Legislature(2001 - 2002)

02/05/2002 10:12 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                                                                           
                        February 5, 2002                                                                                        
                           10:12 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                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Reggie Joule                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONTINUATION OF ROYALTY-IN-KIND GAS SALE HEARING                                                                                
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MICHAEL HURLEY, Senior Commercialization Specialist                                                                             
ANS Gas Commercialization                                                                                                       
Phillips Alaska, Inc.                                                                                                           
700 G Street                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified that the state's proposed                                                                        
royalty-in-kind (RIK) gas sale, as currently envisioned, further                                                                
burdens an already economically challenged project.                                                                             
                                                                                                                                
KEN KONRAD, Senior Vice President                                                                                               
BP Exploration (Alaska) Inc.                                                                                                    
P.O. Box 196612                                                                                                                 
900 East Benson Boulevard                                                                                                       
Anchorage, Alaska  99519-6612                                                                                                   
POSITION STATEMENT:  Expressed concerns about the state's                                                                       
proposed RIK gas sale as it is currently structured and about                                                                   
the timing.                                                                                                                     
                                                                                                                                
RICHARD GLENN, Vice President of Lands                                                                                          
Arctic Slope Regional Corporation                                                                                               
P.O. Box 129                                                                                                                    
Barrow, Alaska  99273                                                                                                           
POSITION STATEMENT:  Testified in  support of the state's RIK gas                                                               
sale  efforts  and   an  overland  route  for   a  gas  pipeline;                                                               
emphasized the need for access.                                                                                                 
                                                                                                                                
DON MAHON, Vice President                                                                                                       
Alaska Power Operations                                                                                                         
Alaska Power & Telephone Company                                                                                                
Mile 1314 Alaska Highway                                                                                                        
Tok, Alaska  99780                                                                                                              
POSITION STATEMENT:  Testified in support of the RIK gas sale.                                                                  
                                                                                                                                
ERIC HANNAN, General Manager                                                                                                    
Power Operations                                                                                                                
Tok Area Division                                                                                                               
Alaska Power & Telephone Company                                                                                                
Mile 1314 Alaska Highway                                                                                                        
Tok, Alaska  99780                                                                                                              
POSITION STATEMENT:   Testified in  support of the RIK  gas sale,                                                               
specifying the benefits to the Tok region.                                                                                      
                                                                                                                                
KENNETH A. BOYD, Lobbyist                                                                                                       
for AEC Oil & Gas (USA) Inc.                                                                                                    
23650 Sunny Glen Drive                                                                                                          
Eagle River, Alaska  99577                                                                                                      
POSITION STATEMENT:   Provided background information  on Alberta                                                               
Energy Company (AEC); expressed  appreciation for the state's RIK                                                               
gas  sale;  emphasized  the  importance  of  having  access  with                                                               
certainty.                                                                                                                      
                                                                                                                                
ALAN SHARP, Director                                                                                                            
Northern Business Development                                                                                                   
AEC Marketing (USA) Inc.                                                                                                        
3900, 421 - 7th Avenue S.W.                                                                                                     
Calgary, Alberta, Canada  T2P 4K9                                                                                               
POSITION STATEMENT:   Testified  in support of  the RIK  sale and                                                               
process.                                                                                                                        
                                                                                                                                
MARK HANLEY, Public Affairs Manager                                                                                             
Anadarko Petroleum Corporation                                                                                                  
3201 C Street, Suite 603                                                                                                        
Anchorage, Alaska  99503                                                                                                        
POSITION STATEMENT:   Highlighted the added value  to the state's                                                               
royalty gas included in the  AEC/Anadarko bid; explained the need                                                               
for the  state to  sell its  royalty gas  before an  open season;                                                               
emphasized the need to determine FERC's authority.                                                                              
                                                                                                                                
MARK MYERS, Director                                                                                                            
Division of Oil and Gas                                                                                                         
Department of Natural Resources (DNR)                                                                                           
550 West 7th Avenue, Suite 800                                                                                                  
Anchorage, Alaska  99501-3560                                                                                                   
POSITION STATEMENT:   Discussed several aspects of  the RIK sale;                                                               
pointed out  that it is not  just a "backstopping method"  but is                                                               
one possible use; emphasized the need for access and for a long-                                                                
term, viable gas industry.                                                                                                      
                                                                                                                                
