Legislature(2001 - 2002)

03/23/2001 08:07 AM House O&G

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE SPECIAL COMMITTEE ON OIL AND GAS                                                                           
                         March 23, 2001                                                                                         
                           8:07 a.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Scott Ogan, Chair                                                                                                
Representative Hugh Fate, Vice Chair                                                                                            
Representative Fred Dyson                                                                                                       
Representative Mike Chenault                                                                                                    
Representative Vic Kohring                                                                                                      
Representative Gretchen Guess                                                                                                   
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING                                                                                                            
                                                                                                                                
Alaska Oil and Gas Conservation Commission                                                                                    
                                                                                                                                
     Julie Heusser - Anchorage                                                                                                  
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JULIE HEUSSER, Appointee                                                                                                        
to the Alaska Oil and Gas Conservation Commission (AOGCC)                                                                       
333 West Seventh Avenue, Suite 100                                                                                              
Anchorage, Alaska  99501-3539                                                                                                   
POSITION STATEMENT:  Testified as appointee to the AOGCC and                                                                    
answered questions relating to her appointment and to the AOGCC                                                                 
in general.                                                                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-19, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIR SCOTT  OGAN called the  House Special Committee on  Oil and                                                               
Gas meeting  to order at 8:07  a.m.  Members present  at the call                                                               
to  order were  Representatives Ogan,  Fate, Dyson,  Kohring, and                                                               
Guess.    Representatives  Chenault  and  Joule  arrived  as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
CONFIRMATION HEARING                                                                                                          
                                                                                                                                
Alaska Oil and Gas Conservation Commission                                                                                    
                                                                                                                                
Number 0042                                                                                                                     
                                                                                                                                
CHAIR  OGAN  announced  that the  committee  would  consider  the                                                               
confirmation  of  Julie  Heusser  to   the  Alaska  Oil  and  Gas                                                               
Conservation Commission  (AOGCC).  He  asked Ms. Heusser  to tell                                                               
members why she wished to serve on the AOGCC.                                                                                   
                                                                                                                                
Number 0088                                                                                                                     
                                                                                                                                
JULIE HEUSSER, Appointee  to the Alaska Oil  and Gas Conservation                                                               
Commission, answered that  she is an Alaskan and  just happens to                                                               
be  a petroleum  engineer.   She offered  some personal  history,                                                               
noting that her grandparents came to  Alaska in 1941 and that she                                                               
was born and  raised in Anchorage.  When deciding  what to study,                                                               
she said  one consideration was  that it  allow her to  return to                                                               
Alaska to  live.   She emphasized  that Alaska  is her  home, and                                                               
that she is committed to the  state and to protecting the oil and                                                               
gas resources for the citizens of Alaska.                                                                                       
                                                                                                                                
MS.  HEUSSER, in  response to  another question  relating to  the                                                               
higher pay in private industry, said  the oil and gas industry is                                                               
booming,  and   there  is  an   active  search   for  experienced                                                               
engineers,   geologists,   and   geophysicists;   industry   pays                                                               
accordingly.   She said  working for the  industry was  an option                                                               
for her, but Alaska is  her home and opportunities for employment                                                               
[in   private  industry]   would   have   taken  her   elsewhere.                                                               
Therefore, she has chosen to work at the AOGCC as a regulator.                                                                  
                                                                                                                                
CHAIR OGAN  expressed appreciation for Ms.  Heusser's willingness                                                               
to serve.  He  said he would like to thank  the governor, who had                                                               
a hard time a few years ago finding a petroleum engineer.                                                                       
                                                                                                                                
Number 0406                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  observed from Ms. Heusser's  resume that she                                                               
had worked  in the corporate  world previously, but  had switched                                                               
to work for the AOGCC; he expressed appreciation for that.                                                                      
                                                                                                                                
MS. HEUSSER noted  that she had been involved  just marginally in                                                               
the regulatory end  of things when working for the  industry.  In                                                               
response to  a further  question from  Chair Ogan,  she explained                                                               
that  the AOGCC,  when fully  staffed, would  have two  petroleum                                                               
engineers, two reservoir engineers,  and two geologists; she sees                                                               
her role  as applying her  "real-life, real-world  experience" to                                                               
decisions made by the AOGCC, which adds a "practical factor."                                                                   
                                                                                                                                
Number 0555                                                                                                                     
                                                                                                                                
CHAIR OGAN  asked Ms. Heusser  to describe  her responsibilities.                                                               
He characterized  the AOGCC as the  "police force ... of  the oil                                                               
patch."   Noting  that the  AOGCC has  quasi-judicial powers,  he                                                               
asked  how those  are exercised.   He  also asked  what kinds  of                                                               
scenarios arise  regarding competing  producers who  require that                                                               
regulatory oversight.                                                                                                           
                                                                                                                                
