Legislature(2007 - 2008)HOUSE FINANCE 519

01/22/2008 01:30 PM House FINANCE


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01:35:35 PM Start
01:36:20 PM Presentation: Oil and Gas Activities
02:34:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Oil and Gas Activities TELECONFERENCED
by Dir. Kevin Banks, Div. of Oil & Gas
                   HOUSE FINANCE COMMITTEE                                                                                      
                      January 22, 2008                                                                                          
                          1:35 P.M.                                                                                             
                                                                                                                                
 CALL TO ORDER                                                                                                                
                                                                                                                                
 Co-Chair Meyer called the House Finance Committee meeting to                                                                   
 order at 1:35:35 PM.                                                                                                         
                                                                                                                                
 MEMBERS PRESENT                                                                                                              
                                                                                                                                
 Representative Mike Chenault, Co-Chair                                                                                         
 Representative Kevin Meyer, Co-Chair                                                                                           
 Representative Bill Stoltze, Vice-Chair                                                                                        
 Representative Harry Crawford                                                                                                  
 Representative Les Gara                                                                                                        
 Representative Mike Hawker                                                                                                     
 Representative Reggie Joule                                                                                                    
 Representative Mike Kelly                                                                                                      
 Representative Mary Nelson                                                                                                     
 Representative Bill Thomas Jr.                                                                                                 
                                                                                                                                
                                                                                                                                
 MEMBERS ABSENT                                                                                                               
                                                                                                                                
 Representative Richard Foster                                                                                                  
                                                                                                                                
 ALSO PRESENT                                                                                                                 
                                                                                                                                
 Kevin Banks, Acting Director, Division of Oil & Gas,                                                                           
 Department of Natural Resources                                                                                                
                                                                                                                                
 GENERAL SUBJECT(S):                                                                                                          
                                                                                                                                
The  following  overview  was  taken in  log  note  format.                                                                     
Handouts will be  on file with  the House Finance Committee                                                                     
through  the  25th Legislative  Session,  contact 465-6814.                                                                     
After the  25th Legislative Session they  will be available                                                                     
through the Legislative Library at 465-3808.                                                                                    
                                                                                                                              
