Legislature(2007 - 2008)FBX LIO Conf Rm

09/10/2008 09:00 AM House JUDICIARY


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09:14:06 AM Start
09:15:29 AM Overview(s): Matters Pertaining to the High Gas and Heating Oil Prices in Alaska
03:57:37 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Matters pertaining to the high gas and
heating oil prices in Alaska and why gas
prices have fallen in the Lower 48 but
not in Alaska
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       Fairbanks, Alaska                                                                                        
                       September 10, 2008                                                                                       
                           9:14 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair (via teleconference)                                                                 
Representative John Coghill                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  MATTERS PERTAINING TO THE HIGH GAS AND HEATING OIL                                                                
PRICES IN ALASKA AND WHY GAS PRICES HAVE FALLEN IN THE LOWER 48                                                                 
BUT NOT IN ALASKA                                                                                                               
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LOIS HEIN, Co-Owner                                                                                                             
Riverview Quick Stop, Inc.                                                                                                      
North Pole, Alaska                                                                                                              
POSITION STATEMENT:  Provided comments and responded to                                                                       
questions during the presentation on matters pertaining to the                                                                  
high gasoline and heating oil prices in Alaska.                                                                                 
                                                                                                                                
REPRESENTATIVE DAVID GUTTENBERG                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Asked questions during the presentation on                                                               
matters pertaining to the high gasoline and heating oil prices                                                                  
in Alaska.                                                                                                                      
                                                                                                                                
CLYDE (ED) SNIFFEN, JR., Senior Assistant Attorney General                                                                      
Commercial/Fair Business Section                                                                                                
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Provided comments  and answered  questions                                                             
during  the  presentation  on  matters  pertaining  to  the  high                                                               
gasoline and heating oil prices in Alaska.                                                                                      
                                                                                                                                
REPRESENTATIVE MIKE HAWKER                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Provided  comments  and  asked  questions                                                             
during  the  presentation  on  matters  pertaining  to  the  high                                                               
gasoline and heating oil prices in Alaska.                                                                                      
                                                                                                                                
JANE W. PIERSON, Staff                                                                                                          
to Representative Jay Ramras                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Responded  to  a   question  during  the                                                             
presentation  on  matters pertaining  to  the  high gasoline  and                                                               
heating oil prices in Alaska.                                                                                                   
                                                                                                                                
REPRESENTATIVE BOB ROSES                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Asked  questions  and  provided  comments                                                             
during  the  presentation  on  matters  pertaining  to  the  high                                                               
gasoline and heating oil prices in Alaska.                                                                                      
                                                                                                                                
JEFF COOK, Director                                                                                                             
External Affairs                                                                                                                
Flint Hills Resources                                                                                                           
North Pole, Alaska                                                                                                              
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during  the presentation  on matters pertaining  to the                                                               
high gasoline and heating oil prices in Alaska.                                                                                 
                                                                                                                                
REPRESENTATIVE SCOTT KAWASAKI                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Asked  questions  and  provided  comments                                                             
during  the  presentation  on  matters  pertaining  to  the  high                                                               
gasoline and heating oil prices in Alaska.                                                                                      
                                                                                                                                
DOUG CHAPADOS, President                                                                                                        
Petro Star Inc. (PSI)                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during  the presentation  on matters pertaining  to the                                                               
high gasoline and heating oil prices in Alaska.                                                                                 
                                                                                                                                
KIP KNUDSON, Manager                                                                                                            
External Affairs                                                                                                                
Tesoro Alaska Company                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during  the presentation  on matters pertaining  to the                                                               
high gasoline and heating oil prices in Alaska.                                                                                 
                                                                                                                                
RAY WEST, Senior Corporate Counsel                                                                                              
Safeway, Inc.                                                                                                                   
Pleasanton, California                                                                                                          
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during  the presentation  on matters pertaining  to the                                                               
high gasoline and heating oil prices in Alaska.                                                                                 
                                                                                                                                
GLENDA WOOD, Director                                                                                                           
Pricing and Promotion                                                                                                           
Safeway, Inc.                                                                                                                   
Pleasanton, California                                                                                                          
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during  the presentation  on matters pertaining  to the                                                               
high gasoline and heating oil prices in Alaska.                                                                                 
                                                                                                                                
JOE GULLEY, Manager                                                                                                             
Denali District                                                                                                                 
Safeway, Inc.                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during  the presentation  on matters pertaining  to the                                                               
high gasoline and heating oil prices in Alaska.                                                                                 
                                                                                                                                
LISA SUNDBORG, Office Manager                                                                                                   
Alaska Petroleum Distributing Inc.                                                                                              
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:     Provided   comments  and   responded  to                                                             
questions during  the presentation  on matters pertaining  to the                                                               
high gasoline and heating oil prices in Alaska.                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting  to  order at  9:14:06  AM.   Representatives  Gruenberg,                                                             
Dahlstrom (via  teleconference), Holmes, and Ramras  were present                                                               
at  the call  to order.   Representative  Coghill arrived  as the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^Overview(s):   Matters pertaining  to the  high gas  and heating                                                             
oil prices in Alaska                                                                                                          
                                                                                                                                
9:15:29 AM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the only order of  business would be                                                               
consideration of matters  pertaining to the high  gas and heating                                                               
oil prices in Alaska and why  gas prices have fallen in the Lower                                                               
48 but not in Alaska.                                                                                                           
                                                                                                                                
CHAIR  RAMRAS  relayed that  he  and  Representative Harris  have                                                               
discussed the issue of rising  retail gasoline prices and whether                                                               
they  are the  result  of "pricing  power" in  the  market or  of                                                               
inefficiencies in the  market due to volume  issues - consumption                                                               
[volume]  or production  [volume].   He offered  his recollection                                                               
that  antitrust  issues  were  investigated  during  the  Knowles                                                               
Administration, and  the Department  of Law (DOL)  concluded that                                                               
the  pricing situation  at that  time  was not  due to  antitrust                                                               
behavior but was  simply the result of the market.   He mentioned                                                               
that the hearing  today would be largely  informational; that Mr.                                                               
Sniffen  from the  DOL  would  be providing  an  overview of  the                                                               
State's  current  ongoing  inquiry  into these  matters;  that  a                                                               
follow-up hearing would be held in  about a month; that the House                                                               
Judiciary Standing Committee  will be producing a  report for the                                                               
legislature; and  that energy  issues and the  cost of  fuel oil,                                                               
gasoline, and natural gas are of importance to constituents.                                                                    
                                                                                                                                
9:21:32 AM                                                                                                                    
                                                                                                                                
LOIS HEIN, Co-Owner,  Riverview Quick Stop, Inc.,  relayed that a                                                               
couple of  weeks ago  she'd called for  delivery of  gasoline but                                                               
couldn't  get  it  because  of a  slow-down  in  production,  and                                                               
therefore  had to  "bag  off" the  pumps at  her  station.   Upon                                                               
contacting  Alaska  Petroleum  Distributing Inc.  and  Big  State                                                               
Logistics,  Inc., she  discovered that  "if we  couldn't get  gas                                                               
through the  refinery, we  were going  to have to  ship it  in by                                                               
rail car," which  would result in increased cost  to consumers at                                                               
the pump.   Not  having gas  at the pumps  during bad  times, she                                                               
remarked, makes things  even worse, and these  are very difficult                                                               
times right  now.   She noted  that her  customers have  signed a                                                               
petition against  the high price  of fuel in Fairbanks;  they are                                                               
distressed that gasoline prices across  the nation are going down                                                               
as is the price per barrel  of oil and yet those decreases aren't                                                               
reflected in the price they are paying at the pump.                                                                             
                                                                                                                                
MS. HEIN noted  that there had been a $.20  decrease in the price                                                               
of [gasoline] a couple of weeks  ago, as well as an $.08 decrease                                                               
when the governor's legislation  repealing the State's motor fuel                                                               
tax  took effect.   She  expressed favor  with the  investigatory                                                               
efforts being undertaken, adding that  many people feel that they                                                               
have no recourse, and that she is  seeing a lot of people who are                                                               
going to have  to move.  In response to  questions, she indicated                                                               
that  many people  signed the  aforementioned petition,  and that                                                               
she would be  providing the signed petition to  the committee and                                                               
to Governor Palin.                                                                                                              
                                                                                                                                
CHAIR  RAMRAS said  the committee  would  include a  copy in  its                                                               
forthcoming report and  forward a copy to  the "appropriate state                                                               
agencies."                                                                                                                      
                                                                                                                                
MS.  HEIN relayed  her  comfort with  that  proposal, adding,  "I                                                               
would like  to be  able tell  the people,  who are  asking daily,                                                               
that they do have a voice, [that]  ... the State works for them -                                                               
...  we  aren't  forgotten  little   people."    In  response  to                                                               
questions,  she explained  that  her company  buys gasoline  from                                                               
Alaska Petroleum Distributing Inc,  the vendor from the refinery,                                                               
and that there have been no previous problems getting gasoline.                                                                 
                                                                                                                                
9:25:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that his research  indicates that                                                               
other states  are considering "anti-gouging"  legislation, though                                                               
the protections  in a number  of those pieces of  legislation are                                                               
only triggered by  the declaration of a state of  emergency.  One                                                               
state,  however, has  considered broadening  the definition  of a                                                               
"state  of emergency"  to include  an "economic  emergency".   He                                                               
asked Ms.  Hein whether  she thinks it  would be  appropriate for                                                               
Alaska to do something similar.                                                                                                 
                                                                                                                                
MS. HEIN  indicated that  she thinks  that the  current situation                                                               
could be  considered an  economic emergency,  adding that  she is                                                               
aware of  people who are not  able to pay their  utility bill and                                                               
their  fuel bill  and their  rent.   Furthermore,  prices in  the                                                               
grocery store  are rising, and  vendors are raising  their prices                                                               
three to four  times a year as well.   "It's affecting everything                                                               
right  down the  chain," she  remarked, adding  that people  just                                                               
can't afford "to  live here."  In response  to further questions,                                                               
she said  that every week  the price  of gasoline has  been going                                                               
up; that  her company has  been having difficulty  buying product                                                               
because  she  couldn't  afford  to  pay that  much  more  to  the                                                               
gasoline company every week; that  in the last year, for example,                                                               
the  cost of  gasoline has  risen  close to  $1/gallon; and  that                                                               
currently the price of gasoline at her pumps is $4.38/gallon.                                                                   
                                                                                                                                
CHAIR  RAMRAS asked  Ms. Hein  what her  "margin is"  per gallon,                                                               
what the fees  currently are for credit card users  compared to a                                                               
year  ago, and  what volume  of  gasoline she  sells compared  to                                                               
other retail gas stations associated with large stores.                                                                         
                                                                                                                                
MS. HEIN said that her company  has a markup of $.20/gallon; pays                                                               
[$.05/gallon] on  credit card purchases;  and used to  sell about                                                               
700 gallons/day  but now only  sells about 300 gallons/day.   She                                                               
said she  assumes that this drop  is due to people  driving less.                                                               
She noted that  she charges about $.20 more per  gallon than some                                                               
gas stations  located in town,  such as "Fred  Meyer," "Safeway,"                                                               
and "Holiday."                                                                                                                  
                                                                                                                                
9:30:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAVID GUTTENBERG,  Alaska State Legislature, asked                                                               
Ms. Hein  whether, when her  distributors told her  that gasoline                                                               
was  not available,  she was  given a  reason why  production was                                                               
down.                                                                                                                           
                                                                                                                                
MS. HEIN  said she was  simply told that  there was a  problem at                                                               
the  refinery,  and only  discovered  later  that production  had                                                               
stopped.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  asked whether  that  was  due to  the                                                               
refinery making less gasoline in favor of making more jet fuel.                                                                 
                                                                                                                                
MS. HEIN said she was not given that information.                                                                               
                                                                                                                                
REPRESENTATIVE GRUENBERG  offered his understanding  that Section                                                               
3  of  North  Carolina's  proposed House  Bill  653  expands  the                                                               
definition of "disaster" to include "economic well-being".                                                                      
                                                                                                                                
CHAIR  RAMRAS  indicated that  the  committee  would be  pursuing                                                               
these issues well  into October and on into  the next legislative                                                               
session.                                                                                                                        
                                                                                                                                
9:34:52 AM                                                                                                                    
                                                                                                                                
CLYDE  (ED)  SNIFFEN,  JR., Senior  Assistant  Attorney  General,                                                               
Commercial/Fair  Business  Section, Civil  Division  (Anchorage),                                                               
Department of  Law (DOL),  relayed that  he focuses  on enforcing                                                               
Alaska's  consumer protection  and antitrust  statutes, and  that                                                               
although  he was  not in  that position  when the  aforementioned                                                               
previous  gasoline-pricing investigation  occurred,  he was  when                                                               
the final  report was issued.   That investigation,  which looked                                                               
at  gasoline  pricing  in  Alaska from  the  mid-1990s  to  2000,                                                               
focused on whether there was  anything illegal about the pricing,                                                               
and  the report  concluded  that  there was  not.   The  attorney                                                               
general is now again looking at those issues.                                                                                   
                                                                                                                                
MR. SNIFFEN relayed  that although he is  sympathetic to concerns                                                               
that the high price of gasoline  is causing people to think about                                                               
leaving  Alaska, it  also raises  the questions  of, "What  do we                                                               
want to do about it?" and "What  can we do about it, from a legal                                                               
perspective?"   For the  most part,  [the State]  doesn't control                                                               
what prices  businesses set for  their goods and  services; there                                                               
is no  law that says businesses  can only sell their  products at                                                               
cost  plus a  certain amount  of  profit.   Instead, [the  State]                                                               
relies  on  the  market  to set  prices;  businesses  sell  their                                                               
products  for whatever  consumers are  willing to  pay for  them.                                                               
One of  the unfortunate  aspects of gasoline  is that  the demand                                                               
for it is  relatively inelastic regardless of price.   Lacking an                                                               
[adequate] public  transportation system  in Alaska,  people have                                                               
to  buy  gasoline in  order  to  travel  to  and from  work,  for                                                               
example, particularly  in the winter  months.   This inelasticity                                                               
regarding demand seems to have a huge impact on pricing.                                                                        
                                                                                                                                