BONNIE ROBSON, Deputy Director                                                                                                  
Division of Oil and Gas                                                                                                         
Department of Natural Resources                                                                                                 
550 West 7th Avenue, Suite 800                                                                                                  
Anchorage, Alaska  99501-3560                                                                                                   
POSITION  STATEMENT:   Pointed out  that  it will  be easier  for                                                               
those  who own  the  pipeline to  expand it  than  for those  who                                                               
don't; referred to royalty-relief  statutes and encouraged having                                                               
the  producers open  their books  to show  whether they  would be                                                               
harmed by an RIK sale, which isn't shown by the state's figures.                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-6, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIR SCOTT  OGAN called the  House Special Committee on  Oil and                                                               
Gas meeting to  order at 10:12 a.m.   Representatives Ogan, Fate,                                                               
Kohring,  and   Guess  were  present   at  the  call   to  order.                                                               
Representatives Dyson and Chenault arrived  as the meeting was in                                                               
progress.                                                                                                                       
                                                                                                                                
CONTINUATION OF ROYALTY-IN-KIND GAS SALE HEARING                                                                              
                                                                                                                                
Number 0040                                                                                                                     
                                                                                                                                
CHAIR   OGAN  announced   the  only   order   of  business,   the                                                               
continuation of the royalty-in-kind  gas sale hearing.  [Alluding                                                               
to  the State  of Alaska's  Solicitation for  Offers to  Purchase                                                               
North Slope Royalty Gas] he  noted that the bidding process ended                                                               
January  1 and  bids  were  opened February  1.    The four  bids                                                               
received  were  from  Chevron   [ChevronTexaco  Corp.];  a  joint                                                               
venture  between  Anadarko   Petroleum  Corporation  and  Alberta                                                               
Energy  Company  Ltd.; Williams;  and  Alaska  Power &  Telephone                                                               
Company.   He  informed  members  that a  couple  of people  from                                                               
Chevron and Williams were listening on teleconference.                                                                          
                                                                                                                                
Number 0211                                                                                                                     
                                                                                                                                
MICHAEL HURLEY, Senior  Commercialization Specialist, ANS [Alaska                                                               
North Slope]  Gas Commercialization, Phillips Alaska,  Inc., came                                                               
forward to testify as follows:                                                                                                  
                                                                                                                                
     Simply  stated, we  believe  the department's  proposed                                                                    
     royalty-in-kind  [RIK]  sale  of North  Slope  gas,  as                                                                    
     currently  envisioned,   further  burdens   an  already                                                                    
     economically challenged project.                                                                                           
                                                                                                                                
     Let me begin  by saying that we  understand the state's                                                                    
     goal to  ensure third-party  access to a  gas pipeline.                                                                    
     We  understand  that goal  and  the  state's desire  to                                                                    
     increase the value  of their unleased acreage.   As the                                                                    
     state's  most active  explorer,  Phillips  has taken  a                                                                    
     keen interest  in ensuring expandability and  access in                                                                    
     a new gas  pipeline.  We do not,  however, believe that                                                                    
     the  department's RIK  backstop  proposal  is the  most                                                                    
     appropriate way to address those goals.                                                                                    
                                                                                                                                
Number 0297                                                                                                                     
                                                                                                                                
MR.  HURLEY  referred to  an  handout  labeled "Royalty  in  Kind                                                               
Backstop Sale  Example."  He  said it is  an example of  what his                                                               
company understands  to be  the backstop  proposal of  the state,                                                               
with the following  simplified assumptions:  a  system that could                                                               
carry 4  billion cubic feet (bcf)  a day of Prudhoe  Bay gas; the                                                               
state, at  12.5 percent, would  receive 500 million cubic  feet a                                                               
day; and the state would propose  a royalty sale at 70 percent of                                                               
that amount, which is about 350 million cubic feet a day.                                                                       
                                                                                                                                