            ^PRESENTATION: OIL AND GAS ACTIVITIES                                                                               
                                                                                                                                
 TIME        SPEAKER         DISCUSSION                                                                                     
 1:36:20 PM Co-Chair Meyer  Convened the House Finance Committee in                                                           
                             order  to  take  testimony  from  Kevin                                                            
                             Banks, Director, Division of Oil & Gas,                                                            
                             Department of Natural Resources on  the                                                            
                             statewide oil and gas activities.                                                                
 1:36:36 PM KEVIN    BANKS, Provided members with a handout -                                                                 
             ACTING          "State of Alaska, Division of Oil and                                                              
             DIRECTOR,       Gas, Oil and Gas Activities".  (Copy on                                                            
             DIVISION    OF  File).    He provided  an  overview  of                                                            
             OIL   &   GAS,  current  North   Slope  &  Cook   Inlet                                                          
            DEPARTMENT OF investments.                                                                                        
            NATURAL                                                                                                             
            RESOURCES                                                                                                           
1:37:20 PM Mr. Banks        Referenced Page 29, the North Slope Oil                                                           
                            and Gas  Activity from 2006-2008.  Pink                                                             
                            boxes   represent   activity  presently                                                             
                            occurring:    Chevron,   White    Hills                                                             
                            Program,   Renaissance  Umiat  proposed                                                             
                            drilling  and seismic program,  and the                                                             
                            Anadarko-Petro-Canada,   Bubik/chandler                                                             
                            drilling program.                                                                                   
                            He  pointed  out  that the  highlighted                                                             
                            programs (15 of  them) are intended for                                                             
                            drilling over the next two years.                                                                 
1:39:51 PM Mr. Banks        Continued,   the    Renaissance   Umiat                                                           
                            proposes  a winter  trail south  of the                                                             
                            Dalton  Highway  for  drilling  into  a                                                             
                            National    Petroleum    Reserve-Alaska                                                             
                            (NPRA) oil prospect.  The Anadarko-                                                                 
                            Petro  project is strictly gas.   There                                                             
                            has  been previous  exploration in  the                                                             
                            others.                                                                                           
1:40:33 PM Mr. Banks        Indicated that there are new drilling                                                             
                            techniques.  Chevron has stepped into a                                                             
                            delineation  program.   The delineation                                                             
                            stage of the process is as important as                                                             
                            the  actual  exploration and  could  be                                                             
                            more  costly, requiring  more drilling.                                                             
                            There   are   greater  potentials   for                                                             
                            failure  as the  oil does  not  flow as                                                             
                            well with other development situations.                                                           
1:42:05 PM Mr. Banks        Mentioned the activities on the North                                                             
                            Slope and how  the new tax bill affects                                                             
                            them.   He indicated it is  too soon to                                                             
                            determine    how    it   affects    new                                                             
                            investments;  they   are  a  deductable                                                             
                            cost.   The Colville  River unit  is an                                                             
                            exploration well, intended to be moving                                                             
                            forward in February, 2008.                                                                          
                            The  Kuparuk  River  (KRU) project  for                                                             
                            ConocoPhillips is advancing,  as is the                                                             
                            West Sak Trader Bluff reservoir.   They                                                             
                            have drilled eight development wells in                                                             
                            the   Tarn  reservoir  with   the  KRU,                                                             
                            resulting   in   application   for   an                                                             
                            expansion of the Tarn Area.                                                                       
1:44:14 PM Mr. Banks        The Department anticipates good results                                                           
                            from the  Oooguruk Unit.  Production is                                                             
                            anticipated within the next six months.                                                             
                            A  facility access  agreement with  the                                                             
                            owners is close to being reached.                                                                 
1:45:07 PM Mr. Banks        Referenced Page 33, which indicates the                                                           
                            Anadarko reentering  the Jacob's Ladder                                                           
                             Well Unit  during  the winter  drilling                                                            
                             season  with a  deviated  hole  to  the                                                            
                             Lisburne drilling target.                                                                          
                             The Brooks Range Petroleum company is a                                                            
                             prospect,  which is  north  of  Prudhoe                                                            
                             Bay.   There  have  been concerns  with                                                            
                             facility access.                                                                                 
 1:46:12 PM Mr. Banks        Indicated that ENI, an oil Italian                                                               
                             company last year, drilled Rock Flour 2                                                            
                             and 3 wells and the Maggiore well.  ENI                                                            
                             is  the  operator  for  the  Nikaitchuq                                                            
                             project, which  was rewarded a  royalty                                                            
                             modification  that  lowered  the  lease                                                            
                             rate to 5%  when the prices dropped  to                                                            
                             $42 dollars. The  project will rely  on                                                            
                             its own standalone facility, delivering                                                            
                             oil directly to the Kuparuk pipeline.                                                            
 1:47:43 PM Mr. Banks        Addressed NPRA activities.  The federal                                                          
                             government  has  not  yet  conducted  a                                                            
                             second lease sale.  Companies will then                                                            
                             need to formalize those  land positions                                                            
                             to   be   able    advance   exploration                                                            
                             programs.                                                                                        
 1:48:33 PM Representative Inquired about the royalty adjustment                                                              
             Crawford        effect on the Permanent Fund rate.                                                                 
                             Mr. Banks explained that if it falls to                                                            