MR.  SNIFFEN suggested  that one  way  to help  the market  drive                                                               
prices down  would be  to lower  the demand  for it,  though that                                                               
could  prove to  be  difficult.   Another  thing  to consider  is                                                               
whether  there  is  anything  illegal going  on  with  regard  to                                                               
gasoline  pricing.    Alaska currently  doesn't  have  a  "price-                                                               
gouging" statute  - the State  can't simply tell a  business that                                                               
it  is charging  too much  for  a product.   Furthermore,  price-                                                               
gouging statutes in other states  are all triggered by a declared                                                               
state of  emergency -  when Hurricane  Katrina hit,  for example,                                                               
there  was  a  declared  state of  emergency,  and  [Louisiana's]                                                               
price-gouging statute  prohibited businesses from  raising prices                                                               
during that  state of emergency  and thereby taking  advantage of                                                               
consumer fears  - so even if  Alaska did have a  similar statute,                                                               
it probably wouldn't apply under the current circumstances.                                                                     
                                                                                                                                
MR.  SNIFFEN  relayed  that   although  a  price-gouging  statute                                                               
triggered by economic  strife of some kind might  be warranted in                                                               
Alaska,  he  is leery  about  having  legislation interfere  with                                                               
market forces.   He  acknowledged, though, that  such would  be a                                                               
policy  call for  the legislature  to make.   Alaska's  antitrust                                                               
laws,  on the  other  hand, also  help to  control  pricing in  a                                                               
peripheral  manner,   and  are   aimed  at  keeping   the  market                                                               
competitive.   The State doesn't want  competitors colluding with                                                               
each other or  doing things that disrupt the  normal operation of                                                               
the market.   Fair competition  drives prices down,  and benefits                                                               
consumers.  Alaska's antitrust laws  are limited in scope in that                                                               
they target  exclusionary conduct and conduct  that suggests that                                                               
price  fixing or  coordinated  activity has  occurred.   From  an                                                               
antitrust  perspective,   the  DOL  will  look   to  see  whether                                                               
businesses are colluding with each other  in some way to keep the                                                               
price  of gasoline  at  a certain  level,  or whether  individual                                                               
businesses are attempting to exercise  market power in an illegal                                                               
fashion in order to keep gasoline prices high.                                                                                  
                                                                                                                                
9:41:22 AM                                                                                                                    
                                                                                                                                
MR. SNIFFEN said  that when it comes to the  pricing of goods and                                                               
services, the legal  remedies are narrow and few.   When there is                                                               
no collusion  or other illegal  antitrust conduct  occurring, and                                                               
the  market is  operating competitively,  then prices  are simply                                                               
what prices are; it's really  just a supply-and-demand world, and                                                               
supply  and demand  affects prices.   One  reason for  the recent                                                               
shortage  of  gasoline  in  the   Fairbanks  area,  he  surmised,                                                               
pertained  to  an  operational  issue  at  the  refinery  -  some                                                               
components  required in  the manufacture  of gasoline  had to  be                                                               
repaired  and it  took several  weeks for  that to  occur.   Such                                                               
operational  issues  can  account   for  spikes  [in  supply  and                                                               
therefore price].                                                                                                               
                                                                                                                                
CHAIR RAMRAS  offered his understanding that  Tesoro Corporation,                                                               
as  a publicly  traded company,  lost  75 percent  of its  market                                                               
value  over  the last  year;  and  that research  indicates  that                                                               
that's due  to a lack  of pricing power  at the refinery  level -                                                               
that as the  price of gas goes up, consumption  goes down, and so                                                               
refiners lose  their margin.   He said he's heard  arguments that                                                               
had the  price of gasoline truly  followed the price of  a barrel                                                               
of  oil,  the price  of  gasoline  might  have  gone as  high  as                                                               
$6.00/gallon.    Consumers, he  surmised,  related  the price  of                                                               
gasoline to  the price of a  barrel of oil and  thus assumed that                                                               
there  should now  be a  correlating  decrease in  price.   After                                                               
referring  to the  Healy Clean  Coal Plant  (HCCP), Chair  Ramras                                                               
said  that  he'd met  with  the  CEO  of Golden  Valley  Electric                                                               
Association  (GVEA),  and  offered his  understanding  that  GVEA                                                               
estimates  the price  of  oil  going forward  90  days, missed  a                                                               
"radical" move  in the market and  so lost over $25  million, and                                                               
has since only  been able to recapture $2.5 million  of that loss                                                               
every  month and  thus  it  will take  GVEA  10  months of  price                                                               
correction to  recoup the total  $25 million.  Consumers,  on the                                                               
other  hand, see  only that  the price  they are  paying has  not                                                               
correspondingly dropped  with the drop  in the price of  a barrel                                                               
of oil.  He relayed that GVEA  has indicated that it will have to                                                               
recoup the  aforementioned $25  million loss  before it  can "re-                                                               
price"  [its  rates] to  correlate  with  the [current]  cost  of                                                               
diesel,  which  generates  the   majority  of  [GVEA's  electric]                                                               
kilowatts.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS,  remarking that the  state is  somewhat responsible                                                               
for the  high price of oil  because it's selling its  royalty oil                                                               
at  the  premium price  that  the  market  will bear,  asked  Mr.                                                               
Sniffen to speak about "pricing  for retail customers ... and the                                                               
disconnect  that may  exist between  [the] price  of a  barrel of                                                               
oil, the  relationship to refining,  and how long  consumers have                                                               
to wait until that relationship is restored."                                                                                   
                                                                                                                                
MR. SNIFFEN, suggesting that  representatives from the refineries                                                               
might be  better able  to respond to  those points,  relayed that                                                               
the  administration  has retained  the  services  of a  petroleum                                                               
economist  -   Barry  Pulliam,  senior  economist   at  Econ  One                                                               
Research, Inc. -  and that he and Mr. Pulliam  have discussed the                                                               
fact that  the retail price  of gasoline did  not correspondingly                                                               
go as high as  the price of a barrel of oil,  thus resulting in a                                                               
deficit  for   some  refineries,  which  in   turn  have  delayed                                                               
decreasing  their  prices  until  they can  recoup  their  loses.                                                               
Historical  data  regarding the  price  of  gasoline in  Alaska's                                                               
Railbelt communities - Anchorage,  Fairbanks, Kenai - illustrates                                                               
a trend for the  price of gasoline to lag a  bit behind "what the                                                               
market has  done."   Even Seattle, for  example, lags  behind the                                                               
national market, and Alaska lags even a bit further behind.                                                                     
                                                                                                                                
MR. SNIFFEN remarked  that the current lag  has been particularly                                                               
long, and  that even when  the prices elsewhere started  to fall,                                                               
the prices  in Alaska still  have not, even  a month later.   Mr.                                                               
Pulliam,  Mr. Sniffen  relayed, has  indicated that  perhaps some                                                               
other operational issues in Alaska  have been a factor in keeping                                                               
prices in Alaska up.  Mr.  Sniffen said that [he and Mr. Pulliam]                                                               
will be investigating that point  further.  Mr. Sniffen suggested                                                               
that the fast and dramatic increases  in the price of a barrel of                                                               
oil caught  everybody off guard, and  so it may be  awhile before                                                               
prices come  down further, though  the suspension of  the State's                                                               
motor fuel tax has resulted in a bit of a decrease.                                                                             
                                                                                                                                
9:49:19 AM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS  referred to  a  chart  in members'  packets  which                                                               
illustrates  average gasoline  prices,  gasoline  prices a  month                                                               
ago, and gasoline  prices a year ago, in  Alaska, Idaho, Montana,                                                               
North Dakota, South Dakota, Washington,  and the U.S. as a whole.                                                               
He remarked  that North Dakota is  similar to Alaska in  that the                                                               
population is small, it's rural  in nature, there's no population                                                               
density, it's  an oil exporter and  an oil producer, and  has one                                                               
refinery.  Consumers  in Alaska, he remarked, have  put forth the                                                               
argument that  since the  state owns  the oil,  they ought  to be                                                               
able to  purchase it for  less.  Chair Ramras  expressed interest                                                               
in having  Mr. Pulliam testify  during the next hearing  on these                                                               
issues,  as well  as in  obtaining information  from states  with                                                               
characteristics similar to those of Alaska.                                                                                     
                                                                                                                                
MR.  SNIFFEN,  in response  to  a  question, proffered  that  the                                                               
current high  cost of  gasoline in Alaska  might be  causing some                                                               
people to purchase  their gasoline at stations  that have cheaper                                                               
prices.   So although the volume  of gasoline sold at  Ms. Hein's                                                               
station, for example, has decreased,  he doesn't know whether the                                                               
total  volume  of  gasoline  sold   in  the  Fairbanks  area  has                                                               
necessarily  decreased.   He surmised  that  in some  communities                                                               
where  residents have  the ability  to cut  down on  consumption,                                                               
there has been  a decrease in consumption.   Consumption has gone                                                               
down  even  in  Anchorage,  for  example, but  only  by  a  small                                                               
fraction,  nothing large  enough  to  have affected  [retailers']                                                               
pricing decisions.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether Alaska has  developed any                                                               
common law that would remedy "this."                                                                                            
                                                                                                                                
MR. SNIFFEN offered  his understanding that if prices  rose to an                                                               
unconscionable  level, that  there is  a "rule  of equity"  which                                                               
might allow the argument to be  made that a business's pricing is                                                               
so outrageous  that it's  unfair and  thus shouldn't  be allowed.                                                               
He  added, however,  that  he hasn't  ever  seen that  [argument]                                                               
successfully applied to the price of  gasoline.  In response to a                                                               
question, he indicated  that in cases where that  theory has been                                                               
raised, there  has almost always  been a better theory  raised as                                                               
well  - such  as that  fraud or  a consumer  protection violation                                                               
occurred that resulted  in the unconscionable price -  and so the                                                               
fact  of a  high  price alone  has  not been  the  focus [of  any                                                               
subsequent investigation].   In response to  another question, he                                                               
observed that  almost all consumer protection  statutes are code-                                                               
based.                                                                                                                          
                                                                                                                                
9:54:59 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIKE HAWKER,  Alaska State  Legislature, remarked                                                               
that there  is precedent for the  state to regulate the  price of                                                               
essential life  services via the Regulatory  Commission of Alaska                                                               
(RCA),  so  the state  could  simply  regulate all  refining  and                                                               
distribution of  petroleum products.  Should  something like that                                                               
occur, he asked, would that  result in consumers having to absorb                                                               
the  entirety of  such losses  as  those mentioned  earlier?   In                                                               
other words, would  the price of petroleum products  simply go up                                                               
even higher under a regulated environment?                                                                                      
                                                                                                                                
MR. SNIFFEN surmised that that could  be a possibility.  He noted                                                               
that when  Hawaii put its  refineries under regulatory  control a                                                               
few years ago,  prices went up right away to  the maximum allowed                                                               
by statute and then never came  down.  Doing something similar in                                                               
Alaska would  be very  difficult, he  opined, and  mentioned that                                                               
Mr.  Pulliam  had  been  involved  in  coming  up  with  Hawaii's                                                               
regulatory framework.  Under  Alaska's current regulatory regime,                                                               
if a  utility company wants  to set a  price for delivery  of its                                                               
gas, it has to  go before the RCA for a rate hearing.   So if the                                                               
refineries  in  Alaska  had  their  rates set  by  the  RCA,  and                                                               
something happened  whereby they  incurred a  lot of  costs, they                                                               
would either have  to seek some emergency relief from  the RCA or                                                               
wait  until  their next  regular  rate  hearing before  adjusting                                                               
their rates  and trying to  recover their  loses.  This  would be                                                               
difficult, he  again opined, because  crude oil markets  move far                                                               
more  dynamically  than  those associated  with  other  types  of                                                               
energy utilities that the state already regulates.                                                                              
                                                                                                                                
REPRESENTATIVE HAWKER  asked whether  the courts have  ruled that                                                               
the state may not sell its royalty oil below market price.                                                                      
                                                                                                                                
MR. SNIFFEN said yes, adding  that there is also a constitutional                                                               
requirement  for the  state to  sell  its royalty  oil at  market                                                               
rates so as to maximize the  state's resources for the benefit of                                                               
the  people,  and companies  like  Tesoro  Corporation and  Flint                                                               
Hills Resources must pay the price set in the world market.                                                                     
                                                                                                                                
REPRESENTATIVE  HAWKER, referring  to  the aforementioned  chart,                                                               
asked whether the column listing taxes includes excise taxes.                                                                   
                                                                                                                                
10:01:41 AM                                                                                                                   
                                                                                                                                
JANE  W.  PIERSON, Staff  to  Representative  Jay Ramras,  Alaska                                                               
State Legislature, said that that column just lists sales taxes.                                                                
                                                                                                                                
MR. SNIFFEN, in response to  comments and a question, offered his                                                               
understanding  that  when  a  refinery  manufactures  a  gasoline                                                               
product, it  goes to various types  of gas stations in  a variety                                                               
of ways.  For example,  there are company-owned gas stations that                                                               
are  affiliated with  the  refinery in  some way  -  they may  be                                                               
leased through  the company that  owns the refinery, or  they may                                                               
be  "branded"  stations,  which   have  to  comply  with  certain                                                               
requirements - and  then there are some  independent gas stations                                                               
that use various distributors to  transport fuel to them from the                                                               
refinery.  Furthermore, some independent  gas stations might have                                                               
the resources to  buy their own fuel trucks, and  so will just go                                                               
pick up their own fuel.                                                                                                         
                                                                                                                                
MR. SNIFFEN indicated  that most gas stations,  though, have some                                                               
kind  of a  relationship  with  a refinery  -  via  some kind  of                                                               
agreement, which might  include a reduction from  the "rack rate"                                                               
- and have gas delivered  through various types of transportation                                                               
companies.   Pricing decisions are  primarily left to  the retail                                                               
stations,  and are  clearly driven  by the  refinery's price  for                                                               
gasoline at  the rack, which is  the term used for  the outlet at                                                               
the refinery  where the  gasoline is  sold and  picked up  by the                                                               
fuel trucks.   A rack  rate is what  the refinery is  selling its                                                               
gas  for   at  the  rack,   various  services  track   rack  rate                                                               
information   for   refineries   around  the   world,   and   the                                                               
administration is  using Oil Price Information  Service (OPIS) to                                                               
track rack rates as part of its investigation.                                                                                  
                                                                                                                                
MR. SNIFFEN  explained that jobbers  are entities  that transport                                                               
fuel from the rack to the  different stations, and are related to                                                               
the gas  stations owners and the  refineries in some way.   There                                                               
are  also  independent  distributors  that own  fuel  trucks  and                                                               
transport  fuel to  anyone who  needs  it, charging  so much  per                                                               
gallon for that service.                                                                                                        
                                                                                                                                
REPRESENTATIVE  COGHILL, remarking  that his  father worked  as a                                                               
jobber, offered his belief that jobbers have "brand loyalty."                                                                   
                                                                                                                                
MR. SNIFFEN concurred.                                                                                                          
                                                                                                                                