Number 0453                                                                                                                     
                                                                                                                                
MR.  HURLEY  continued with  his  example.   During  the  initial                                                               
stages of the RIK sale, the  producers' equity gas would be about                                                               
3.5 bcf a  day after the state's royalty share  was removed.  The                                                               
state  wouldn't sell  all  of its  gas,  so the  royalty-in-value                                                               
(RIV)  portion  would  still  "be going  forward"  at  about  150                                                               
million  cubic feet  a  day;  others would  be  shipping the  350                                                               
million cubic  feet a day  of RIK  gas.  The  producers therefore                                                               
would  end up  shipping about  3.65  bcf a  day.   In total,  the                                                               
system would end  up with Prudhoe Bay  gas at 4 bcf a  day and no                                                               
other gas being put into the line.  Mr. Hurley told members:                                                                    
                                                                                                                                
     In looking at  this, we're not opposed to  the RIK sale                                                                    
     itself.  The state has the  ability to take its gas and                                                                    
     its royalty  in kind, and  that's not a problem.   What                                                                    
     gives us  concern is the  way the structure  works with                                                                    
     them flipping back to RIV after they've sold RIK.                                                                          
                                                                                                                                
Number 0613                                                                                                                     
                                                                                                                                
MR. HURLEY explained that after  the sale terminates and it flips                                                               
to  RIV, the  non-Prudhoe Bay  gas  would be  350 million  [cubic                                                               
feet] a day.  The Prudhoe Bay  gas would go from 4 billion [cubic                                                               
feet] a  day down to 3.65  [billion cubic feet], but  there still                                                               
would be  a 4-bcf-a-day line.   When the producers' gas  was cut,                                                               
however,  the state's  royalty on  the Prudhoe  Bay gas  would go                                                               
from the 500 [million cubic feet  a day] it started with [at 12.5                                                               
percent royalty] down to around 456 million cubic feet a day.                                                                   
                                                                                                                                
MR. HURLEY noted  that in this kind of scenario,  the producers -                                                               
who are "underpinning  this line" - are basically  going from 3.5                                                               
bcf a day down  to 3.2 bcf a day of equity  gas they're trying to                                                               
sell.  He commented:                                                                                                            
                                                                                                                                
     If you think about that 300  million a day of gas times                                                                    
     365 times 20 years, and a  buck an "M" at the wellhead,                                                                    
     ... that's  a couple of  billion dollars' impact.   And                                                                    
     that is, in our view, a burden to this project. ...                                                                        
                                                                                                                                
     Now,  the  other  option  people  are  telling  you  to                                                                    
     consider  -  and others  would  suggest  - is  that  we                                                                    
     overbuild  the  pipeline  upfront,  so  that  we  could                                                                    
     always keep  the 3.5.  But  let me suggest to  you that                                                                    
     that  in  itself is  a  burden.  ...  I can  spend  $20                                                                    
     billion  and have  3.5 billion  [cubic feet  a day]  of                                                                    
     equity gas, or  I can spend $21 or $22  or whatever the                                                                    
     number is  to build  a bigger line  and still  have 3.5                                                                    
     billion  of equity  gas.   But in  either case,  it's a                                                                    
     burden to the  project - I've had to  spend billions of                                                                    
     dollars more.                                                                                                              
                                                                                                                                
Number 0846                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON  requested  confirmation that  to  increase                                                               
capacity  for  gas  pipelines,  the  strategy  is  to  raise  the                                                               
pressure.                                                                                                                       
                                                                                                                                
MR. HURLEY clarified that the end  result would be an increase in                                                               
compressor  stations.    The total  allowable  pressure  wouldn't                                                               
actually increase.                                                                                                              
                                                                                                                                
REPRESENTATIVE DYSON  suggested that  the need  isn't to  build a                                                               
bigger  pipeline, then,  but  to  build it  with  the ability  to                                                               
increase  the  throughput incrementally,  as  needed.   He  asked                                                               
whether  there is  a mechanism  by  which the  producers and  the                                                               
state can "force  the folks who are  adding incremental increases                                                               
to  the  throughput"  to  share in  the  proportionate  costs  of                                                               
increasing the throughput.                                                                                                      
                                                                                                                                
MR. HURLEY  said it is reasonable.   He indicated the  problem is                                                               
not building it  bigger, but that nobody's stepped up  to pay for                                                               
that.                                                                                                                           
                                                                                                                                