MS. HEUSSER  replied that she  also has heard the  AOGCC referred                                                               
to  as "the  police of  the oil  industry."   The AOGCC  provides                                                               
oversight  of  both  activities and  proposed  activities,  first                                                               
getting involved, for  example, when an operator  wishes to drill                                                               
a well; the  operator provides the AOGCC with a  permit to drill,                                                               
which the AOGCC reviews carefully,  not only from the perspective                                                               
of whether the  operator is drilling on the  operator's lease and                                                               
not someone else's,  but also from the standpoint  of whether the                                                               
design  protects  sources  of  drinking  water,  is  mechanically                                                               
competent, and will  do the job that  it is intended to  do.  Ms.                                                               
Heusser  said  the  AOGCC  regularly  interacts  with  operators,                                                               
particularly  new  operators  in  the   state,  and  is  able  to                                                               
effectively influence  how their  wells are  drilled.   She noted                                                               
that  the AOGCC  provides all  sorts of  input, from  planning to                                                               
remedial operations.                                                                                                            
                                                                                                                                
Number 0710                                                                                                                     
                                                                                                                                
CHAIR  OGAN suggested  there may  be different  royalty scenarios                                                               
for leases within fairly close  proximity or even within the same                                                               
pool.  He asked whether the  AOGCC ensures that the expensive oil                                                               
doesn't somehow migrate into the less-expensive oil well.                                                                       
                                                                                                                                
MS.  HEUSSER answered  that if  adjoining  leases have  different                                                               
property owners on  either side of the lease  line, most probably                                                               
a unit  will have  been formed.   The purpose of  the unit  is to                                                               
efficiently,  effectively, and  economically recover  all of  the                                                               
hydrocarbons that are  part of that oil pool or  gas pool that is                                                               
covered by  the leases.   Basically, it  is done on  a percentage                                                               
basis.   Drilling of  one well potentially  could drain  oil from                                                               
surrounding leases, and  that is factored in.   All producers get                                                               
their  money,  and  it  is  recognized upfront  how  much  oil  a                                                               
particular  lease holds;  the owner  of a  lease that  holds less                                                               
would receive  a smaller percentage  of the revenue from  the oil                                                               
that is produced out of that unit.                                                                                              
                                                                                                                                
MS. HEUSSER,  in response to  a question by Chair  Ogan, affirmed                                                               
that as  a quasi-judicial  agency, the AOGCC  has the  ability to                                                               
adjudicate  that.    She  clarified   that  in  most  situations,                                                               
however, operators that  own leases will voluntarily  form a unit                                                               
and agree  to the costs and  the percentage of revenues  for each                                                               
operator; only  when the  operators cannot  resolve that  do they                                                               
come to  the AOGCC, which then  will listen to both  sides, apply                                                               
good engineering principles, and make a decision.                                                                               
                                                                                                                                
Number 0837                                                                                                                     
                                                                                                                                
CHAIR OGAN  noted that the  full committee  was now present.   He                                                               
then  announced  that  having  met   with  Ms.  Heusser,  he  was                                                               
impressed with both  her credentials and her Alaskan  spirit.  He                                                               
concurred with her appointment.                                                                                                 
                                                                                                                                
Number 0949                                                                                                                     
                                                                                                                                
REPRESENTATIVE KOHRING  referred to the AOGCC's  role of policing                                                               
the oil industry in terms of  making sure that the royalties from                                                               
the  North Slope  are accurate.    He asked  Ms. Heusser  whether                                                               
there are any problems in that regard now.                                                                                      
                                                                                                                                
MS. HEUSSER  explained that  one responsibility  of the  AOGCC is                                                               
routine  "witnessing of  meter-proving"  to ensure  that the  oil                                                               
being metered is  being metered accurately, and  that the volumes                                                               
reported   by  the   operators   are   accurate,  which   equates                                                               
immediately  into  state  revenue.   In  response  to  a  further                                                               
question regarding whether Ms. Heusser  believes the volumes from                                                               
the North Slope  are accurate, Ms. Heusser said yes,  to the best                                                               
of her knowledge at this time.                                                                                                  
                                                                                                                                
Number 1069                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON asked  whether, with  a single  operator in                                                               
the field  now, Ms.  Heusser sees  any increased  opportunity for                                                               
that operator  to fix the  books and  cheat the state,  either in                                                               
regard  to  the royalty  share  or  in  regard  to the  costs  of                                                               
transportation, production, and so forth.                                                                                       
                                                                                                                                