10:09:30 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  BOB ROSES,  Alaska State  Legislature, asked  Mr.                                                               
Sniffen whether  he was familiar with  "the antitrust prosecution                                                               
that occurred against independent  service station owners back in                                                               
the '70s."                                                                                                                      
                                                                                                                                
MR. SNIFFEN said he is familiar  with that prosecution as well as                                                               
with an investigation  that occurred in the early  or mid-'90s in                                                               
which  it was  found  that there  was  some collusion  occurring,                                                               
though he is  not sure whether the subject  of that investigation                                                               
was indicted or subjected to criminal penalties.                                                                                
                                                                                                                                
REPRESENTATIVE  ROSES,   referring  to  the   [prosecution]  that                                                               
occurred in the '70s, explained  that the State brought a lawsuit                                                               
against 18 different  service station owners and  that there were                                                               
about  30 stations  involved  because some  of  the people  under                                                               
investigation owned  several stations.   This occurred  back when                                                               
there were  gas shortages all  over the  country, and [as  one of                                                               
those  service   station  owners,   he'd]  get  calls   from  his                                                               
distributor five  times a day  saying that the price  of gasoline                                                               
had  changed again.   During  those times,  if a  service station                                                               
owner was lucky  enough to buy 10,000 gallons of  gasoline at one                                                               
of  the day's  low  prices,  then he/she  could  actually make  a                                                               
profit, but if not, then he/she  would end up "giving it away" in                                                               
order   to  stay   competitive  with   other  service   stations.                                                               
Representative   Roses  explained   that  he   was  one   of  the                                                               
aforementioned 18 service station owners.                                                                                       
                                                                                                                                
10:12:33 AM                                                                                                                   
                                                                                                                                
JEFF  COOK, Director,  External Affairs,  Flint Hills  Resources,                                                               
paraphrased  from  his  written  testimony, which  in  part  read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Our Company  has more  than 60  years of  experience in                                                                    
     the  refining  business.   Along  with  the North  Pole                                                                    
     Refinery, which we  have owned since 2004,  we also own                                                                    
     and operate refineries in Minnesota and Texas.                                                                             
                                                                                                                                
     The  North  Pole  Refinery  began  operating  in  1977,                                                                    
     shortly  after  the  TransAlaska  Pipeline  System  was                                                                    
     completed.    The  facility has  gone  through  various                                                                    
     modifications   over   the   years,   but   its   basic                                                                    
     configuration has remained unchanged.   Our refinery is                                                                    
     a  topping plant  meaning  it  lacks the  sophisticated                                                                    
     processing  capability to  turn  all of  the crude  oil                                                                    
     that comes into the plant into refined products.                                                                           
                                                                                                                                
     The  North Pole  Refinery takes  in between  180,000 to                                                                    
     220,000 barrels  per day  of crude oil.   We  heat that                                                                    
     crude  oil to  distill  it into  a  few basic  products                                                                    
     which we  retain to sell.   The  rest of the  stream is                                                                    
     then  returned to  TAPS.   As  a result,  we keep  only                                                                    
     about 50,000  barrels a day  of saleable  products, the                                                                    
     majority of which is jet fuel.   In addition, we keep a                                                                    
     quantity of fuel that is used  to heat the crude oil in                                                                    
     the refining process.                                                                                                      
                                                                                                                                
     There were many topping  plants operating in the United                                                                    
     States  when   the  North  Pole  Refinery   opened  for                                                                    
     business  in  1977.    Now,   there  are  just  a  few.                                                                    
     Increased  environmental  emissions regulations  caused                                                                    
     many  topping  plants  to shut  down  and  increasingly                                                                    
     stringent  federal requirements  on the  type of  fuels                                                                    
     produced forced others to close.                                                                                           
                                                                                                                                
     The North Pole Refinery was  able to keep pace with new                                                                    
     environmental regulations  but the changes in  the type                                                                    
     of fuels  required has impacted the  amount of gasoline                                                                    
     that can be produced at our North Pole plant.                                                                              
                                                                                                                                
     Since  federally mandated  decreases in  sulfur content                                                                    
     for gasoline  and diesel fuel  came into effect  in the                                                                    
     last few years, our ability  to produce those two fuels                                                                    
     has been substantially diminished.   While the refinery                                                                    
     still produces  some gasoline  and off-road  diesel, we                                                                    
     now buy gasoline and diesel  fuel from other sources in                                                                    
     order to meet the full needs of our customers.                                                                             
                                                                                                                                
     We are not  in the crude production business  nor do we                                                                    
     own retail  stations and all  of our products  are sold                                                                    
     on the wholesale market.                                                                                                   
                                                                                                                                
     It's also important  to note that we  provide less than                                                                    
     one-fifth of  the gasoline  used in  Alaska and  only a                                                                    
     third of the heating fuel in the Fairbanks area.                                                                           
                                                                                                                                
10:16:17 AM                                                                                                                   
                                                                                                                                
CHAIR  RAMRAS   offered  his   understanding  that   Flint  Hills                                                               
Resources  is contemplating  taking "draconian  measures" because                                                               
it  is  having a  difficult  time  staying  in business  and  has                                                               
ongoing tension with the State;  that most refineries are able to                                                               
use natural gas to refine  their products into gasoline; that the                                                               
price  of natural  gas  is equivalent  to oil  at  about $45  per                                                               
barrel;  and that  Flint Hills  Resources is  still using  oil to                                                               
refine  its  products  into  gasoline,  resulting  in  more  cost                                                               
compared to the  refinery at Nikiski, which, he  said he assumes,                                                               
uses natural gas.                                                                                                               
                                                                                                                                
MR. COOK  relayed that  Flint Hills Resources  has to  refine its                                                               
crude oil  into the product  - basically,  gasoline - it  uses to                                                               
run its refinery  in North Pole, so the high  prices of crude oil                                                               
have definitely  impacted the  company.   Most refineries  in the                                                               
country  do run  on natural  gas, and  this puts  the North  Pole                                                               
refinery  at   a  competitive  disadvantage.     It  costs  about                                                               
$21/MMBtu (million British thermal units) to run that refinery.                                                                 
                                                                                                                                
CHAIR  RAMRAS  offered  his  belief   that  "usually  the  energy                                                               
equivalent between natural  gas and oil is six to  one"; that the                                                               
current price  of natural gas at  the Henry Hub is  about $7; and                                                               
that  the current  price of  Alaska North  Slope (ANS)  crude oil                                                               
will  be about  $100 per  barrel.   If there  was natural  gas in                                                               
Fairbanks,  would Flint  Hills Resources  be able  to refine  its                                                               
product  for less,  he  asked.   And, if  so,  would Flint  Hills                                                               
Resources pass that savings on to the consumer?                                                                                 
                                                                                                                                
MR. COOK said that if that  natural gas were to be priced similar                                                               
to what  it's priced  in the Anchorage  area, it  would certainly                                                               
reduce  his  company's   costs  significantly,  though  long-term                                                               
market forces are what define price.                                                                                            
                                                                                                                                
CHAIR  RAMRAS surmised  that  if Flint  Hills  Resources were  to                                                               
change the type  of fuel it uses to refine  its product, it would                                                               
result  in  future  savings  for   consumers.    He  offered  his                                                               
understanding that 1 Bcf/year would  supply the Fairbanks market,                                                               
and that  Flint Hills Resources would  use about 5 Bcf  "in order                                                               
to  swap natural  gas for  the function  that oil  is playing  in                                                               
refining products at the topping plant."                                                                                        
                                                                                                                                
MR. COOK,  in response to  questions, indicated that some  of his                                                               
company's  proprietary  information  could  be  provided  to  the                                                               
legislature as long as confidentiality agreements were signed.                                                                  
                                                                                                                                
10:22:06 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  asked what  it would  cost to  convert the                                                               
North Pole  refinery so that it  could use natural gas  to refine                                                               
its products.                                                                                                                   
                                                                                                                                
MR. COOK  said he would  try to  provide that information  to the                                                               
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GRUENBERG raised the  issue of "zone pricing," and                                                               
noted  that proposed  legislation  in New  York  would make  such                                                               
illegal; that legislation  - NY A 2641 - in  part reads:  "PRICES                                                             
SET  PURSUANT  TO  THE  PRACTICE   OF  ZONE  PRICING,  WHEREBY  A                                                             
WHOLESALE OR  RETAIL DISTRIBUTOR  OF MOTOR  FUELS SETS  PRICES ON                                                             
THE  BASIS  OF   GEOGRAPHIC  REGIONS,  SHALL  BE   DEEMED  TO  BE                                                             
UNCONSCIONABLY EXCESSIVE AND SUCH  PRACTICE OF ZONE PRICING SHALL                                                             
BE PROHIBITED."  Representative  Gruenberg asked Mr. Cook whether                                                             
he's heard of zone pricing taking place in Alaska.                                                                              
                                                                                                                                
MR. COOK said he has not.                                                                                                       
                                                                                                                                
10:24:23 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SCOTT KAWASAKI,  Alaska State  Legislature, asked                                                               
how  Flint Hills  Resources determines  what its  rack price  for                                                               
heating fuel will be.                                                                                                           
                                                                                                                                
MR. COOK said that there is  no specific formula that's used, and                                                               
that market forces  set the price and Flint  Hills Resources must                                                               
remain competitive in order to stay in business.                                                                                
                                                                                                                                
REPRESENTATIVE ROSES offered his  understanding that zone pricing                                                               
pertains to  businesses that can  access refineries in  more than                                                               
one state, and is therefore not an issue in Alaska.                                                                             
                                                                                                                                
10:27:11 AM                                                                                                                   
                                                                                                                                
DOUG  CHAPADOS, President,  Petro  Star  Inc. (PSI),  paraphrased                                                               
from  his  written  testimony,   which  in  part  read  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Petro  Star  was  incorporated in  1984  and  became  a                                                                    
     wholly  owned  subsidiary   of  Arctic  Slope  Regional                                                                    
     Corporation (ASRC)  in 1987.   In terms  of companywide                                                                    
     refining  capacity, Petro  Star is,  by a  wide margin,                                                                    
     the smallest in-state refiner and  the only one that is                                                                    
     owned and controlled by Alaskans. ...                                                                                      
                                                                                                                                
     Today Petro  Star operates two refineries.   North Pole                                                                    
     is our  original plant and  has a crude  oil processing                                                                    
     capacity of  20,000 barrels/day.   Our second  plant is                                                                    
     located  in  Valdez  and has  a  crude  oil  processing                                                                    
     capacity  of 48,000  barrels/day.    These very  simple                                                                    
     topping units produce military  and commercial jet fuel                                                                    
     and,  with increasing  restrictions,  home heating  oil                                                                    
     and diesel fuels.                                                                                                          
                                                                                                                                
     In addition  to refining, Petro Star  also markets fuel                                                                    
     to end  users in  Interior, South Central,  and Western                                                                    
     Alaska  through our  North Pacific  and Sourdough  Fuel                                                                    
     divisions.   It  is  important to  note  that while  we                                                                    
     refine  crude oil,  we do  not produce  gasoline.   The                                                                    
     gasoline  sold  at  the eleven  convenience  stores  we                                                                    
     operate  statewide  is  purchased from  third  parties.                                                                    
     For  this reason,  Petro Star  is just  like any  other                                                                    
     gasoline retailer. ...                                                                                                     
                                                                                                                                
     It  is  part  of  Petro   Star's  culture  to  be  good                                                                    
     corporate  citizens.     We  employ  approximately  290                                                                    
     Alaskans, more  than half  of whom  reside here  in the                                                                    
     Fairbanks area.   Our remaining employees  can be found                                                                    
     in  the  other  communities  where  we  do  business  -                                                                    
     Kodiak, Unalaska, Valdez and  Anchorage.  Almost all of                                                                    
     ASRC's 9,600 shareholders - our  owners - live and work                                                                    
     in Alaska.   We provide  economic benefits in  the form                                                                    
     of  employment  opportunities which  positively  impact                                                                    
     Alaska's  economy, and  by acting  as a  good community                                                                    
     partner.                                                                                                                   
                                                                                                                                
     Petro  Star is  very aware  of, and  sensitive to,  the                                                                    
     negative impacts  of high  fuel costs  on Alaskans.   A                                                                    
     large  majority of  our  employees  and their  families                                                                    
     live in  areas where  energy costs are  extremely high.                                                                    
     It  is  mostly  out  of necessity  that  Alaskans  live                                                                    
     energy  intensive  lifestyles,  and we  recognize  that                                                                    
     high  energy   costs  fall   especially  hard   on  the                                                                    
     residents of this  state.  High costs  have also opened                                                                    
     the fuel  industry to criticism,  but we consider  it a                                                                    
     privilege   to   provide    this   essential   service,                                                                    
     especially in the more isolated regions of Alaska. ...                                                                     
                                                                                                                                
     The challenges  facing refiners across the  country are                                                                    
     growing and this is especially  true for small refiners                                                                    
     like    Petro   Star.       Increasing    environmental                                                                    
     regulations, such  as the proposed  carbon tax  and the                                                                    
     ongoing implementation of low  sulfur fuel standards to                                                                    
     name but two, pose  significant economic challenges for                                                                    
     our  company and  undoubtedly  will  impact the  prices                                                                    
     Alaskans pay for fuel in the future.                                                                                       
                                                                                                                                
     Modifying just  one of our small  refineries to produce                                                                    
     ultra-low   sulfur   diesel   is  estimated   to   cost                                                                    
     substantially more that it did  to build the refineries                                                                    
     in the  first place and  we are  now in the  process of                                                                    
     deciding whether this huge  investment can be justified                                                                    
     and what our options are if it can't. ...                                                                                  
                                                                                                                                
     Record high  crude oil costs  are a mixed  blessing; on                                                                    
     one hand they provide  substantial revenue to the state                                                                    
     treasury and  help grow the  Permanent Fund,  yet these                                                                    
     same  high  crude  oil prices  also  create  very  real                                                                    
     hardships  for  Alaskan  families and  businesses,  and                                                                    
     impose drag on our nation's economy.                                                                                       
                                                                                                                                
     Though  admittedly a  short term  solution, Petro  Star                                                                    
     views the  Resource Rebate as  a positive step  and can                                                                    
     report   that   we  immediately   implemented   another                                                                    
     provision  of this  legislation  by  passing along  the                                                                    
     savings  from suspension  of  the  State Motor  Vehicle                                                                    
     Fuel Tax to our customers.                                                                                                 
                                                                                                                                
     While  the last  few  years have  been  good for  Petro                                                                    
     Star,  our  business is  volatile  and  good years  are                                                                    
     often  offset by  bad ones.   Being  small, Petro  Star                                                                    
     does not  have the same  economies of scale  enjoyed by                                                                    
     our larger  competitors, and while we  always price our                                                                    
     products to  be competitive, we  are not in  a position                                                                    
     to dictate  the prices  we pay for  fuel or  the market                                                                    
     prices of the products we produce.                                                                                         
                                                                                                                                