REPRESENTATIVE DYSON  requested confirmation that it  wouldn't be                                                               
bigger, but thicker.                                                                                                            
                                                                                                                                
MR.  HURLEY  answered in  the  affirmative,  indicating it  would                                                               
involve  putting   more  compressor  stations  along   the  line,                                                               
including [changes in]  siting and design - whatever  it takes to                                                               
get more throughput.  He added  that the system would be built to                                                               
be expandable.                                                                                                                  
                                                                                                                                
Number 1005                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON  asked whether  the producers,  because they                                                               
would finance  the first increments  and would have to  build the                                                               
original  design  to  accommodate future  expansion,  would  want                                                               
"guys with a big checkbook to help in that."                                                                                    
                                                                                                                                
MR.  HURLEY replied,  "I  think that's  reasonable  if they  want                                                               
expanded capacity."                                                                                                             
                                                                                                                                
REPRESENTATIVE DYSON mentioned the  state's responsibility to get                                                               
its   own  royalty   share   to  market   and   maybe  a   larger                                                               
responsibility  to make  sure other  gas fields  in the  area get                                                               
developed and  commercialized.  He  asked whether Mr.  Hurley was                                                               
saying the state needs to  determine how to ensure that everybody                                                               
pays a fair  share, or to help the producers  determine it or put                                                               
the tools in place.                                                                                                             
                                                                                                                                
MR. HURLEY said that is correct.                                                                                                
                                                                                                                                
Number 1102                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON inquired about the  open season.  He alluded                                                               
to previous  testimony, mentioning that  after the open  season a                                                               
company is  in a less  advantageous bargaining position to  get a                                                               
reserved place in the pipe for its gas.                                                                                         
                                                                                                                                
MR.  HURLEY answered  that one  can propose  an expansion  at any                                                               
point.       With   expansion   comes    additional   open-season                                                               
opportunities  because it  is governed  by  the same  open-access                                                               
requirements   for   the  original   open   season   as  far   as                                                               
nondiscriminatory access.                                                                                                       
                                                                                                                                
REPRESENTATIVE  DYSON  replied  that  he has  heard  a  different                                                               
perspective,  however.    He  then  mentioned  two  alternatives:                                                               
ensuring that this transportation route  for gas is like a common                                                               
carrier or doing it in a  way that isn't detrimental to those who                                                               
took the  risk to  build and  finance it in  the first  place; he                                                               
suggested "either end of the problem" could be worked.                                                                          
                                                                                                                                
Number 1294                                                                                                                     
                                                                                                                                
MR.  HURLEY returned  to his  presentation, emphasizing  that the                                                               
RIK  backstop  proposal  "will   decrease  revenues  to  us"  and                                                               
increase the  level of  uncertainty for the  project.   He added,                                                               
"We  have a  hard time  envisioning how  to move  forward on  the                                                               
project with  this kind of  situation unchallenged, where  we can                                                               
end up  getting arbitrarily cut back  or being forced to  pay for                                                               
additional  capacity  upfront."   He  closed  with the  following                                                               
remarks:                                                                                                                        
                                                                                                                                
     We  share the  state's  desire  for equitable  pipeline                                                                    
     access.   We're committed  to fair  and open  access to                                                                    
     any gas  pipeline in  which we  participate, consistent                                                                    
     with the  regulatory requirements and direction  of the                                                                    
     Federal  Energy  Regulatory  Commission [FERC].    They                                                                    
     have  a regulatory  structure in  place which  requires                                                                    
     open,  nondiscriminatory access  for  both initial  and                                                                    
     expansion  volumes.   And we  believe their  regulatory                                                                    
     oversight will ensure, as it  does throughout the U.S.,                                                                    
     that  all potential  shippers  are  treated fairly  and                                                                    
     that economic burdens are distributed equitably.                                                                           
                                                                                                                                
     We  encourage  you  to  look   carefully  ...,  as  you                                                                    
     consider this  proposal, at the  impacts it has  on the                                                                    
     economics of  the other potential shippers  whose long-                                                                    
     term shipping  commitments will underpin  the financing                                                                    
     of this project.                                                                                                           
                                                                                                                                