                             5%,  then 25%  of  that 5%  would  move                                                            
                             directly to  the Permanent  Fund.   The                                                            
                             Fund will share that reduction.                                                                  
             Representative Understood that under the Petroleum                                                                 
             Crawford        Production Tax (PPT), indicated that                                                               
                             any lease expenses paid to the owner of                                                            
                             a facility, would be required  to count                                                            
                             as  income.    He  questioned  if  that                                                            
                             should be repealed.                                                                                
                             Mr. Banks explained the impact of a net                                                            
                             tax on the  facility sharing agreement,                                                            
                             caused by revenue or income paid by the                                                            
                             company wanting  access.   That  amount                                                            
                             would count against the revenue for the                                                            
                             PPT  taxes.   The  margins  could  grow                                                            
                             before facility sharing, increasing the                                                            
                             facility   production    tax.       The                                                            
                             Department did  not realize that  there                                                            
                             are "hold-harmless" arrangements and as                                                            
                             a  consequence,  the  company  entering                                                            
                             makes   the  owner   "whole"   in   the                                                            
                             arrangement.   By isolating revenue  of                                                            
                             the facility owner, the  problems could                                                            
                            be solved.                                                                                        
 1:52:36 PM Co-Chair         Asked the difference of offering a                                                               
             Chenault        royalty   reduction   versus   a    tax                                                            
                            reduction.                                                                                        
                            Mr.  Banks  replied  that  the  royalty                                                             
                            modification is a tool available to the                                                             
                            Department  and  the  applicant.    The                                                             
                            Department evaluates the project, using                                                             
                            the  most recent tax  statutes in which                                                             
                            the  applicant  must  provide  a  clear                                                             
                            showing  that the royalty  reduction is                                                             
                            efficient  and effective,  changing the                                                             
                            economics of the  project.  The royalty                                                             
                            modification  can lead  to a  change of                                                             
                            behavior.                                                                                         
1:55:17 PM Co-Chair         worried that a royalty reduction could                                                            
            Chenault        reduce the Permanent Fund amount.                                                                   
                            Mr. Banks  suggested that it would vary                                                             
                            depending  on  each  case and  involves                                                             
                            economic  scrutiny.     That  applicant                                                             
                            information can be daunting.                                                                      
1:56:37 PM Representative Asked if it was essential that the                                                                  
            Gara            project be clear and economic.  Mr.                                                                 
                            Banks said it was.                                                                                  
                            Representative      Gara     encouraged                                                             
                            consideration is made  for switching to                                                             
                            a tax relief system.                                                                              
1:57:34 PM Representative Voiced confusion with regard to the                                                                 
            Hawker          royalty relief, which lessens the                                                                   
                            government   take.     During   Special                                                             
                            Session,  there was  discussion framing                                                             
                            the  Administration's perspective  that                                                             
                            higher   tax   rates   create  a   more                                                             
                            attractive  investment  climate.     He                                                             
                            questioned the  change in philosophy to                                                             
                            reduce     the     rate,    encouraging                                                             
                           investment.                                                                                          
                            Mr.  Banks explained that  decision had                                                             
                            been based on  the date provided by the                                                             
                            applicants   and   the  downside   risk                                                             
                            affecting  applicant's  behavior.    At                                                             
                            high prices, the project is economic at                                                             
                            the  existing  lease  rate.   The  full                                                             
                            lease  rate  is  12.5%-16  2/3%.    The                                                             
                            proposed  is  triggered above  the  $42                                                             
                            dollars, at  which the lease  rate will                                                             
                            drop  to  5%.    The  plan targets  one                                                             
                            aspect and  one set of  outcomes in the                                                             
                           evaluation.                                                                                        
2:01:24 PM Representative Asked if it would be "universally                                                                   
            Hawker          applicable".  Mr. Banks did not know.                                                               
                            He added that the project is unique and                                                             
                            involves many wells.                                                                                
                            Representative  Hawker noted  that when                                                             
                            prices  decline, the  arrangement would                                                             
                            not  be economically beneficial  to the                                                             
                            government.   He asked if  there were a                                                           
                             normalization  of  oil   prices,  would                                                            
                             there   be   more   requests   by   the                                                            
                             Department    for    royalty     relief                                                            
                             applications.   Mr. Banks thought  that                                                            
                             was  a  possibility.     Representative                                                            
                             Hawker    stressed    that    statement                                                            
                             contradicts testimony taken during  the                                                            
                             Special Session.                                                                                 
 2:03:46 PM Representative Pointed out that the cost of facilities                                                            
             Gara            access was higher than anticipated,                                                                
                             questioning if  it  could be  addressed                                                            
                             through  the  explorer  royalty  relief                                                            