     Petro Star  has deep roots  in the state of  Alaska and                                                                    
     we are committed to  providing superior and competitive                                                                    
     services  to  our customers.    We  take pride  in  our                                                                    
     ability   to  successfully   compete   in  the   Alaska                                                                    
     marketplace and  look forward  to a  continued positive                                                                    
     relationship  with our  customers,  the communities  in                                                                    
     which we do business, and the State of Alaska.                                                                             
                                                                                                                                
10:32:19 AM                                                                                                                   
                                                                                                                                
CHAIR  RAMRAS  asked whether  having  access  to natural  gas  in                                                               
Fairbanks  would  reduce  Petro   Star's  production  costs,  and                                                               
whether  the  same  would  be  true  if  there  was  natural  gas                                                               
available in Valdez.                                                                                                            
                                                                                                                                
MR. CHAPADOS  said natural  gas would be  cheaper than  the fuels                                                               
Petro Star  currently burns  at its  refineries, but  pointed out                                                               
that there  is some  limit with  regard to  how much  natural gas                                                               
could  be used  to supplant  the  existing fuels.   For  example,                                                               
there are  components in  the crude  oil stream  - when  crude is                                                               
processed in the  refinery - that are not practical  to return to                                                               
the  pipeline, and  so those  components are  burned as  refinery                                                               
fuel.   Petro Star  could take advantage  of natural  gas prices,                                                               
but  not  to the  extent  that  it might  at  first  appear.   In                                                               
response  to  a  question,  he  explained  that  low-sulfur  fuel                                                               
standards are part  of the Clean Air Act, began  taking effect in                                                               
Alaska June  1, 2006,  and address the  sulfur content  of diesel                                                               
fuels  and  gasoline.    In  response  to  another  question,  he                                                               
concurred  that  refined  fuel  is  a  value-added  product,  and                                                               
characterized  it as  a significant  contributor  to the  state's                                                               
economy.                                                                                                                        
                                                                                                                                
MR.  CHAPADOS, in  response to  other  questions, explained  that                                                               
fuel-quality standards are  set at the federal  level; that Petro                                                               
Star has  been designated by the  Environmental Protection Agency                                                               
(EPA)  as a  small refiner;  that that  designation allows  Petro                                                               
Star to  delay complying with  federal low-sulfur  fuel standards                                                               
for  roughly four  years, but  limits the  volume of  high-sulfur                                                               
fuels -  such as diesel for  off-road use and heating  oil - that                                                               
it can  sell from its two  refineries; that the volume  caps that                                                               
were imposed on  Petro Star were based on years  when the company                                                               
sold less volume; and that as  a consequence, Petro Star must now                                                               
truck  product  from  its  refinery   in  the  Interior  down  to                                                               
Southcentral  Alaska, and  truck  product from  it's refinery  in                                                               
Southcentral  up to  the Interior,  thus incurring  greater cost,                                                               
which  it  must  recoup.    He mentioned  that  it  is  far  more                                                               
efficient and cost  effective to transport fuel by  barge than by                                                               
truck.   In response to  another question, he indicated  that the                                                               
aforementioned delay  in having to  comply with the  federal low-                                                               
sulfur  fuel standards  was the  result of  input from  the state                                                               
regarding the  distinction between urban  and rural areas  of the                                                               
state.                                                                                                                          
                                                                                                                                
10:39:27 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HAWKER  questioned whether  low-sulfur  standards                                                               
are really  necessary in Alaska  or whether  it's just a  case of                                                               
Alaska getting swept up in the national trend.                                                                                  
                                                                                                                                
MR. CHAPADOS indicated that those  standards should be applied in                                                               
Alaska because modern  vehicles that are designed  to burn ultra-                                                               
low-sulfur diesel  cannot burn high-sulfur  diesel.   In response                                                               
to  comments  and   a  question,  he  explained   that  prior  to                                                               
implementation of  low-sulfur diesel  standards, all  refiners in                                                               
Alaska could produce "highway diesel  fuel," but now the only in-                                                               
state refinery that is now  capable of producing ultra-low-sulfur                                                               
diesel fuel  is the  one owned by  Tesoro, and  that [conversion]                                                               
did not  come cheap  to Tesoro.   In contrast,  Petro Star  has a                                                               
limited ability  to produce  what is  known as  low-sulfur diesel                                                               
fuel, but, again,  Petro Star is also limited with  regard to the                                                               
volume it may sell.                                                                                                             
                                                                                                                                
CHAIR RAMRAS asked  Mr. Chapados what Petro  Star's profit margin                                                               
is with  regard to  the sale  of gasoline  at its  11 convenience                                                               
stores.                                                                                                                         
                                                                                                                                
MR. CHAPADOS declined  to provide that specific  information.  He                                                               
added that  in general, Petro  Star is seeking to  be competitive                                                               
with other  gas stations near  its retail locations and  at least                                                               
break  even on  its  "gasoline volumes";  Petro  Star makes  more                                                               
money on  the other products  it sells at its  convenience stores                                                               
that it does on gasoline sales.                                                                                                 
                                                                                                                                
10:45:23 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KAWASAKI asked how  Petro Star calculates its rack                                                               
rates.                                                                                                                          
                                                                                                                                
MR.  CHAPADOS  said Petro  Star  is  seeking to  be  competitive,                                                               
adding  that  his  company  won't   sell  heating  oil  to  other                                                               
distributors, for example, if its prices aren't competitive.                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI asked  Mr.  Chapados if  he could  prove                                                               
that  Petro Star  is passing  on  to consumers  the $.08  savings                                                               
resulting from the repeal of the State's motor fuel tax.                                                                        
                                                                                                                                
MR. CHAPADOS agreed to get that information to the committee.                                                                   
                                                                                                                                
REPRESENTATIVE KAWASAKI  expressed concern that  because gasoline                                                               
goes from  a refiner  to a  distributor and  then to  a retailer,                                                               
that that  savings has  not been  passed on  to consumers  and is                                                               
instead simply being absorbed somewhere.                                                                                        
                                                                                                                                
MR.  CHAPADOS indicated  that he  would be  providing information                                                               
which illustrates  that his company's  prices dropped by  $.08 as                                                               
of September 1, 2008.  In  response to comments and questions, he                                                               
explained that jet fuel is  typically sold to large commercial or                                                               
military  entities and  so retail  prices are  tied to  published                                                               
indices regardless of  what a barrel of crude oil  is selling for                                                               
on the  global market.  He  relayed that during that  period when                                                               
the  cost of  a barrel  of oil  increased so  dramatically, Petro                                                               
Star  did  not  pass  on   that  increase  to  its  heating  fuel                                                               
customers.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS  offered his  belief that  the public  perception is                                                               
that "everybody  in the chain"  did exceedingly well  during that                                                               
time period  and engaged  in bad behavior  and took  advantage of                                                               
the situation.   The  goal of  the committee,  he relayed,  is to                                                               
determine why, as the price of  a barrel of oil comes down, there                                                               
is not a commensurate decrease in the retail price of gasoline.                                                                 
                                                                                                                                
MR. CHAPADOS  said his sense is  that that increase in  the price                                                               
of crude oil was  not passed on in its entirety.   In response to                                                               
a question, he  explained that heating oil makes  up the smallest                                                               
part of Petro Star's sales.                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  questioned whether  Petro Star, if  it no                                                               
longer had  the military bases  in the Interior as  customers, it                                                               
could start selling more heating  fuel to people in the Fairbanks                                                               
area.                                                                                                                           
                                                                                                                                
MR.  CHAPADOS said  it could  not because  of the  aforementioned                                                               
volume  caps pertaining  to high-sulfur  diesel;  the only  other                                                               
outlet  for  that product  would  be  to  truck  it all  down  to                                                               
Anchorage as jet fuel.                                                                                                          
                                                                                                                                
CHAIR RAMRAS  remarked that Alaska's  fuel market is  fragile and                                                               
tied to  the military,  and noted  that when  he'd spoken  of the                                                               
problems  facing   Flint  Hills  Resources  to   someone  in  the                                                               
administration,  that  person  indicated that  Petro  Star  would                                                               
simply buy Flint Hills Resources.   All refineries have a fragile                                                               
nature, he concluded,  and are not making vast  amounts of profit                                                               
as is assumed by the public.                                                                                                    
                                                                                                                                
REPRESENTATIVE COGHILL asked what  the state's gasoline needs are                                                               
and whether  it is  necessary to import  gasoline into  Alaska to                                                               
meet those needs.                                                                                                               
                                                                                                                                
CHAIR  RAMRAS offered  his  understanding  that Southeast  Alaska                                                               
must get its gasoline from Seattle.                                                                                             
                                                                                                                                
10:54:49 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER asked whether  the commitment from the U.S.                                                               
Department of Defense (DOD) to  require a conversion from regular                                                               
diesel fuel  to synthetic  fuel at  Alaska's military  basis will                                                               
threaten the fuel industry's stability in the state.                                                                            
                                                                                                                                
MR. CHAPADOS said it is a threat.                                                                                               
                                                                                                                                
REPRESENTATIVE  HAWKER  surmised that  the  state  would have  to                                                               
build new refineries  to accommodate such a  conversion, and that                                                               
the resulting costs  being passed onto retail  consumers will get                                                               
even worse.                                                                                                                     
                                                                                                                                
CHAIR RAMRAS indicated that an  example of a synthetic fuel would                                                               
involve  converting  "coal  to  liquids."   He  surmised  that  a                                                               
closure of  Eielson Air Force  Base would  also pose a  threat to                                                               
Petro Star.                                                                                                                     
                                                                                                                                
MR. CHAPADOS concurred.                                                                                                         
                                                                                                                                
CHAIR  RAMRAS  relayed  that  he  would  like  to  hear  comments                                                               
regarding a  proposal to  limit the  price of  crude oil  for in-                                                               
state  use, and  what effect  that would  have on  the prices  of                                                               
gasoline and home-heating oil.                                                                                                  
                                                                                                                                
10:58:23 AM                                                                                                                   
                                                                                                                                
KIP KNUDSON,  Manager, External  Affairs, Tesoro  Alaska Company,                                                               
referring  to his  PowerPoint  presentation,  said that  Tesoro's                                                               
Kenai refinery [in Nikiski] was first  started in 1969 and is now                                                               
heavily  integrated  with  the   community,  and  suggested  that                                                               
members  should  look  at  the  refining  industry  as  the  most                                                               
successful value-added industry that the  state has ever had.  He                                                               
relayed  that Tesoro  Corporation is  an independent  refiner and                                                               
marketer - with  the Kenai refinery remaining what  he called the                                                               
legacy asset  - and  is publicly  traded as TSO  on the  New York                                                               
Stock Exchange (NYSE).                                                                                                          
                                                                                                                                
MR. KNUDSON indicated that Tesoro  Alaska Company has three major                                                               
elements:  the  refinery, a distribution network,  and its retail                                                               
sites.    The Kenai  refinery's  "nameplate"  capacity is  72,000                                                               
barrels per day,  though it never operates at  that capacity, and                                                               
it  has over  200 employees  and an  award-winning safety  record                                                               
recognized nationwide.   The Kenai  refinery is what he  called a                                                               
"medium-complexity   refinery";   it  makes   several   different                                                               
products, and production volume is  increased via the addition of                                                               
catalysts.    Of  the  seven products  that  the  Kenai  refinery                                                               
produces,  there  are   three  -  heavy  vacuum   gas  oil,  fuel                                                               
oil/bunker, and road asphalt -  that don't really have any market                                                               
in Alaska,  and thus one-third  of the plant's production  has to                                                               
be exported.  About 50 percent  of the Kenai refinery's crude oil                                                               
supply comes  from the North  Slope, about 25 percent  comes from                                                               
Cook Inlet,  and about  25 percent comes  from foreign  sources -                                                               
illustrated on slide  6 of his PowerPoint  presentation - because                                                               
the  refinery  can't  currently  buy  enough  crude  from  Alaska                                                               
sources to satisfy its demands.                                                                                                 
                                                                                                                                
MR. KNUDSON  relayed that  Tesoro was  the first  company hauling                                                               
crude  oil and  refined products  into the  state to  use double-                                                               
hulled tankers,  currently charters  two tankers with  a capacity                                                               
of  roughly 500,000  barrels each,  and  has exceeded  regulatory                                                               
requirements  by  stationing  a  chartered "assist  tug"  at  its                                                               
Nikiski dock to  help tankers on and off the  dock.  He indicated                                                               
that  slide  9 of  his  PowerPoint  presentation illustrates  the                                                               
paths that the Kenai refinery's  product takes in terms of supply                                                               
and distribution.   The Kenai  refinery has racks at  Nikiski for                                                               
asphalt, propane,  butane, gasoline,  and diesel,  and has  a 70-                                                               
mile,  10-inch, "clean  products  only" pipeline  that runs  from                                                               
Nikiski up to the  port of Anchorage and - via a  spur line - the                                                               
Anchorage airport.                                                                                                              
                                                                                                                                
11:06:14 AM                                                                                                                   
                                                                                                                                
CHAIR RAMRAS  asked whether Tesoro  sells product only  to Tesoro                                                               
distributors.                                                                                                                   
                                                                                                                                
MR. KNUDSON said Tesoro will sell  product to anyone who will buy                                                               
it.   After noting that Tesoro  has two terminals at  the port of                                                               
Anchorage,  he   indicated  that  slide  12   of  his  PowerPoint                                                               
presentation  references  the  31  convenience  stores  owned  by                                                               
Tesoro  - 29  of  which sell  fuel  under the  "2go"  logo -  and                                                               
Tesoro's 58-plus  branded dealers.  Acknowledging  that consumers                                                               
are extremely  frustrated with the  high price [of  gasoline], he                                                               
offered the following contributing factors:   the cost of the raw                                                               
crude  oil,  the  cost  to  refine  that  product,  the  cost  to                                                               
distribute that  refined product,  the cost of  marketing, taxes,                                                               
and [the influence  of] competition.  Furthermore,  there will be                                                               
fluctuation  daily  with regard  to  which  of those  factors  is                                                               
contributing most  heavily to the  retail price, though  the cost                                                               
of  crude oil  constitutes "the  lion's  share" of  costs to  the                                                               
company.                                                                                                                        
                                                                                                                                