Number 1407                                                                                                                     
                                                                                                                                
CHAIR OGAN pointed  out that some don't share  the viewpoint that                                                               
FERC will regulate this as fairly  as Mr. Hurley said, because of                                                               
the belief that  FERC's power is a little  more limited regarding                                                               
the   regulation  of   open  seasons   than  how   the  producers                                                               
characterize  it; Chair  Ogan said  he  would like  to have  that                                                               
verified [by an expert on FERC].                                                                                                
                                                                                                                                
CHAIR  OGAN  referred to  testimony  that  this  would be  not  a                                                               
common-carrier pipeline  but a contract  pipeline.   He suggested                                                               
it would  be in the  state's best interest to  encourage smaller,                                                               
independent  companies to  come to  Alaska  to do  business.   He                                                               
asked Mr. Hurley what he thinks.                                                                                                
                                                                                                                                
MR.  HURLEY  answered  that  FERC   regulates  the  gas  pipeline                                                               
business throughout the U.S.   There is a longstanding regulatory                                                               
structure in  place; it  regulates access  both for  initial open                                                               
seasons and  expansions.  He  noted that the initial  open season                                                               
happens  before  [a company]  even  files  an application  for  a                                                               
certificate; it  is subject  to FERC review  and to  challenge by                                                               
any people who feel they have been treated unfairly.                                                                            
                                                                                                                                
CHAIR  OGAN requested  confirmation  that someone  who finds  gas                                                               
later couldn't make  the producers or anyone else add  gas into a                                                               
contract pipeline.                                                                                                              
                                                                                                                                
MR. HURLEY affirmed that there is  no provision for FERC to force                                                               
an expansion.  He suggested,  however, that it isn't desirable to                                                               
have a regulatory  body, which is subject  to political pressure,                                                               
forcing people to do things in the economy.                                                                                     
                                                                                                                                
Number 1560                                                                                                                     
                                                                                                                                
CHAIR OGAN  proposed that how much  gas can be produced  is based                                                               
upon how  economic it is to  draw down from the  existing fields,                                                               
including  the  effect  on  oil production.    Referring  to  the                                                               
Fairbanks meeting in  2001 of the Joint Committee  on Natural Gas                                                               
Pipelines,  he   said  the  Alaska   Oil  and   Gas  Conservation                                                               
Commission (AOGCC) testified it was  looking at that and revising                                                               
the models because previous assumptions  were based on 2.5 bcf [a                                                               
day];  it was  uncertain what  an approximately  4.5 [bcf  a day]                                                               
drawdown would do to [oil] production.                                                                                          
                                                                                                                                
CHAIR  OGAN asked  how much  that factors  into [the  producers']                                                               
decision  regarding how  much gas  to produce  from the  existing                                                               
fields.   He added that it  isn't an issue at  Point Thomson, for                                                               
example;  gas in  the  foothills and  gas  that independents  are                                                               
producing,  however, might  ultimately affect  the amount  of oil                                                               
produced.   He asked  how much  that drives  [Phillips'] decision                                                               
regarding how much gas will go through the line.                                                                                
                                                                                                                                
MR. HURLEY  responded that it is  a hard question to  answer, but                                                               
many things  come into  play regarding  the initial  design rate.                                                               
Those include oil losses, market  estimates, and technology.  For                                                               
example, it would be a  technological challenge to build a system                                                               
big  enough  for all  the  gas  that  Prudhoe Bay  could  produce                                                               
instantaneously, "8 bcf  a day or whatever it  is we're currently                                                               
recycling."                                                                                                                     
                                                                                                                                
Number 1705                                                                                                                     
                                                                                                                                
CHAIR OGAN asked Mr. Hurley  whether he has studies regarding the                                                               
relationship between  drawdown of gas  and [oil] production.   He                                                               
indicated  he'd like  to see  such a  study from  the AOGCC.   He                                                               
offered his  understanding that the producer  group hasn't agreed                                                               
to  fund a  study with  the  AOGCC and  mentioned possible  funds                                                               
there to do that.                                                                                                               
                                                                                                                                
MR. HURLEY replied  that he was "at a loss"  about the funding of                                                               
the AOGCC to do that.  He added:                                                                                                
                                                                                                                                