MS. HEUSSER returned  to the function of  meter-proving; she said                                                               
the  AOGCC ensures  that what  goes into  Pump Station  1 of  the                                                               
Trans-Alaska Pipeline  System is  accurately metered.   The AOGCC                                                               
also  meters  volumes at  the  Milne  Point field,  the  Endicott                                                               
field, and  others.   If those  volumes are  accurately measured,                                                               
Ms. Heusser said, she isn't the  person who can address whether a                                                               
producer can cheat the state out  of revenue, which is based upon                                                               
the volume of oil.  If  there is another means [of cheating], Ms.                                                               
Heusser  added, she  isn't aware  of it.   As  for transportation                                                               
costs, those  are outside of her  area of expertise and  get back                                                               
to the  price at the wellhead;  by contrast, her own  area is the                                                               
"down-hole" and the surface metering.                                                                                           
                                                                                                                                
Number 1229                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOHRING recalled  that years  ago, when  first in                                                               
office, he was  on the budget subcommittee for  the Department of                                                               
Administration;  under  its  jurisdiction  was  the  AOGCC.    He                                                               
mentioned that  there were  concerns then  about funding  for the                                                               
AOGCC,  including salaries,  staffing,  and so  forth, which  was                                                               
inadequate  at the  time;  he'd attempted  to  put an  additional                                                               
$50,000  in,  he  said,  which the  administration  at  the  time                                                               
disagreed with.   He asked  Ms. Heusser whether she  believes the                                                               
AOGCC's  staffing  is  adequate  and whether  its  staff  can  do                                                               
adequate oversight, given its current budget.                                                                                   
                                                                                                                                
MS.  HEUSSER asked  Representative Kohring  what he  feels is  an                                                               
adequate level of  oversight.  She then noted that  the AOGCC has                                                               
six engineers  and geologists  who look over  all of  the state's                                                               
oil and gas  fields, whereas operators have twice  that amount of                                                               
staff to  look after one  field.  She  added that the  AOGCC does                                                               
oversight and acts "in an audit function."                                                                                      
                                                                                                                                
MS. HEUSSER said  for the time being the funding  is adequate and                                                               
a bit more  secure, being based upon program  receipts and funded                                                               
through  an accounting  mechanism by  the operators  that produce                                                               
and  inject oil  and  gas.   A separate  issue  is that  salaries                                                               
offered  by the  AOGCC for  technical staff  are not  competitive                                                               
with  salaries offered  in the  industry.   "We  feel like  we're                                                               
doing  a  good  job of  looking  over  all  of  the oil  and  gas                                                               
activities in the state of Alaska," she concluded.                                                                              
                                                                                                                                
Number 1396                                                                                                                     
                                                                                                                                
MS. HEUSSER, in  response to a question  by Representative Joule,                                                               
specified that  the AOGCC has  two petroleum  engineer positions,                                                               
one  filled; two  reservoir engineer  positions, one  filled; and                                                               
two geologist positions, both filled.                                                                                           
                                                                                                                                
REPRESENTATIVE  JOULE  noted  that  in  a  previous  hearing  the                                                               
committee heard  that the Department  of Natural  Resources (DNR)                                                               
receives   from  the   producers  information   including  three-                                                               
dimensional  (3-D) seismic  information; he  also noted  that the                                                               
state would have to pay to  have that interpreted, but doesn't do                                                               
so.   He asked:   If the state  isn't willing  to pay to  get the                                                               
information  from the  industry that  would reveal  what the  3-D                                                               
information says,  would it  be helpful to  have someone  [at the                                                               
AOGCC] who can  read that information as it is  received from the                                                               
oil  companies?    He  specified that  he  wasn't  talking  about                                                               
interpreting it directly and paying  for that interpretation, but                                                               
was  talking about  somebody who  could look  at the  information                                                               
that the oil  companies have, at their  facilities, and interpret                                                               
it there.                                                                                                                       
                                                                                                                                
MS.  HEUSSER  answered  that  she   is  of  the  philosophy  that                                                               
information is  power.   Being able  to understand  and interpret                                                               
seismic data would be of great  value to the state; it would help                                                               
when it  comes to  lease sales and  would help  regarding whether                                                               
the AOGCC  believes bids  being received are  reasonable.   As to                                                               
whether that position would fall under  the DNR or the AOGCC, Ms.                                                               
Heusser said she had no opinion.                                                                                                
                                                                                                                                