MR. KNUDSON observed  that Tesoro is in a  commodity business; it                                                               
buys a  commodity, that being  crude oil, and sells  a commodity,                                                               
that being gasoline and heating oil,  both of which are traded on                                                               
the mercantile  exchanges, which in  turn -  to a large  extent -                                                               
have  some  influence  over what  retail  consumers  are  paying.                                                               
Tesoro,  he  assured  the  committee,  is not  "in  a  cost  plus                                                               
business"; just because  the company has costs  doesn't mean that                                                               
those  costs will  ultimately  be recouped  via  sales.   Several                                                               
[global] factors  influence the price  of crude oil, and  thus it                                                               
is hard to predict what that price will be from month to month.                                                                 
                                                                                                                                
MR. KNUDSON  explained that refining  and distribution  costs are                                                               
based on  global and regional  factors:  regional  factors within                                                               
the  state, regional  factors  in the  state  "writ large,"  West                                                               
Coast factors, and world factors.   On the issue of environmental                                                               
regulations, he relayed  that Tesoro invested $60  million in the                                                               
sulfur-stripping  process   at  the  Nikiski  refinery   just  to                                                               
essentially  stay in  the diesel  business,  and this  investment                                                               
won't  be  increasing  production  amounts at  all.    That  same                                                               
investment had to be made just  to stay in the gasoline business;                                                               
furthermore,  an additional  capital investment  will have  to be                                                               
made  in   the  future  in   order  to  meet   [forthcoming]  new                                                               
requirements regarding  benzene levels.   These are  all external                                                               
forces influencing the retail price of the product.                                                                             
                                                                                                                                
11:11:06 AM                                                                                                                   
                                                                                                                                
MR. KNUDSON  offered his belief  that as the state's  natural gas                                                               
pipeline moves forward,  it will be difficult  to keep [employees                                                               
at the refinery].  The market sets  the price, he went on to say,                                                               
and  referred  to slide  15  of  his PowerPoint  presentation  as                                                               
illustrative  of those  things  that influence  the  market.   In                                                               
response to a question, he said  that the graph on slide 16 shows                                                               
that Alaska has  a very small market for motor  fuel [compared to                                                               
some other western states].                                                                                                     
                                                                                                                                
CHAIR  RAMRAS asked  that  the committee  be  provided a  similar                                                               
chart with  comparisons between Alaska and  Idaho, Montana, North                                                               
Dakota, and South Dakota.                                                                                                       
                                                                                                                                
MR. KNUDSON agreed to do  that, adding that Alaska's small market                                                               
is a contributing factor with  regard to how the market performs.                                                               
He explained that  jet fuel "is king in Alaska";  that's what the                                                               
refineries in  Alaska were built  to produce in order  to satisfy                                                               
the international jet  fuel trade at the  Anchorage and Fairbanks                                                               
airports.   Gasoline and  diesel fuel, to  a certain  extent, are                                                               
simply byproducts of those refineries.   Additionally, the Alaska                                                               
market shows more "seasonality" even  when compared with the West                                                               
Coast.  The  times when one wouldn't want to  be either a refiner                                                               
or gas station owner are February, April, and November.                                                                         
                                                                                                                                
MR.   KNUDSON,  referring   to   slide  18   of  his   PowerPoint                                                               
presentation,  emphasized that  retail prices  are set  by retail                                                               
station owners,  and Tesoro only  controls retail pricing  at its                                                               
29 convenience  stores that sell  gasoline, and has  no influence                                                               
over  the prices  at  any of  the other  stations  in the  state.                                                               
Retail  prices  also  respond   to  differing  local  conditions.                                                               
Again, the  Alaska market is  very small  and very seasonal.   He                                                               
relayed that  Tesoro, under  confidentiality agreements,  will be                                                               
working with  Mr. Sniffen  to provide him  the information  he is                                                               
seeking.                                                                                                                        
                                                                                                                                
REPRESENTATIVE ROSES  asked how Tesoro's price  structure changed                                                               
after the adoption  of Alaska's Clear and  Equitable Share (ACES)                                                               
legislation.                                                                                                                    
                                                                                                                                
MR. KNUDSON said  passage of that legislation  didn't affect what                                                               
Tesoro is  paying for its crude  oil because that price  is based                                                               
on  the global  price, and  the tax  rate that  producers pay  is                                                               
independent of  that price.   He indicated that after  the recent                                                               
repeal of the  State's motor fuel tax, some  retailers relayed to                                                               
him that  they were concerned  that that repeal didn't  take into                                                               
account that they purchased their  product when the tax was still                                                               
owed but then didn't sell it until after that tax was repealed.                                                                 
                                                                                                                                
11:16:12 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HAWKER  asked whether,  when Tesoro buys  a barrel                                                               
of crude oil, Tesoro must then use  all of it because it can't be                                                               
put back into the pipeline.                                                                                                     
                                                                                                                                
MR.  KNUDSON said  yes, and  reiterated that  roughly a  third of                                                               
Tesoro's refined products must be  exported to markets outside of                                                               
Alaska; furthermore,  those products  generally sell at  or below                                                               
the price of  the raw crude oil  used to make them.   In response                                                               
to questions, he relayed that  the percentage of foreign oil that                                                               
Tesoro buys  will be going  up as production in  Alaska declines;                                                               
that the "crude  buyers" at his company would love  to be able to                                                               
purchase more Alaska crude oil; and  that up until the late '90s,                                                               
Tesoro  was a  big  purchaser  of the  state's  royalty oil,  but                                                               
doesn't purchase such oil now.                                                                                                  
                                                                                                                                
MR. KNUDSON, in  response to further questions,  relayed that the                                                               
tankers which Tesoro contracts operate  under the Jones Act; that                                                               
Tesoro  does receive  shipments  from foreign  vessels; and  that                                                               
Cook Inlet is  limited with regard to the number  of barrels that                                                               
can be onboard  a vessel because of  spill response requirements.                                                               
He  noted also  that  Tesoro has  to use  crude  with a  chemical                                                               
signature similar  to that  found at the  North Slope  because it                                                               
was  around that  signature  that  the refinery  was  built.   In                                                               
response to  still further  questions, he  said that  Tesoro uses                                                               
natural gas in  its refining process, and that  each refinery has                                                               
its own advantages and disadvantages in the market.                                                                             
                                                                                                                                
REPRESENTATIVE  KAWASAKI   asked  how  Tesoro's  rack   price  is                                                               
determined.                                                                                                                     
                                                                                                                                
MR.  KNUDSON  said  he  doesn't  know,  but  surmised  that  such                                                               
information would be  proprietary in nature and  that Mr. Sniffen                                                               
would   be  investigating   Tesoro's  rack   pricing  processing.                                                               
Pricing is a market-driven opportunity, he added.                                                                               
                                                                                                                                
REPRESENTATIVE  KAWASAKI, referring  to slide  15, asked  how the                                                               
large  spot  market price  in  Seattle,  San Francisco,  and  Los                                                               
Angeles factors into Tesoro's pricing decisions.                                                                                
                                                                                                                                
MR.  KNUDSON   explained  that  those  spot   market  prices  are                                                               
guidelines and  are unbelievably fluid compared  to market prices                                                               
in Alaska;  that those markets take  in product from tens  if not                                                               
hundreds of  refineries; and that the  characteristics and swings                                                               
in those  markets don't  always apply to  Alaska, but  are always                                                               
taken into consideration.                                                                                                       
                                                                                                                                
11:25:26 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HAWKER  asked how  much  of  Alaska's demand  for                                                               
motor fuel Tesoro supplies.                                                                                                     
                                                                                                                                
MR.  KNUDSON said  he is  not  sure, and  is also  not sure  that                                                               
anyone  at Tesoro  is  keeping  track of  those  statistics.   He                                                               
offered his  guess that  Tesoro is a  large player  in satisfying                                                               
Alaska's demand for  motor fuel, but noted that  imports can also                                                               
have influence on retail price.                                                                                                 
                                                                                                                                
REPRESENTATIVE HAWKER surmised that it  would be hard for someone                                                               
to buy gasoline in Washington, ship  it to Anchorage, and then be                                                               
competitive with Tesoro.                                                                                                        
                                                                                                                                
MR.  KNUDSON  said   he  doesn't  know  that  to   be  the  case,                                                               
particularly  given that  at some  point,  other refineries  will                                                               
also be producing ultra-low-sulfur diesel.                                                                                      
                                                                                                                                
REPRESENTATIVE  KAWASAKI   asked  Mr.  Knudson  to   provide  the                                                               
committee with proof  that the repeal of the $.08  motor fuel tax                                                               
is being passed on to Tesoro's consumers.                                                                                       
                                                                                                                                
MR. KNUDSON  agreed to do  so for Tesoro's 29  convenience stores                                                               
that sell gasoline.                                                                                                             
                                                                                                                                
CHAIR  RAMRAS  -  referring to  the  aforementioned  chart  which                                                               
illustrates  average gasoline  prices,  gasoline  prices a  month                                                               
ago, and gasoline  prices a year ago, in  Alaska, Idaho, Montana,                                                               
North Dakota, South  Dakota, Washington, and the U.S.  as a whole                                                               
-  questioned why  there is  such  a great  disparity in  pricing                                                               
between Alaska and other rural states with small populations.                                                                   
                                                                                                                                
MR. KNUDSON surmised  that in that chart,  Alaska's average price                                                               
was calculated  using the  retail gasoline  prices in  both urban                                                               
and rural communities  - for example, averaging  the retail price                                                               
in Fairbanks with the retail price in Bethel.                                                                                   
                                                                                                                                
CHAIR RAMRAS  offered his understanding that  instead the average                                                               
prices  for Alaska  were calculated  using  only retail  gasoline                                                               
prices in Alaska's Railbelt communities.                                                                                        
                                                                                                                                
MR.  KNUDSON said,  "It's market  forces that  have ...  produced                                                               
these  prices, [for  both] the  price one  year ago  and the  ...                                                               
current [price]."  He mentioned  that he has a newspaper clipping                                                               
stating that  in March  2007, Anchorage  had the  nation's lowest                                                               
gasoline prices.                                                                                                                
                                                                                                                                
REPRESENTATIVE  HAWKER   asked  why   Alaskans  haven't   seen  a                                                               
reduction in  retail motor fuel  prices similar to  what occurred                                                               
with  the price  of a  barrel of  crude oil  over the  last three                                                               
months - a 46 percent reduction.                                                                                                
                                                                                                                                
MR. COOK,  reiterating that Flint  Hills Resources  provides less                                                               
than one-fifth of the gasoline  used in Alaska, concurred with an                                                               
earlier statement that  had the retail price of  gasoline kept up                                                               
with  the price  of crude  oil, gasoline  prices would  have been                                                               
closer  to $6/gallon,  or certainly  a lot  higher than  they did                                                               
get.  Because  the retail price of gasoline did  not keep up with                                                               
the price  of a barrel  of crude  oil, he explained,  Flint Hills                                                               
Resources lost money  during the majority of the  last 12 months.                                                               
Furthermore,  even though  the  price of  crude  oil has  dropped                                                               
recently, it  is still at  an unprecedentedly high price,  and so                                                               
in order to stay in  business, Flint Hills Resources can't afford                                                               
to continue to  lose money, particularly given that  the costs of                                                               
operating  its  refinery  are  also  unprecedentedly  high.    He                                                               
assured members  that Flint Hills  Resources would  be providing,                                                               
under confidentiality agreements,  proprietary information to the                                                               
DOL.                                                                                                                            
                                                                                                                                
11:36:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HOLMES pointed out,  though, that retail prices of                                                               
gasoline have already  come down everywhere else  in the country,                                                               
and they never got up to $6/gallon in those locations either.                                                                   
                                                                                                                                
MR. KNUDSON mentioned that over  a year ago, he'd participated in                                                               
an  inquiry  conducted  in  the   state  of  Washington,  wherein                                                               
investigators went  county by county, looking  at the variability                                                               
in retail  gasoline prices  within the  state of  Washington, and                                                               
every  county had  different reasons  for  charging a  particular                                                               
price, and  every county had  finished product from a  variety of                                                               
different sources.   Mr. Knudson surmised that  Mr. Pulliam, when                                                               
looking at Alaska's data, will be  able to glean answers from the                                                               
data, but he  doesn't have the ability to do  so.  In conclusion,                                                               
Mr. Knudson  said it seems  like the market is  currently working                                                               
the way it always has.                                                                                                          
                                                                                                                                
CHAIR  RAMRAS remarked,  "Certainly not  for the  benefit of  the                                                               
consumers."  He  asked what percentage of the  state's motor fuel                                                               
needs is being satisfied by Tesoro.                                                                                             
                                                                                                                                
MR.  KNUDSON said  he  doesn't  know, and,  even  if  he did,  he                                                               
wouldn't be able to divulge  that proprietary information in this                                                               
venue.   In response  to a  question, he  said that  although one                                                               
might  be able  to  find out  who is  producing  gasoline in  the                                                               
state, one wouldn't be able to  find out who is importing it into                                                               
the state,  particularly given that  there is  nothing preventing                                                               
someone  from importing  gasoline to  any tidewater  port in  the                                                               
state.                                                                                                                          
                                                                                                                                
CHAIR  RAMRAS questioned  what would  occur  if a  constitutional                                                               
amendment were  introduced [and  passed by the  voters] to  put a                                                               
cap  on how  much  crude oil  was  sold for  -  from the  state's                                                               
royalty  share -  to [in-state]  refiners for  the production  of                                                               
gasoline and heating oil [for in-state use].                                                                                    
                                                                                                                                
MR.  KNUDSON said  it  would  be difficult  to  predict what  the                                                               
results would be until such an amendment was actually passed.                                                                   
                                                                                                                                
CHAIR RAMRAS  countered, "We certainly  couldn't do it  until you                                                               
predicted what it would do."                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL surmised  that  market dynamics,  whether                                                               
Alaska has  the ability to sell  [enough royalty oil to  meet in-                                                               
state demands],  and the  constitutionality of  such a  cap would                                                               
all have to be considered.                                                                                                      
                                                                                                                                
11:42:12 AM                                                                                                                   
                                                                                                                                
CHAIR RAMRAS  asked at what point  will the state itself  have to                                                               
buy  oil from  the producers  in  order to  meet its  contractual                                                               
obligations.                                                                                                                    
                                                                                                                                
MR. COOK pointed  out that Flint Hills Resources  is only allowed                                                               
to have 85 percent  of what it buys be royalty  oil, with no more                                                               
than 95  percent of  that coming  from any  given field.   Today,                                                               
with the  reduction in the  Trans-Alaska Pipeline  System (TAPS),                                                               
and  the aforementioned  restrictions, if  Flint Hills  Resources                                                               
were to  demand the maximum amount  of royalty oil it  could, the                                                               
state  would be  hard pressed  to meet  that demand;  Flint Hills                                                               
Resources is  taking far less  than its maximum  allowable amount                                                               
of 77,000 barrels per day.                                                                                                      
                                                                                                                                