     I know  they have  been looking at  some models,  as we                                                                    
     have internally.  All the  companies have got reservoir                                                                    
     models  of   Prudhoe  and  are  looking   at  what  the                                                                    
     potential  is  for  oil   losses  based  on  mitigation                                                                    
     measures, based on when gas  sales start and the volume                                                                    
     that gas sales  begin at.  All of those  things have an                                                                    
     impact  on oil  losses, and  it's a  relatively complex                                                                    
     model to try and do that.                                                                                                  
                                                                                                                                
Number 1783                                                                                                                     
                                                                                                                                
CHAIR OGAN expressed  his understanding that there  was a meeting                                                               
set up between  the producers and AOGCC.  He  asked, "How much of                                                               
that  information  are you  willing  to  share  with them?"    He                                                               
suggested  that [Phillips']  showing  the AOGCC  its model  might                                                               
help  the AOGCC  with an  independent analysis.   He  pointed out                                                               
that  legislators aren't  petroleum  engineers and  must rely  on                                                               
others  for information.   He  offered his  belief that  it is  a                                                               
"driving factor" in this whole issue.                                                                                           
                                                                                                                                
MR. HURLEY  agreed it is an  important factor, but said  he isn't                                                               
aware  of the  status of  those  discussions with  the AOGCC  and                                                               
couldn't  comment  on  how  they  were going.    He  added,  "Our                                                               
reservoir folks have been talking to the AOGCC off and on."                                                                     
                                                                                                                                
CHAIR  OGAN  requested  that  Mr. Hurley  pass  on  to  Phillips'                                                               
managers that Chair Ogan would  appreciate as much cooperation as                                                               
possible.                                                                                                                       
                                                                                                                                
MR. HURLEY agreed to that.                                                                                                      
                                                                                                                                
CHAIR  OGAN  asked whether  there  were  further questions,  then                                                               
thanked Mr. Hurley for his testimony.                                                                                           
                                                                                                                                
Number 1870                                                                                                                     
                                                                                                                                
KEN KONRAD, Senior Vice President,  BP Exploration (Alaska) Inc.,                                                               
testified  via  teleconference,  noting  that   he  is  the  vice                                                               
president in  charge of BP's  gas interests  in Alaska.   He told                                                               
members BP  supports the  following:  the  state's right  to take                                                               
gas in  kind; "exploring  for new  sources of  gas that  could be                                                               
produced  into a  gas pipeline";  and expansion  of gas  pipeline                                                               
capacity on open, fair, and reasonable terms.  He stated:                                                                       
                                                                                                                                
     BP,  ... Phillips,  and  Exxon are  in  the process  of                                                                    
     completing  ...  a  major feasibility  and  engineering                                                                    
     study  on  a  possible  gas  pipeline.    An  essential                                                                    
     premise in  that study is  designing a  pipeline system                                                                    
     that  can   be  easily  expanded,  and   we  have  been                                                                    
     successful  in  achieving  a  design  that  has  higher                                                                    
     expansion  capability  at  lower cost  than  any  other                                                                    
     proposal  that  we've seen.    We  firmly believe  that                                                                    
     efficient pipeline expansion  can benefit both existing                                                                    
     producers and  explorers as  well as  ... the  State of                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
     We  understand the  state's  desire  to see  additional                                                                    
     development  of  additional  gas  beyond  the  existing                                                                    
     known resource.  Indeed, the  feasibility study we have                                                                    
     undertaken this  year assumes that additional  gas will                                                                    
     be found  beyond the  35 trillion  cubic feet  [tcf] of                                                                    
     currently known gas.   We currently assume  at least 50                                                                    
     trillion cubic feet of total  gas will be needed during                                                                    
     the project life.                                                                                                          
                                                                                                                                
     Separately, BP  is working  on a  major study  with the                                                                    
     Department  of  Energy  and the  University  of  Alaska                                                                    
     Fairbanks  to  study  a possible  way  to  produce  the                                                                    
     enormous  gas hydrate  resource known  to exist  in and                                                                    
     around  existing North  Slope  fields.   This  resource                                                                    
     alone has  been estimated  at nearly 50  trillion cubic                                                                    
     feet.   This  is  really a  long-term possibility  with                                                                    
     many technical  challenges, but it's indicative  of our                                                                    
     active support for new sources of gas supply.                                                                              
                                                                                                                                