                             without changing statute.                                                                          
                             Mr. Banks  responded that changing  the                                                            
                             royalty  rate (between  12.5%  and  5%)                                                            
                             would be  addressed on a  case by  case                                                            
                             base.                                                                                            
 2:05:12 PM Representative Recalled testimony regarding the higher                                                            
             Gara            rate,   the    more   attractive    the                                                            
                             investment  is   and   questioned   why                                                            
                             consideration had been  made to  reduce                                                            
                             royalty.  The higher the tax  rate, the                                                            
                             more the applicant gets to deduct.                                                                 
                             Mr. Banks interjected that if  that was                                                            
                             not enough, royalty relief could be  an                                                            
                             option.                                                                                          
 2:06:52 PM Mr. Banks        Addressed activity in the Cook Inlet.                                                            
                             In    the     Beluga    River     Unit,                                                            
                             ConocoPhillips  conducted   a   seismic                                                            
                             survey determining that  the area is  a                                                            
                             gas prospect.  There  was an  agreement                                                            
                             between  the State  and  ConocoPhillips                                                            
                             for  the   LNG   license.     In   that                                                            
                             agreement, ConocoPhillips and  Marathon                                                            
                             will  drill at  the  Beluga  River  and                                                            
                             Ninichik Unit.  Marathon has  also made                                                            
                             a commitment  to drill  three wells  at                                                            
                             the Kenai gas  fields.   Both companies                                                            
                             have agreed  to sell  seismic data  for                                                            
                             others   coming  in   for   exploration                                                            
                             prospects  and  are   addressing  unmet                                                            
                             needs of the local utilities.                                                                    
 2:09:47 PM Mr. Banks        There is a plan for exploration in the                                                           
                             North    Alexander-Escioeta    project,                                                            
                             decisions  made  independently.     Not                                                            
                             having  a   jack-up-rig  is   a   major                                                            
                             impediment    for     the     off-shore                                                            
                             development in Cook Inlet.  Those costs                                                            
                             can  not  be bore  by  a  single  well,                                                            
                             requiring a multi year program.                                                                    
                             Mr. Banks  pointed  out that  Armstrong                                                            
                             gas, North Fork  Unit was moving  ahead                                                            
                             with a second well being drilled.                                                                
                            The  Aurora Gas/Nicolai  Creek Unit  is                                                             
                            currently active.                                                                                 
2:11:55 PM Mr. Banks        Continued, Pages 25 & 26, indicate the                                                            
                            status  of exploration licenses  in the                                                             
                            Interior  noting the status  reports on                                                             
                            licensing in the Interior.                                                                          
                            The Nenana  Basin was licensed by Andex                                                             
                            Resources  and   is  looking   for  new                                                             
                            partners for that prospect.                                                                         
                            The  Healy  Coal Bed  license has  been                                                             
                            receiving     support    from     local                                                             
                            government,  being  transferred to  the                                                             
                            Pacific Energy.                                                                                     
                            Currently,    there    are   two    new                                                             
                            applications  for  Crooked Creek-Circle                                                             
                            and   Houston-Willow  licensing.    The                                                             
                            licenses will  be awarded based  on the                                                             
                            size of a  work commitment.  During the                                                             
                            work,  the  area is  explored and  then                                                             
                            converted to an oil and gas lease.                                                                
2:13:52 PM Mr. Banks        Addressed commercial concerns and the                                                             
                            knowledge of  the Department's resource                                                             
                            evaluation staff experience  in oil and                                                             
                            gas.                                                                                                
                            The  New  Petroleum  Systems  Integrity                                                             
                            Office  (PSIO)  developed a  monitoring                                                             
                            program.   PSIO is  moved to  the North                                                             
                            Slopes  when  incidents  occur  needing                                                             
                            coordination.                                                                                       
                            The   Division  anticipates  requesting                                                             
                            reservoir modeling performance.                                                                   
2:16:42 PM Mr. Banks        Spoke about the gas produced on the                                                               
                            North Slope minimizing oil lose and how                                                             
                            gas in  Prudhoe Bay might contribute to                                                             
                            other   units,   while  attempting   to                                                             
                            optimize  projects   for  the   use  of                                                             
                            natural  gas.   The  timing issues  are                                                             
                            important  to the  Division of  Oil and                                                             
                            Gas.                                                                                              
2:17:36 PM Co-Chair         Inquired if reservoir modeling would be                                                           
            Chenault        a one time issue.                                                                                   
                            Mr.  Banks responded  that  the initial                                                             
                            request was for $3 million with a total                                                             
                            of $10 million dollars; a major portion                                                             
                            of   that    is   related   to   paying                                                             
                            consultants  to design  and build.   He                                                             
                            did   not   anticipate  requesting   $3                                                             
                            million every year.                                                                                 
                            Co-Chair  Chenault  worried  about  the                                                             
                            request becoming  an operating expense;                                                             
                            presently,  it is  listed  under "other                                                             