MR. CHAPADOS,  in response  to a question,  said that  Petro Star                                                               
gets its crude oil supply from one of the major producers.                                                                      
                                                                                                                                
MR.  COOK, in  response  to  a question,  said  that Flint  Hills                                                               
Resources takes in  as much royalty oil as it  has product demand                                                               
to   sell,   and,   because   of   the   aforementioned   federal                                                               
restrictions,  is at  maximum capacity  with  regard to  gasoline                                                               
[production].                                                                                                                   
                                                                                                                                
MR. KNUDSON said  the production rate [at his  company] is geared                                                               
to meet market demand, and so  [his company] doesn't want to make                                                               
25  percent more,  for example,  than there  is demand  for, one,                                                               
because there isn't  any place to store it and,  two, that's just                                                               
not  good business.    Furthermore,  production [demand]  changes                                                               
daily and monthly.                                                                                                              
                                                                                                                                
11:45:11 AM                                                                                                                   
                                                                                                                                
MR. CHAPADOS  said that  Petro Star's  Valdez refinery  runs very                                                               
near capacity,  and is doing some  expansion in order to  be able                                                               
to process more  crude oil.  The North Pole  refinery, because of                                                               
the aforementioned  federal restriction, doesn't run  at capacity                                                               
at  all times.    Petro Star  is having  to  anticipate what  its                                                               
volumes of high-sulfur  diesel and heating oil  products will be,                                                               
and so may have to either  forego some sales or transport product                                                               
down to  Anchorage.   "That has  cut into our  crude oil  runs at                                                               
that North Pole ... [refinery]," he added.                                                                                      
                                                                                                                                
MR. KNUDSON,  in response to questions,  reiterated that Tesoro's                                                               
Kenai refinery never  runs at maximum capacity,  but also doesn't                                                               
want to  have idle equipment, because  a lot of plants  don't run                                                               
well when  operating under capacity.   He indicated  that details                                                               
with  regard to  Tesoro's output  rates will  be provided  to Mr.                                                               
Sniffen  under  confidentiality agreements.    In  response to  a                                                               
further question,  he said he  doesn't know how  Tesoro's average                                                               
refineries compare with other refineries  in the U.S. with regard                                                               
to unit costs.                                                                                                                  
                                                                                                                                
REPRESENTATIVE HAWKER  opined that such information  is relevant.                                                               
He  indicated that  he is  questioning whether  some of  Alaska's                                                               
costs are driven by a  unit cost differential inherent in smaller                                                               
refineries.  He asked whether  Tesoro's unit costs are consistent                                                               
at all its refineries.                                                                                                          
                                                                                                                                
MR. KNUDSON said he would research that issue further.                                                                          
                                                                                                                                
REPRESENTATIVE  HAWKER -  referring to  the aforementioned  chart                                                               
which  illustrates average  gasoline  prices,  gasoline prices  a                                                               
month  ago, and  gasoline prices  a year  ago, in  Alaska, Idaho,                                                               
Montana, North Dakota, South Dakota,  Washington, and the U.S. as                                                               
a  whole -  pointed out  that a  year ago,  the price  of regular                                                               
gasoline less  taxes in Alaska  was about the  same as it  was in                                                               
North  Dakota, where  Tesoro owns  the only  refinery, whereas  a                                                               
month ago,  the price  of regular gasoline  less taxes  in Alaska                                                               
was about a dollar more than it was in North Dakota.                                                                            
                                                                                                                                
11:50:47 AM                                                                                                                   
                                                                                                                                
MR. KNUDSON said he doesn't know why that is.                                                                                   
                                                                                                                                
CHAIR RAMRAS noted that with the  recent decrease in the price of                                                               
a barrel of  oil, the retail price of heating  oil has dropped in                                                               
his  area,  but,  again,  a  similar decrease  in  the  price  of                                                               
gasoline has not occurred.   He questioned what the difference is                                                               
between those  two types of  fuel that  would account for  such a                                                               
discrepancy.                                                                                                                    
                                                                                                                                
MR. KNUDSON  relayed that  heating oil  is a  high-sulfur product                                                               
whereas highway fuel is an  ultra-low-sulfur product, so they are                                                               
really two different products these days.                                                                                       
                                                                                                                                
CHAIR  RAMRAS clarified  that  his point  is  that market  forces                                                               
appear  to have  affected the  price  of heating  fuel but  don't                                                               
appear to have affected the price of gasoline.                                                                                  
                                                                                                                                
REPRESENTATIVE COGHILL asked how,  if companies spent the capital                                                               
to upgrade  their refineries so as  to be able to  produce ultra-                                                               
low-sulfur fuel, that cost would be passed on to the consumers.                                                                 
                                                                                                                                
MR.  KNUDSON said  he couldn't  answer  that question  accurately                                                               
today, but surmised that Mr.  Sniffen would be investigating that                                                               
issue  in the  near  future.   He  remarked,  however, that  just                                                               
because  his company  makes a  capital  investment, that  doesn't                                                               
mean that  it will  be able to  just raise the  price of  fuel in                                                               
order  to recapture  that  investment -  there  is no  connection                                                               
between the two.   In response to comments, he  indicated that he                                                               
wouldn't  be able  to  say whether  Tesoro  Corporation tries  to                                                               
recoup costs incurred  at its refineries in  competitive areas of                                                               
the nation  through its  prices in  Alaska, where  competition is                                                               
not so stiff.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG  offered  his understanding  that  some                                                               
other states have  authorized - and provided funding  for - their                                                               
attorneys  general  to investigate  these  types  of issues,  and                                                               
opined that the legislature would be  well advised to try and get                                                               
a  handle on  what  the  causes [of  continued  high retail  fuel                                                               
prices] are  in Alaska, and  investigate whether anything  can be                                                               
done to  help keep costs  down.  He  remarked that if  they could                                                               
figure out why [in March  2007] gasoline prices in Anchorage were                                                               
the lowest in the nation, it  could perhaps provide some clues as                                                               
to how to make it happen again.                                                                                                 
                                                                                                                                
11:59:00 AM                                                                                                                   
                                                                                                                                
MR.  KNUDSON suggested  that perhaps  some  Internet sites  could                                                               
provide  some pricing  data from  that  time.   He remarked  that                                                               
although prices in the Lower 48 tend  to go up and down much more                                                               
sharply than they  do in Alaska, "they always  intersect over the                                                               
long term - always."                                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked   whether  pricing  is  entirely                                                               
random.                                                                                                                         
                                                                                                                                
MR.  KNUDSON offered  his belief  that  to a  very great  extent,                                                               
pricing is based  on local market conditions, such  as the number                                                               
of retail  sites, wholesalers, trucks, pipelines,  and refineries                                                               
there are in  a particular local.  In response  to a question, he                                                               
surmised  that attempting  to explain  what the  retail price  of                                                               
gasoline will  be is the same  as attempting to predict  what the                                                               
price of a barrel of oil will be.   They are both a commodity and                                                               
therefore subject to  all kinds of market  influences and factors                                                               
only  some  of which  can  be  charted, studied,  estimated,  and                                                               
projected over the years.                                                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested that  even a little  bit more                                                               
information would be helpful in attempting to solve the problem.                                                                
                                                                                                                                
MR.  KNUDSON  predicted  that when  the  DOL's  investigation  is                                                               
concluded,  it  will show  that  there  isn't really  a  problem;                                                               
consumers may  not like the  price, but the market  is performing                                                               
as it should.  He  then referred to the aforementioned Washington                                                               
investigation, and noted that although  an unbelievable amount of                                                               
data  was analyzed,  the  conclusion was  that  the markets  were                                                               
operating as  expected, regardless that they  weren't predictable                                                               
or understandable at every point in time.                                                                                       
                                                                                                                                
REPRESENTATIVE ROSES relayed that back  when he was a gas station                                                               
owner,  the prices  were  so  volatile that  a  group of  service                                                               
station owners in Anchorage decided  to form a gasoline retailers                                                               
association.   That  group  would  meet to  talk  about what  was                                                               
occurring  in  the  market,  but  didn't  discuss  price  fixing.                                                               
Representative Roses  said he  went to one  meeting, and  when he                                                               
was  asked  at that  meeting  how  he  determined what  price  to                                                               
charge,  he  said  he  simply  looked  to  see  what  his  nearby                                                               
competition was  charging, and when  asked what he did  about his                                                               
signs, he said he stopped  displaying prices because he was tired                                                               
of having to change his signs  several times a day.  He indicated                                                               
that  his refusal  to  post  prices was  considered  to be  price                                                               
fixing.   Those of  that group  who were  successfully prosecuted                                                               
were required  to lower  their gasoline prices  for the  next six                                                               
months.   Representative Roses said  that during that  time, when                                                               
he was competing with those stations  that had had to lower their                                                               
prices, he was selling his gas  for $.04/gallon less than he paid                                                               
for it.                                                                                                                         
                                                                                                                                
The committee took a recess from 12:07 p.m. to 1:59 p.m.                                                                        
                                                                                                                                
CHAIR RAMRAS -  after stating the committee's  goal and recapping                                                               
what transpired  earlier in the  meeting for  the representatives                                                               
from Safeway, Inc. - asked  who provides Safeway stores in Alaska                                                               
with gasoline  products; in other  words, which refiner  do those                                                               
products  come from  and what  distribution  source does  Safeway                                                               
use.                                                                                                                            
                                                                                                                                
2:04:37 PM                                                                                                                    
                                                                                                                                
RAY  WEST, Senior  Corporate Counsel,  Safeway,  Inc., said  that                                                               
some of the  company's gasoline products come from  out of state,                                                               
and offered to research that issue further.                                                                                     
                                                                                                                                
2:05:05 PM                                                                                                                    
                                                                                                                                
GLENDA  WOOD, Director,  Pricing  and  Promotion, Safeway,  Inc.,                                                               
relayed that  in Alaska, Safeway  gets most of its  gasoline from                                                               
either Flint Hills Resources or [Tesoro Alaska Company].                                                                        
                                                                                                                                
2:05:23 PM                                                                                                                    
                                                                                                                                
JOE GULLEY,  Manager, Denali District, Safeway,  Inc., added that                                                               
because  of  logistics,  gasoline   for  the  Safeway  stores  in                                                               
Southeast  Alaska -  Juneau  and Ketchikan  -  comes through  the                                                               
Seattle distribution link.                                                                                                      
                                                                                                                                
MS. WOOD  relayed also that  in Southwest Alaska,  Safeway stores                                                               
get  their gasoline  through  a couple  of  different brokers  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
MR. GULLEY, in response to  a question, listed the Safeway stores                                                               
in Alaska.                                                                                                                      
                                                                                                                                
MS.  WOOD,  in response  to  questions,  said that  Safeway  also                                                               
operates  gasoline stations  in  Washington, Oregon,  California,                                                               
Colorado, Arizona,  Texas, Illinois,  on the  East Coast,  and in                                                               
Canada;  that in  general, the  percentage that  Safeway's retail                                                               
gasoline prices  rise or  fall is  similar in  all of  its retail                                                               
markets;  that in  the  last five  years,  market volatility  has                                                               
increased,  and thus  Safeway has  had difficulty  in all  of its                                                               
markets dealing with high costs  while still pricing its gasoline                                                               
competitively; and  that Safeway prices  its gasoline as  a whole                                                               
and  doesn't differentiate  price  according to  which state  the                                                               
gasoline will  be sold in  - but the  company has seen  the rapid                                                               
cost increases along with the  not-so-rapid cost decreases at all                                                               
of its stations.                                                                                                                
                                                                                                                                
2:13:47 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS,  in response  to a question,  relayed that  for its                                                               
chart that  illustrates average gasoline prices,  gasoline prices                                                               
a month  ago, and gasoline prices  a year ago, in  Alaska, Idaho,                                                               
Montana, North Dakota, South Dakota,  Washington, and the U.S. as                                                               
a  whole,  the  committee  used  information  from  the  American                                                               
Automobile Association  (AAA) web  site.  That  chart illustrates                                                               
quite a difference in pricing  in Alaska compared to other states                                                               
in the [Pacific Northwest].                                                                                                     
                                                                                                                                
MR.  WEST questioned  whether the  recent troubles  at the  Flint                                                               
Hills Resources  refinery might  have had  an impact  on Alaska's                                                               
prices.                                                                                                                         
                                                                                                                                
CHAIR  RAMRAS said  the committee  is specifically  interested in                                                               
the apparent lag  in which prices in Alaska -  compared to prices                                                               
elsewhere in  the country -  are dropping back down  to something                                                               
considered  normal.   He asked  for  information about  Safeway's                                                               
"pricing power."                                                                                                                
                                                                                                                                
MR. WEST  said he is  not sure  that Safeway considers  itself to                                                               
have  much  pricing  power; instead,  generally,  Safeway  simply                                                               
surveys its competitors to determine how to price its product.                                                                  
                                                                                                                                
MS. WOOD  added that  Safeway also  factors in  the substantially                                                               
higher wholesale costs  in Alaska.  In  Alaska, Safeway purchases                                                               
product from  independent refiners  who in turn  have had  to buy                                                               
product from  the secondary market;  Safeway buys its  product at                                                               
the best possible  prices from the independent  refiners - though                                                               
those prices are  higher in Alaska than they are  in other states                                                               
- and  then prices its  retail product accordingly.   In response                                                               
to a question, she proffered  that wholesale prices in Alaska are                                                               
higher because  of the  state's limited  refining capacity.   The                                                               
few refiners there are in Alaska  are small and have to buy their                                                               
raw crude from one of the  major companies and then mark up their                                                               
prices accordingly.  Safeway buys  refined products at contracted                                                               
rates,  but must  then  transport those  products  to its  retail                                                               
sites,  thus incurring  transportation costs.   And  when Safeway                                                               
has to  import its gasoline  from out of state,  Safeway's retail                                                               
prices reflects those  higher transportation costs.   Most of the                                                               
gasoline used in Alaska is not refined in Alaska, she noted.                                                                    
                                                                                                                                
MR.  WEST, in  response to  a  comment, reiterated  that for  its                                                               
Ketchikan and Juneau stores, Safeway  transports gasoline up from                                                               
Washington.   He remarked that  in Alaska,  there isn't a  lot of                                                               
competition among  refiners, and  that those refiners,  just like                                                               
refiners  everywhere else,  are subject  to the  "spot crude  oil                                                               
markets."                                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  that  if it  were  true that  the                                                               
transportation  costs of  Safeway's  gasoline  products are  what                                                               
results in  higher retail prices, then  those same transportation                                                               
costs  should also  be affecting  the prices  of Safeway's  other                                                               
products, but  that doesn't seem  to be the  case - the  price of                                                               
Safeway's gasoline  is higher, proportionally, than  the price of                                                               
its other products.                                                                                                             
                                                                                                                                