     We certainly support  the state's right to  take gas in                                                                    
     kind.   This is clearly  a choice ... the  state should                                                                    
     make on  its own.  Our  sole request is that  the state                                                                    
     do so in  a predictable manner that  is consistent with                                                                    
     how a "contract-carry" gas pipeline would operate.                                                                         
                                                                                                                                
     So  we fully  support the  state's ability  to take  in                                                                    
     kind, we  fully support pipeline expansion  on fair and                                                                    
     reasonable  terms, and  we  fully  support finding  new                                                                    
     sources of gas supply.   And it's in our best interests                                                                    
     ... for all those things to occur.                                                                                         
                                                                                                                                
Number 2030                                                                                                                     
                                                                                                                                
MR. KONRAD continued:                                                                                                           
                                                                                                                                
     We do,  however, have concerns over  the proposed state                                                                    
     sale  of "take-in-kind"  gas  as currently  structured,                                                                    
     and  also  with  respect  to   timing.    We've  openly                                                                    
     discussed our concerns with  DNR [Department of Natural                                                                    
     Resources] over the past several months.                                                                                   
                                                                                                                                
     The state  has frequently indicated that  this proposed                                                                    
     RIK sale  is being  driven by  the perception  that the                                                                    
     Alaska  Gas Producers  Pipeline Team  may hold  an open                                                                    
     season for pipeline capacity in  early 2002.  We do not                                                                    
     foresee  any  possibility  of holding  an  open  season                                                                    
     anytime during 2002.                                                                                                       
                                                                                                                                
     As we've  talked about previously,  for a  gas pipeline                                                                    
     to  attract  investment  there first  needs  to  be  an                                                                    
     economic  project.    And further,  to  reduce  project                                                                    
     risk, there also  needs to be a  predictable and viable                                                                    
     government   framework  in   place   to  support   that                                                                    
     investment.   Both  federal regulatory  legislation and                                                                    
     clarity  around fiscal  terms are  important pieces  of                                                                    
     this  government framework,  and  to  date, neither  of                                                                    
     those vital ingredients is currently in place.                                                                             
                                                                                                                                
     According to the DNR, the  state's proposed RIK sale is                                                                    
     being  pursued primarily  to provide  a capacity-access                                                                    
     option  to  explorers   without  currently  proven  gas                                                                    
     resources, the idea being that  the explorers could use                                                                    
     the  state's RIK  gas to  backstop their  own bids  for                                                                    
     [firm] transport  capacity on  the new-build  line, and                                                                    
     then release  that RIK  gas back  to the  state, should                                                                    
     they find their own reserves.                                                                                              
                                                                                                                                
     The  ability of  RIK purchasers  to return  gas to  the                                                                    
     state  on a  relatively  short notice  period places  a                                                                    
     significant  additional burden  on our  overall project                                                                    
     economics by  increasing the uncertainty on  the amount                                                                    
     of  equity gas  the major  producers would  be able  to                                                                    
     ship.    That  translated means  uncertain  cash  flow.                                                                    
     This burden on  an already marginal project  is a clear                                                                    
     step in the wrong direction.                                                                                               
                                                                                                                                
Number 2147                                                                                                                     
                                                                                                                                
MR.  KONRAD  offered an  example  similar  to  Mr. Hurley's:    a                                                               
pipeline  designed to  transport  4  bcf a  day,  with the  state                                                               
taking one-eighth  in kind -  500 million cubic  feet a day.   An                                                               
RIK  purchaser could  use its  purchased  gas as  a backstop  for                                                               
making a long-term  firm transportation (FT) commitment  on a gas                                                               
line; the balance of the commitments  to get the line built would                                                               
need  to  be made  by  the  known resource  owners.    If an  RIK                                                               
purchaser discovered its own resources,  however, it could cancel                                                               
its purchase contract  with the state and substitute  its own gas                                                               
into its firm  transportation commitment.  The  state's gas would                                                               
then revert  back to  the known  resource owners  in the  form of                                                               
RIV, thus  reducing throughput by  500 million cubic feet  a day,                                                               
"reducing our  own gas  production that  the resource  owners had                                                               
already made financial commitments for."                                                                                        
                                                                                                                                
