticipated hurdles to  making that                                                               
happen.                                                                                                                         
                                                                                                                                
MR.  CROWTHER  answered  no, DNR  anticipates  working  with  the                                                               
operator to effectuate the amendment without any challenges.                                                                    
                                                                                                                                
10:35:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOSEPHSON invited the  department to discuss how a                                                               
statutory  reduction would  have been  better or  worse than  the                                                               
proposed  regulatory reduction.   He  surmised that  this process                                                               
would be longer and more cumbersome.                                                                                            
                                                                                                                                
MR. CROWTHER  acknowledged that preparing a  royalty modification                                                               
application is  a significant  undertaking by  the operator.   In                                                               
addition, the department  has devoted hundreds of  staff hours to                                                               
this  effort, which  is standard  for this  practice.   He agreed                                                               
that when  there's a strong  public policy interest,  a statutory                                                               
general modification  would result  in administrative  savings to                                                               
the state.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  shared  his understanding  that  Furie                                                               
would cite a lack of  jack-up rig opportunities as a contributing                                                               
factor.   He  asked whether  DNR could  recommend something  that                                                               
would be curative of that problem.                                                                                              
                                                                                                                                
MR. CROWTHER  acknowledge that an  additional rig may  be helpful                                                               
in the  Cook Inlet; however,  DNR does not have  direct authority                                                               
to enable,  finance, or compel a  second rig.  He  said setting a                                                               
specific  well  target  would  obligate  a  producer  to  somehow                                                               
achieve that  and may  indirectly create pressure  to bring  in a                                                               
second rig to meet those commitments.                                                                                           
                                                                                                                                
10:43:33 AM                                                                                                                   
                                                                                                                                
SENATOR KAUFMAN asked  whether any modeling had been  done on the                                                               
changing energy portfolio in the Railbelt.                                                                                      
                                                                                                                                
MR.  CROWTHER said  the  department has  not  developed a  global                                                               
model  of state  revenue associated  with the  energy mix  in the                                                               
Cook Inlet.                                                                                                                     
                                                                                                                                
SENATOR KAUFMAN inquired about the  total impact to revenues with                                                               
any kind of energy transition from the status quo.                                                                              
                                                                                                                                
MR. CROWTHER explained  that because the natural gas  in the Cook                                                               
Inlet is a  state-produced resource, there are  state royalty and                                                               
production  taxes and  property  taxes associated  with  it.   If                                                               
different kinds of  energy generation were to  be imported, there                                                               
may  be  less  mineral  royalty and  more  property  tax  revenue                                                               
associated with it.   He said its   hard for DNR to  speak to the                                                               
scope and scale of those relative potentials.                                                                                   
                                                                                                                                
10:48:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  CRONK  conveyed  Alaskans' frustration  with  the                                                               
inability  to  discern  a reasonable  profit  margin  because  of                                                               
confidentiality  agreements.   He  emphasized  the importance  of                                                               
maximizing  state revenue  and questioned  whether  the state  is                                                               
getting  the  best return,  despite  wanting  these companies  in                                                               
Alaska to produce energy and jobs.  He recognized the need to                                                                   
trust the department on these issues.                                                                                           
                                                                                                                                
10:49:38 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the                                                                       
Legislative Budget and Audit Committee meeting was adjourned at                                                                 
10:49 a.m.                                                                                                                      

Document Name Date/Time Subjects
2024 12 23 LBA DNR DOG Furie KLU Royalty Modification Presentation.pdf JBUD 12/23/2024 9:00:00 AM
DNR Presentation
12.6.24 KLU Royalty Modification Preliminary BIF.pdf JBUD 12/23/2024 9:00:00 AM
Preliminary Royalty Modification