MR.  WEST offered  his  belief that  most  products that  Safeway                                                               
cannot source in Alaska do  include a premium for transportation,                                                               
though he is not sure how big  that premium is or how it compares                                                               
to  [the   one  associated   with  Safeway's   retail  gasoline],                                                               
particularly given that gasoline  must be shipped differently due                                                               
to regulatory requirements and other issues.                                                                                    
                                                                                                                                
2:25:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that  the committee is questioning                                                               
whether the  increase in gasoline  price is  due to those  in the                                                               
petroleum  industry  or  due  to   those  in  the  transportation                                                               
industry.                                                                                                                       
                                                                                                                                
MR. WEST said:                                                                                                                  
                                                                                                                                
     The fact  that we  are able  to ship  gas from  the ...                                                                    
     state  of Washington  economically points  to the  fact                                                                    
     that the  ... refiner's  price in Alaska  is relatively                                                                    
     high.   Were that  not the case,  I think  it's obvious                                                                    
     that   we  could   ship   the   product  from   Alaska,                                                                    
     economically, rather  than having  to go to  Seattle to                                                                    
     get  it.    Which  doesn't necessarily  mean  that  ...                                                                    
     transportation  cost  is  solely to  blame  for  higher                                                                    
     prices in  Alaska; we think also  that limited refining                                                                    
     capacity there is part of the problem.                                                                                     
                                                                                                                                
CHAIR  RAMRAS  pondered  whether  refiners in  Alaska  set  their                                                               
prices based  on what it  would cost  an outside refiner  to ship                                                               
petroleum products to Alaska from the Lower 48.                                                                                 
                                                                                                                                
MR.  WEST said  that from  an economic  standpoint, it's  hard to                                                               
imagine  how the  wholesale  price  in Seattle  and  the cost  of                                                               
shipping  wouldn't,   to  some  extent,  influence   and  perhaps                                                               
discipline the price that refineries in Alaska are charging.                                                                    
                                                                                                                                
2:33:30 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS asked how Safeway views its gasoline sales.                                                                        
                                                                                                                                
MS.  WOOD indicated  that  because Safeway  is  primarily in  the                                                               
business of selling  groceries, it views its gasoline  sales as a                                                               
customer convenience.  Particularly  as gasoline prices escalate,                                                               
selling  gasoline at  lower prices  provides Safeway's  customers                                                               
with another  form of  a reward for  shopping there,  and Safeway                                                               
has found that providing discounts  for gasoline is viewed by its                                                               
customers as  a more meaningful  reward than  providing discounts                                                               
for grocery items.                                                                                                              
                                                                                                                                
MR.  WEST added,  though,  that Safeway  still  expects its  fuel                                                               
department to show a profit at  the end of the year and certainly                                                               
not to lose money.                                                                                                              
                                                                                                                                
CHAIR RAMRAS surmised that the  assumption of Safeway's customers                                                               
is  that Safeway's  posted retail  gasoline prices  - before  any                                                               
reward discounts are applied -  really are comparables with those                                                               
of nearby competitors.                                                                                                          
                                                                                                                                
MS. WOOD,  in response  to comments  and questions,  relayed that                                                               
Safeway's divisions are looked at  as a whole, and that Safeway's                                                               
costs are reflected in its retail prices.                                                                                       
                                                                                                                                
MR.  WEST,  in  response  to  comments  and  questions  regarding                                                               
Safeway's profit  margins and  costs in  the different  states in                                                               
which  it operates,  declined to  answer on  the basis  that that                                                               
information is proprietary.                                                                                                     
                                                                                                                                
MS.  WOOD added  that research  of rack  price data  would reveal                                                               
whether, in  each state  in which  it operates,  Safeway's retail                                                               
prices  are a  consistent  percentage higher  than its  wholesale                                                               
costs.                                                                                                                          
                                                                                                                                
2:43:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES relayed  that back  when he  owned two  car                                                               
washes that also sold gasoline, it  was not his intention to make                                                               
money on his  gasoline sales, and, in fact,  he occasionally sold                                                               
gasoline for less  than he bought it for because  his goal was to                                                               
encourage customers to use his car  wash services.  Back then, he                                                               
noted, his average  price markup was $.05/gallon,  and almost all                                                               
gasoline  stations were  full service  stations, and  a lot  were                                                               
owned  by mechanics  who also  happened to  sell gasoline.   Back                                                               
then, the  retail market  was extremely  competitive, and  one of                                                               
the advantages he obtained when  he became a branded retailer for                                                               
Union 76 gasoline  products was that he didn't have  to pay a fee                                                               
on any  sales paid for with  a Union 76 credit  card, whereas the                                                               
fee he  was charged for all  other credit card sales  was about 2                                                               
percent.   He then reiterated  some of his comments  from earlier                                                               
in the meeting,  and indicated that even when he  was able to buy                                                               
gasoline  products for  a lower  price from  his distributor,  he                                                               
still had to mark up his  retail prices such that he could afford                                                               
to pay the [potentially] higher cost of his next purchase.                                                                      
                                                                                                                                
[The   chairing   site   muted  audio   due   to   teleconference                                                               
interference;  therefore,   no  audio   is  available   for  that                                                               
timeframe.]                                                                                                                     
                                                                                                                                
2:51:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES provided  anecdotal  information about  his                                                               
experience as  a gas  station owner, and  recalled how  state and                                                               
federal taxes were  simply included as part of the  price he paid                                                               
for  a load  of  fuel;  therefore, when  he  was  also charged  a                                                               
corporate tax,  it was based  on his gross sales,  which included                                                               
federal and state taxes, and so he  was taxed on the money he was                                                               
paying for  taxes.  He  remarked that  gasoline is not  a product                                                               
upon which  to make money,  because the retail  gasoline industry                                                               
is too competitive, too regulated, and too restrictive.                                                                         
                                                                                                                                
CHAIR RAMRAS surmised that retailers  aren't making a profit, and                                                               
therefore any  profit to be made  in this industry must  be being                                                               
made  by either  the  distributors or  the  refiners, though  the                                                               
latter only with difficulty.                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  pointed out that transportation  costs must                                                               
also be factored in.                                                                                                            
                                                                                                                                
CHAIR  RAMRAS suggested,  though,  that some  retailers are  very                                                               
close to a  refinery and so therefore don't bear  much in the way                                                               
of   transportation  costs   but  still   charge  retail   prices                                                               
competitive  with those  stations that  have to  have their  fuel                                                               
transported in from further away.                                                                                               
                                                                                                                                
REPRESENTATIVE HAWKER noted, though,  that some of those stations                                                               
are located in areas that have a sales tax.                                                                                     
                                                                                                                                
REPRESENTATIVE ROSES indicated that  depending on what a refinery                                                               
is charging,  a retail  station owner might  be able  to purchase                                                               
gasoline  from further  away and  have it  shipped for  less cost                                                               
than he/she could buy it for from a nearby refinery.                                                                            
                                                                                                                                
3:01:21 PM                                                                                                                    
                                                                                                                                
LISA  SUNDBORG,  Office  Manager, Alaska  Petroleum  Distributing                                                               
Inc., relayed that her company  delivers fuel, both wholesale and                                                               
retail; that it  purchases fuel from the two  refineries in North                                                               
Pole - the one owned by  Flint Hills Resources, and the one owned                                                               
by Petro  Star Inc. (PSI);  that it purchases all  its ultra-low-                                                               
sulfur diesel and  all of its gasoline products  from Flint Hills                                                               
Resources, as well  as some home heating oil -  both number 1 and                                                               
number  2; that  it primarily  purchases its  home heating  oil -                                                               
both number 1 and  number 2 - from PSI; that  it doesn't have any                                                               
storage  facilities; that  it has  about 17  trucks; and  that it                                                               
goes  to the  refinery, loads  the  fuel, and  then delivers  the                                                               
fuel, and then - hopefully -  collects payment for it.  She noted                                                               
that at one  point her company had two gasoline  stations but had                                                               
closed one  of them because it  couldn't compete with any  of the                                                               
"box stores,"  since they  could buy  and then  sell fuel  at the                                                               
pump cheaper  than her  company could buy  it from  the refinery.                                                               
In  response to  a question,  she said  the company's  trucks, in                                                               
addition  to  hauling home  heating  oil,  haul gasoline  to  its                                                               
remaining station and  bulk [amounts of gasoline]  to Prudhoe Bay                                                               
and other locations.                                                                                                            
                                                                                                                                
CHAIR RAMRAS asked whether it would  be easy to buy trucks and go                                                               
into the business of hauling fuel.                                                                                              
                                                                                                                                
MS.  SUNDBORG said  permits would  have to  be acquired,  and one                                                               
would  have to  have enough  funds to  buy the  product to  begin                                                               
with.    For  example,  the  majority of  the  cost  her  company                                                               
contends with is the cost of  the product itself, and the company                                                               
generally sells  its product  for about 14  percent more  than it                                                               
paid for  it.  In  response to a  question, she said  her company                                                               
really only delivers gasoline to  two gasoline stations - the one                                                               
owned  by the  company  and another  one -  and  although it  had                                                               
delivered to  other gasoline stations  in the past, it  isn't now                                                               
because that's such  a hard market; a station has  to able to pay                                                               
for product up front before her company will deliver it.                                                                        
                                                                                                                                
CHAIR  RAMRAS  offered  his understanding  that  the  markup  for                                                               
distributing fuel is not extraordinary.                                                                                         
                                                                                                                                
MS.  SUNDBORG concurred,  adding that  at the  company's gasoline                                                               
station, the pump  price is $4.20, but the  company is purchasing                                                               
product for  $3.77 and then  paying federal tax  of approximately                                                               
$.18, thus resulting in a markup  of only $.25.  And although her                                                               
company  doesn't charge  itself to  deliver that  fuel, it  still                                                               
costs the company something to deliver  it.  Again, on most days,                                                               
box  stores in  the area  are selling  gasoline cheaper  than her                                                               
company  can  buy  it  for.   In  response  to  a  question,  she                                                               
indicated  that  all of  her  company's  costs are  significantly                                                               
higher now  than they used to  be.  In response  to comments, she                                                               
relayed  that  when  the gasoline  stations  near  her  company's                                                               
station  decide  to  drop  their  retail  prices,  the  company's                                                               
station  must also  drop  its  prices, even  if  it means  losing                                                               
money, or it won't have any customers.                                                                                          
                                                                                                                                
3:10:39 PM                                                                                                                    
                                                                                                                                
MR. SNIFFEN said he thought he'd  heard Ms. Sundborg say that her                                                               
company   purchases  ultra-low-sulfur   fuel  from   Flint  Hills                                                               
Resources, but  had heard  someone else  say earlier  that Tesoro                                                               
owns  the only  refinery in  Alaska that  can produce  ultra-low-                                                               
sulfur fuel.                                                                                                                    
                                                                                                                                
MR. COOK  explained that Flint  Hills Resources  purchases ultra-                                                               
low-sulfur fuel from that Tesoro  refinery and then resells it at                                                               
its own rack.                                                                                                                   
                                                                                                                                
MR. SNIFFEN asked Ms. Sundborg  whether Flint Hills Resources and                                                               
PSI have different prices for home heating oil.                                                                                 
                                                                                                                                
MS. SUNDBORG said no, their prices  are pretty much the same; the                                                               
difference  is  that PSI  provides  a  different payment  option,                                                               
which her company prefers.                                                                                                      
                                                                                                                                
MR. SNIFFEN asked Ms. Sundborg  whether she perceives competition                                                               
occurring between PSI and Flint Hills Resources.                                                                                
                                                                                                                                
MS. SUNDBORG  said that credit  terms are the driving  factor for                                                               
her  company.    In  addition,  though,  PSI  neither  makes  nor                                                               
distributes ultra-low-sulfur fuel, so  her company doesn't have a                                                               
choice in  where to  obtain that  product - it  must get  it from                                                               
Flint Hills Resources.  She  noted that her company also delivers                                                               
fuel  to Flint  Hills Resources,  which  prefers to  use its  own                                                               
product.   In  response to  a  question, she  clarified that  her                                                               
company  also  delivers  gasoline  in  bulk  to  some  commercial                                                               
enterprises that aren't  gas stations.  In response  to a further                                                               
question, she surmised  that a couple of reasons  why her company                                                               
doesn't  have many  gasoline stations  as  customers is  because,                                                               
one, most  stations are branded  stations and thus  purchase only                                                               
branded fuel, and, two, her  company demands payment on delivery,                                                               
which might not suit most independent stations.                                                                                 
                                                                                                                                
3:15:35 PM                                                                                                                    
                                                                                                                                
MR.  SNIFFEN relayed  that  about  a month  ago,  his office  was                                                               
directed to  start investigating  "these issues," and  so started                                                               
by  requesting information  from the  refineries, the  retailers,                                                               
and  the distributors,  and has  since received  only cooperation                                                               
from everyone.   His office  has also requested  information from                                                               
"Chevron" to try  to find out why other  gasoline retailers don't                                                               
obtain product from  the Lower 48, and what some  of the barriers                                                               
to that  process might be.   This information will be  helpful in                                                               
considering  what he  termed import  parity,  particularly as  it                                                               
pertains to  Southcentral Alaska.  Import  parity illustrates the                                                               
difference in what it would cost  to bring fuel up from the Lower                                                               
48 and  then sell  it in  Alaska's market,  as opposed  to simply                                                               
getting fuel  directly from one  of Alaska's refineries.   Import                                                               
parity   could   illustrate,   for  example,   whether   Alaska's                                                               
refineries  are colluding  with each  other -  he added,  though,                                                               
that  at this  point his  office has  no reason  to believe  that                                                               
that's what's occurring.                                                                                                        
                                                                                                                                
MR. SNIFFEN said  that if prices at Alaska's  refineries get high                                                               
enough, competitors  might decide to  just barge product  up from                                                               
the  Lower  48.   Mr.  Sniffen  indicated  that Mr.  Pulliam  has                                                               
relayed that  import parity somewhat  drives some of  the pricing                                                               
decisions  being  made by  Alaska's  refineries.   Refiners  must                                                               
ensure that their  prices stay at or below a  certain level so as                                                               
not  to   encourage  the  aforementioned  type   of  competition.                                                               
Knowing  what it  would really  cost for  someone to  import fuel                                                               
from the  Lower 48  would assist the  DOL in  determining whether                                                               
prices in Alaska are [significantly]  above what one would expect                                                               
in a market that's operating in a rational and normal manner.                                                                   
                                                                                                                                