Number 1539                                                                                                                     
                                                                                                                                
MS.  HEUSSER, in  response  to  a question  by  Chair Ogan,  said                                                               
reading   3-D  seismic   information  isn't   part  of   her  own                                                               
background.   It  is an  art; a  geophysicist who  specializes in                                                               
interpreting  seismic  data,  whether two-dimensional  or  three-                                                               
dimensional,  would do  that.   She  further  responded that  the                                                               
AOGCC  has  people who  are  competent  in assessing  interpreted                                                               
geophysical information, who can "spot  gas with the best of them                                                               
and  ...   identify  structures  off  of   seismic  information";                                                               
therefore, the AOGCC has that expertise to a limited extent.                                                                    
                                                                                                                                
Number 1601                                                                                                                     
                                                                                                                                
CHAIR OGAN asked  whether the AOGCC exercises  that ability much,                                                               
and whether  the AOGCC has  the resources to get  the information                                                               
from the oil  companies.  He recalled that  a representative from                                                               
the [DNR's] Division of Oil and  Gas had talked about the lack of                                                               
[monetary] resources  to get all  of the 3-D seismic  data, which                                                               
the division could get for the  price of reproducing it.  He also                                                               
asked whether there is an active program now.                                                                                   
                                                                                                                                
MS.  HEUSSER  answered  that within  the  AOGCC,  collecting  and                                                               
interpreting seismic  data is not  a routine function.   However,                                                               
the AOGCC  had used it recently  in order to help  the Department                                                               
of  Environmental Conservation  assess a  spill-contingency plan.                                                               
It  requires   fairly  technical  expertise  and   a  "monstrous"                                                               
computer  system, and  the  AOGCC  isn't set  up  to  do it;  Ms.                                                               
Heusser said she cannot speak for  the DNR, but suspects that the                                                               
DNR isn't set up  to do that, either.  It  would be an investment                                                               
in  not  only  personnel,  but  perhaps  also  in  some  computer                                                               
hardware and software, in order to do the job adequately.                                                                       
                                                                                                                                
Number 1701                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE  noted that  Ms.  Heusser,  in a  discussion                                                               
prior to the meeting, had said how  busy the AOGCC is.  He asked,                                                               
with these unfilled  positions, whether the AOGCC  is keeping up.                                                               
He pointed out  that there would be an added  workload because of                                                               
gas exploration.                                                                                                                
                                                                                                                                
MS. HEUSSER  answered that  the AOGCC has  a great  staff; people                                                               
work long  hours, including  late at night  and on  weekends, and                                                               
are  scrambling to  keep up  with the  permits to  drill and  the                                                               
sundry applications  that need  the AOGCC's  review in  order for                                                               
operators  to  continue to  do  business.    If things  get  even                                                               
busier, then the AOGCC definitely  will be scrambling.  She noted                                                               
that  the AOGCC  has  had  some difficulty  in  filling its  open                                                               
engineering  positions.    The AOGCC  wants  experienced  people;                                                               
although the  staff is well  compensated by the state  salary pay                                                               
scale,  the commission  cannot compete  with salaries  offered by                                                               
the industry.                                                                                                                   
                                                                                                                                
Number 1823                                                                                                                     
                                                                                                                                
CHAIR  OGAN  informed  members that  the  procedure  regarding  a                                                               
confirmation is that the committee  doesn't make a recommendation                                                               
per  se, but  just notifies  the Speaker  of the  House that  the                                                               
confirmation has  been heard.   He thanked Ms. Heusser  and asked                                                               
her to  contact him or  the committee  if there is  anything they                                                               
can do  for the AOGCC.   He expressed  an interest in  spending a                                                               
day  or two  in the  field during  the interim,  in order  to see                                                               
firsthand what the AOGCC does.                                                                                                  
                                                                                                                                
MS. HEUSSER responded  that the AOGCC would  welcome having Chair                                                               
Ogan or any other Representative  stop by and would gladly answer                                                               
questions.                                                                                                                      
                                                                                                                                
[There being  no objection,  the confirmation  of Ms.  Heusser to                                                               
the AOGCC was advanced.]                                                                                                        
                                                                                                                                
CHAIR OGAN  called an at-ease at  8:37 a.m. in order  to hear the                                                               
Overview  Presentation by  the Alaska  Oil  and Gas  Conservation                                                               
Commission,  as well  as  the Oil  and  Gas Subcommittee  Report.                                                               
[For minutes  on the  overview and  the subcommittee  report, see                                                               
the cover sheet for 8:37 a.m. this same date.]                                                                                  

Document Name Date/Time Subjects