                            funds".                                                                                             
                            Co-Chair   Chenault   referenced   Cook                                                           
                             Inlet, Marathon  drilling in the  areas                                                            
                             of Beaver Creek/Wolf Lake.   He assumed                                                            
                             that gas  injection wells into  Swanson                                                            
                             River  field area  were  needed  during                                                            
                             colder  times   of   the  year.      He                                                            
                             questioned  the   efficiency   of   the                                                            
                             project.                                                                                           
                             Co-Chair  Chenault  mentioned  the  LNG                                                            
                             license  extension   proposed  by   the                                                            
                             Administration and  worried  about  the                                                            
                             amount of movement that has appeared on                                                            
                             the  concerns.   A  unique  feature  is                                                            
                             backing the  gas  out as  performed  by                                                            
                             ConocoPhillips.                                                                                    
                             He acknowledged that many issues remain                                                            
                             on  the   table,   yet  applauded   the                                                            
                             movement taken by certain companies.                                                             
 2:23:03 PM Co-Chair Meyer  Voiced concerns regarding wildlife                                                                
                             placed on  the endangered species  list                                                            
                             and how that  could affect work on  the                                                            
                             North Slope.                                                                                       
                             Mr.   Banks   agreed   that   proposals                                                            
                             affecting the  Beluga whale  were of  a                                                            
                             particular concern.  It might affect an                                                            
                             entire area boundary between the  Outer                                                            
                             Continental  Shelf   and  the   Susitna                                                            
                             River.   He  reiterated that  it  is  a                                                            
                             concern of the Department.                                                                         
                             He anticipated  that polar bears  would                                                            
                             not be affected by oil and gas drilling                                                            
                             activities  contributing  to  loss   of                                                            
                             their habitat.   The Continental  Shelf                                                            
                             area plays  a significant  role in  the                                                            
                             vitality of the industry in Alaska.                                                              
 2:25:44 PM Co-Chair Meyer  Inquired if the Administration was                                                                
                             attempting to protect those areas while                                                            
                             at  the   same  time,  addressing   the                                                            
                             species concerns.                                                                                  
                             Mr. Banks attempted to provide the best                                                            
                             information available  when  responding                                                            
                             to each major  species designation; the                                                            
                             Administration   plans   to   take   an                                                            
                             aggressive position when responding  to                                                            
                             federal government designations.                                                                 
 2:27:01 PM Representative Commented that the beluga population                                                               
             Joule           was increasing.                                                                                    
                             Mr. Banks understood that  was correct,                                                            
                             however,  pointed  out   there  remains                                                            
                             concern.    Representative  Joule  said                                                            
                             that he  had  spotted some  young  grey                                                            
                             belugas   during  the   recent   summer                                                            
                             months, which was unusual.                                                                       
 2:28:18 PM Vice-Chair       Commented on a hearing in the Homer                                                              
            Stoltze         area with the federal government to                                                                 
                            discuss the issues.                                                                               
2:29:10 PM Co-Chair Meyer Inquired about oil and gas activity in                                                              
                            the Nenana area.                                                                                    
                            Mr.  Banks advised  that Shell  Oil had                                                             
                            acquired  leases  south of  the  "sweet                                                             
                            spot"  in the off-shore  North Aleutian                                                             
                            basin.   There exists  potential gas in                                                             
                            that small and isolated area.                                                                       
                            The  last lease  sale in  the Peninsula                                                             
                            area was in Spring 2007 and it received                                                             
                            one  bid.   There will  be  another one                                                             
                            soon.  There  is now a licensing in the                                                             
                            Nenana area, however, it is speculative                                                             
                            to explore in that region.                                                                        
2:31:46 PM Co-Chair Meyer  Recalled that the first oil discovered                                                             
                            in  Alaska was in  Yakutat.   Mr. Banks                                                             
                            reported  that  the  first was  in  the                                                             
                            Copper  Mine in  Endicott  and did  not                                                             
                            know of any current activity there.                                                               
2:32:22 PM Co-Chair Meyer  Asked if the Division was satisfied                                                                
                            with the  current activity on the North                                                             
                            Slope.                                                                                              
                            Mr.  Banks  made clear  that there  had                                                             
                            been   more  activity   in   2007  than                                                             
                            anticipated  is  anticipated  in  2008.                                                             
                            The  programs   are  expensive  with  a                                                             
                            process  that  involves an  exploration                                                             
                            phase,  delineation,  & pre-development                                                             
                            phase.   All of which,  involve a large                                                             
                            expenditure of money.                                                                               
                            It  has been advantageous for  the NRPA                                                             
                            to have the net tax system in place.                                                              
2:34:48 PM Co-Chair Meyer  ADJOURNMENT                                                                                      
                                                                                                                                
                            The meeting was adjourned at 2:36 PM                                                              
                                                                                                                              

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