MR.  SNIFFEN referred  to a  pair of  graphs in  members' packets                                                               
illustrating regular unleaded retail  gasoline prices after taxes                                                               
in  Anchorage, Fairbanks,  and Seattle  between January  2002 and                                                               
August  2008.   The first  graph illustrates  absolute prices  in                                                               
those  locations, and  the second  graph compares  the prices  in                                                               
Anchorage  and Fairbanks  with those  in Seattle.   He  explained                                                               
that  the  prices  in  Seattle are  used  in  calculating  import                                                               
parity.   Generally, absolute prices  in Anchorage  and Fairbanks                                                               
have pretty much  paralleled the absolute prices in  Seattle.  He                                                               
mentioned that  there is another  pair of graphs  that illustrate                                                               
these  same things  but include  a  national average  price.   He                                                               
pointed  out that  all  the  issues which  some  have argued  are                                                               
responsible  for increasing  retail gasoline  prices in  Alaska -                                                               
refining costs,  labor costs,  transportation costs,  fuel costs,                                                               
operating costs - are not new;  those issues have been around for                                                               
the  last  decade and  have  not  changed significantly.    These                                                               
graphs show  what the  trends have  been.  He  noted that  in the                                                               
aforementioned  second  graph, one  can  see  that in  2007,  the                                                               
prices in  Anchorage and  Fairbanks were quite  a bit  lower than                                                               
they were elsewhere in the country.                                                                                             
                                                                                                                                
3:21:29 PM                                                                                                                    
                                                                                                                                
MR. SNIFFEN  referred to another  pair of graphs  that illustrate                                                               
regular  unleaded gasoline  prices  in Anchorage  and Seattle  in                                                               
comparison with the  price of ANS crude between  January 2002 and                                                               
August  2008  before  taxes.   The  graph  illustrating  absolute                                                               
prices indicates  that although Alaska's prices  are higher, they                                                               
have  generally followed  the trend  of ANS  crude prices.   This                                                               
rules out  any argument  that the percentage  of how  much higher                                                               
Alaska's prices are has increased recently.                                                                                     
                                                                                                                                
MR. SNIFFEN  referred to another  graph illustrating  rack prices                                                               
compared   to  retail   regular  unleaded   gasoline  prices   in                                                               
Anchorage,  Fairbanks,  Seattle, and  the  U.S.  - on  average  -                                                               
between January  2002 and August  2008 before taxes.   This graph                                                               
illustrates what  the retail  margins are,  with the  "zero line"                                                               
illustrating the [rack rate].   Seattle's prices are always above                                                               
the  rack rate  and spike  much more  drastically and  more often                                                               
than do the  prices in Anchorage and  Fairbanks; furthermore, the                                                               
prices  in  Anchorage  and Fairbanks  have  occasionally  dropped                                                               
below  the rack  rate.   In  2008, the  prices  in Anchorage  and                                                               
Fairbanks had started  to rise from the rack rate,  with the rise                                                               
in the  price in Fairbanks  paralleling the rise in  the national                                                               
average  price, with  the rise  in the  price in  Anchorage being                                                               
much  less  dramatic  than  either  of those  two,  and  with  an                                                               
incredible rise in the price in Seattle.                                                                                        
                                                                                                                                
MR. SNIFFEN  said this  latter graph  indicates that  the current                                                               
price  increase is  not due  to retail  or distribution  pricing;                                                               
instead, it  seems to be  the rack rate  that drives price.   For                                                               
example, in  August, the average  rack rate in Alaska  for Tesoro                                                               
gasoline was $4.02, whereas in  Seattle it was around $3.10; this                                                               
approximate  $.90 difference  is  high, he  remarked, and  should                                                               
instead be  around $.20-$.40.   He  said he  is not  so concerned                                                               
that  retailers  are  colluding  to keep  prices  high,  or  that                                                               
distributors are  making a lot  of profit; the data  just doesn't                                                               
support  either of  those things  as the  cause of  Alaska's high                                                               
prices.  Therefore, the DOL  will instead be focusing on refining                                                               
issues and on  why rack rates are what they  are; they don't seem                                                               
to be moving nearly as much [as they should].                                                                                   
                                                                                                                                
3:26:08 PM                                                                                                                    
                                                                                                                                
MR. SNIFFEN, referring to the  arguments put forth earlier by the                                                               
refiners  that  regulatory  requirements   and  changes  in  fuel                                                               
consumption have  increased their  costs, pointed out  that those                                                               
factors  have  also  been  present  for  the  last  decade.    He                                                               
indicated that his office, therefore,  is questioning why the lag                                                               
in a  corresponding decrease in  Alaska's retail prices  has drug                                                               
out  for  three or  four  months.   He  added,  "It  can't be  an                                                               
operational issue  - ... we  would have  seen that kind  of stuff                                                               
happen  before  -  so  there  is something  else  going  on,  ...                                                               
[though]  I'm not  suggesting it's  something  that's illegal  or                                                               
violates any  of our  laws."  If  that lag is  really due  to the                                                               
rapid increase in the price of  crude oil, a similar lag would be                                                               
taking place everywhere  else in the country and it's  not.  Once                                                               
the DOL receives the requested  information from the refiners, it                                                               
will have a better sense of what might be occurring.                                                                            
                                                                                                                                
MR. SNIFFEN indicated that it is  important to know the causes so                                                               
as to  be able to  take appropriate steps  now and in  the future                                                               
should  something  similar  occur  again.   He  referred  to  the                                                               
earlier  discussion   about  possibly   making  changes   to  the                                                               
restrictions regarding how  much the state must  sell its royalty                                                               
oil for, though noted that  such changes would raise other issues                                                               
which would  have to  be addressed.   In conclusion,  he remarked                                                               
that other graphs in members'  packets detail information similar                                                               
to that which  the graphs that were discussed detailed  - and all                                                               
illustrate that  Alaska's prices  somewhat intersect  with prices                                                               
elsewhere  up   until  June  of   this  year,  after   which  the                                                               
differences in  prices became  more dramatic and  the lag  in any                                                               
corresponding price decrease has been long.                                                                                     
                                                                                                                                
CHAIR RAMRAS surmised that constituents would concur.                                                                           
                                                                                                                                
REPRESENTATIVE COGHILL  said he was  surprised to learn  that one                                                               
of the  refiners has  to import  25 percent of  its crude  oil in                                                               
order  to meet  its  demands.   He indicated  that  he still  has                                                               
questions that  remain unanswered such  as whether there  is some                                                               
finished product being imported  into Alaska that's affecting the                                                               
retail price.                                                                                                                   
                                                                                                                                
MR.  SNIFFEN  relayed  that  at the  end  of  the  aforementioned                                                               
previous gasoline-pricing  investigation, it was  determined that                                                               
Alaska  was a  net exporter  of refined  products.   Alaska could                                                               
refine all  the fuel needed in  the Railbelt, and have  an excess                                                               
supply of  gasoline to sell  outside of  Alaska.  He  offered his                                                               
belief that  that is still  true today,  and that Alaska  has the                                                               
capacity to  refine all  the gasoline products  that are  used in                                                               
Alaska.  Usage  in Anchorage and Fairbanks make up  70 percent of                                                               
the state's  total gasoline  usage, with  about 60  percent being                                                               
used  in  Anchorage  and  about   10-20  percent  being  used  in                                                               
Fairbanks.                                                                                                                      
                                                                                                                                
3:32:21 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  said he  intends to hold  monthly meetings  on this                                                               
topic until such  time as there is no longer  a disparity between                                                               
prices in Alaska compared with  other states, and reiterated that                                                               
the committee would be producing a  report.  He predicted that if                                                               
someone undertook  to import inexpensive  gasoline to  the state,                                                               
the  refineries'  prices  would   snap  back  to  something  more                                                               
conventional.                                                                                                                   
                                                                                                                                
REPRESENTATIVE COGHILL indicated agreement  with the intention of                                                               
holding meetings until something can be resolved.                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  Mr. Sniffen  whether  he  could                                                               
suggest a possible legislative solution.                                                                                        
                                                                                                                                
MR. SNIFFEN  said he is not  sure that a "price  gouging" statute                                                               
would really resolve the issue, though  it wouldn't be a bad idea                                                               
for the state to  have one.  The question of  when such a statute                                                               
would be  triggered should be  considered.  If it  were triggered                                                               
upon a  declared state of  emergency, for example,  merely having                                                               
high  gas prices  wouldn't  reach  that level  even  in times  of                                                               
economic distress.   He indicated  that the DOL has  drafted such                                                               
legislation  in the  past, though  it  never made  it though  the                                                               
process, and  he would be happy  to share it with  the committee.                                                               
He  also noted  that  currently, Alaska's  antitrust  law has  no                                                               
penalty  provisions, though  those of  other states  do, as  does                                                               
federal law.   Under federal law,  a violation carries with  it a                                                               
maximum penalty of $100 million  for a corporation and $1 million                                                               
for  an individual;  under Alaska  law, a  violation is  merely a                                                               
misdemeanor.    The  DOL   prosecutes  all  antitrust  violations                                                               
occurring  in  the state,  and  "this"  would  be included  as  a                                                               
consumer protection Act violation as well.                                                                                      
                                                                                                                                
3:37:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   expressed  interest  in   pursuing  a                                                               
statutory solution.                                                                                                             
                                                                                                                                
[Following  was a  brief discussion  regarding how  the committee                                                               
might be proceeding.]                                                                                                           
                                                                                                                                
REPRESENTATIVE  COGHILL  pointed out  that  although  there is  a                                                               
refinery  in  his district,  his  constituents  pay some  of  the                                                               
highest prices [for gasoline and home heating oil].                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  expressed disfavor  with the  fact that                                                               
Alaska does not have what  he characterized as a better antitrust                                                               
law.                                                                                                                            
                                                                                                                                
CHAIR RAMRAS  expressed concern  that the  high retail  prices of                                                               
petroleum products are already causing damage to constituents.                                                                  
                                                                                                                                
[Following  was  another  brief   discussion  regarding  how  the                                                               
committee might be proceeding.]                                                                                                 
                                                                                                                                
MR. SNIFFEN, in  response to a question,  explained that Alaska's                                                               
antitrust statute is patterned after  federal law, but, again, is                                                               
lacking  penalty  provisions.   Although  some  issues  regarding                                                               
competition have  been raised  over the last  few years,  the DOL                                                               
has not yet had a chance to focus on the state's antitrust law.                                                                 
                                                                                                                                
3:49:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI   offered  his  understanding   that  an                                                               
article in the Anchorage Daily  News indicates that 95 percent of                                                               
all the  gasoline used  in the  state is refined  in Alaska.   He                                                               
asked  when  the  DOL  will  be  able  to  release  its  findings                                                               
regarding the current investigation.                                                                                            
                                                                                                                                
MR. SNIFFEN  said he hopes to  be able to share  some preliminary                                                               
findings before the end of the year.                                                                                            
                                                                                                                                
REPRESENTATIVE  KAWASAKI asked  how  the DOL  will determine  the                                                               
veracity of  the argument that  rack prices are driven  by market                                                               
forces.                                                                                                                         
                                                                                                                                
MR. SNIFFEN  said that  the DOL  is asking  refiners how  much it                                                               
costs to produce "a unit," what  those costs consist of, and what                                                               
costs are variable  from year to year.  He  surmised that many of                                                               
those costs won't have actually changed.  He went on to say:                                                                    
                                                                                                                                
     Based on  that information,  I can get  a good  idea of                                                                    
     why [the  rack price]  ... should  change -  other than                                                                    
     the crude price - and  what's going into that decision.                                                                    
     And  so  we'll  have  some  economic  answers  [to  the                                                                    
     question of] ... what are  the stimuli that would cause                                                                    
     a  [gasoline] producer  to change  their prices  at the                                                                    
     rack. ...  We're going  to try and  dissect it  out, to                                                                    
     all its component parts as much  as we can, and come up                                                                    
     with how it is they're justifying their rack rates.                                                                        
                                                                                                                                
MR. SNIFFEN,  in response  to a question,  said he  doesn't think                                                               
that  this  type  of  information  was  sought  during  the  last                                                               
investigation, and  the report  that was made  public was  just a                                                               
summary of the DOL's confidential  report.  He mentioned that his                                                               
office will  also be seeking the  aforementioned information from                                                               
refiners outside of Alaska.                                                                                                     
                                                                                                                                
REPRESENTATIVE  KAWASAKI   -  paraphrasing  from   the  findings'                                                               
portion of a document titled,  "Alaska Petroleum Products Pricing                                                               
Investigation Closing  Report, Prepared by the  Alaska Department                                                               
of  Law November  21,  2002",  and noting  its  use  of the  term                                                               
"parallel pricing"  - asked for  more information  about parallel                                                               
pricing.                                                                                                                        
                                                                                                                                
MR. SNIFFEN explained  that parallel pricing is  what occurs when                                                               
a person can  see what a competitor is charging  for a product or                                                               
service  and then  sets the  same  price for  his/her product  or                                                               
service.  The existence of  parallel pricing does not necessarily                                                               
mean that collusion  is occurring; it is simply  that someone has                                                               
matched  an   advertized  price,  and  in   the  retail  gasoline                                                               
business, prices  are displayed  for everyone to  see.   The same                                                               
can be  said to  some extent  with regard  to rack  rates because                                                               
there are  services that  track rack  rates.   He said  that when                                                               
considering  the  question of  why  retail  prices are  quick  to                                                               
increase and  slow to  decrease, one must  realize that  when the                                                               
cost of fuel  rises, there is an immediate  economic incentive to                                                               
raise retail prices,  but when the cost of  fuel decreases, there                                                               
is no  economic incentive to  lower prices until  the competition                                                               
does so.   The same is true  of rack rates.   One possible reason                                                               
to lower  one's rack rates  before the competition does  so would                                                               
be to obtain more of the  market share, but in Alaska, the market                                                               
share for the  refiners is pretty much already divided  up due to                                                               
the  geographic locations  of  the refineries,  and  so not  much                                                               
change  is going  to occur.   And  given that,  it's simply  just                                                               
easier for the refiners to maintain similar [high] rack rates.                                                                  
                                                                                                                                
3:57:37 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  characterized the  current situation  regarding the                                                               
refiners  as  a duopoly,  and  again  predicted that  if  someone                                                               
undertook  to  import  inexpensive  gasoline to  the  state,  the                                                               
refiners' rack rates would immediately drop.                                                                                    
                                                                                                                                
MR. SNIFFEN concurred.                                                                                                          
                                                                                                                                
REPRESENTATIVE   GRUENBERG   posited  that   the   aforementioned                                                               
forthcoming committee  report could provide guidance  to the next                                                               
legislature.                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 4:01 p.m.                                                                 

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