MR.  KONRAD advised  the committee  that this  reduction in  cash                                                               
flow  against   the  binding  financial  commitment   is  clearly                                                               
negative  from an  investment point  of  view.   The state's  RIK                                                               
proposal seeks  to transfer benefits from  long-term investors to                                                               
new participants without  transferring the risk, he  said.  Those                                                               
subsidies  are  at  the  expense of  those  who  ultimately  will                                                               
underwrite  any  new-build  pipeline.   That  is  unfair.    More                                                               
important,  from  the state's  perspective,  it  will reduce  the                                                               
chances  of  developing  an  economically  viable  project.    He                                                               
pointed out that obviously there is  no access to a pipeline that                                                               
never gets built.                                                                                                               
                                                                                                                                
Number 2237                                                                                                                     
                                                                                                                                
MR. KONRAD summarized his earlier points:                                                                                       
                                                                                                                                
     BP firmly supports the state's  right to take gas kind.                                                                    
     We support  pipeline expansion  on fair  and reasonable                                                                    
     terms.   And  we support  vibrant exploration  for gas.                                                                    
     We believe  FERC will  ensure fair  and open  access to                                                                    
     any gas pipeline.   And in any event, it's  in our best                                                                    
     interests.                                                                                                                 
                                                                                                                                
     However,  we  cannot  at  this  time  support  the  ...                                                                    
     state's   proposed   RIK   sale   as   it's   currently                                                                    
     structured.    We're  deeply concerned,  if  the  state                                                                    
     tries to  fix this perceived problem  with economically                                                                    
     burdened  solutions, that  that cannot  possibly be  in                                                                    
     the best interests of the state.                                                                                           
                                                                                                                                
Number 2270                                                                                                                     
                                                                                                                                
CHAIR  OGAN  referred  to   earlier  discussion  regarding  [gas]                                                               
drawdown  and  its effect  on  pipeline  throughput and  the  oil                                                               
companies.   He then  referred to an  e-mail from  Cammy [Oechsli                                                               
Taylor] of the AOGCC; he  noted that it offered the understanding                                                               
that the funding for the reservoir  study was coming from the gas                                                               
line appropriation  to DNR, but  that the companies have  not yet                                                               
covered those costs.   He asked whether that is  accurate, to Mr.                                                               
Konrad's knowledge, and whether "you  guys are willing to step up                                                               
to the  plate with that."   He requested clarification  about the                                                               
funding.                                                                                                                        
                                                                                                                                
MR. KONRAD said he wasn't aware  of a funding issue.  He expanded                                                               
on his answer:                                                                                                                  
                                                                                                                                
     The Prudhoe  owners have  met on  a few  occasions with                                                                    
     the AOGCC, and I know  their work is continuing kind of                                                                    
     on a parallel  path with our work. ... We're  set to be                                                                    
     finished up  with our  study the  end of  February, and                                                                    
     I'm  not sure  exactly  what the  exact  status of  the                                                                    
     subsurface work  is, but  I do know  that there  was an                                                                    
     intent ... to  share results of ... that  work with the                                                                    
     AOGCC and have  a discussion.  But I  don't really know                                                                    
     exactly where it  sits.  We certainly  factor that into                                                                    
     the equation as we look at it.                                                                                             
                                                                                                                                
     I  would just  point out  that certainly  the producers                                                                    
     are quite aligned  with the state in the  regard of oil                                                                    
     losses.   It  is, clearly,  a potential  burden to  the                                                                    
     project if you  produce less oil, and  that's why we're                                                                    
     looking at mitigation measures  and investments to help                                                                    
     reduce  that.    But  nevertheless   it  is  there  and                                                                    
     present.   But, clearly, we're aligned  with the notion                                                                    
     of  maximizing  the total  value  of  the resource,  so                                                                    
     that's inherent  in our analysis.   But I  haven't seen                                                                    
     any final  work out of  the Prudhoe group, but  I would                                                                    
     imagine ...  they'll be finishing  their phase  of work                                                                    
     here in the not-too-distant future.                                                                                        
                                                                                                                                
Number 2410                                                                                                                     
                                                                                                                                
CHAIR OGAN  agreed it  is one  area where  the producers  and the                                                               
state are aligned; all will lose  revenues if there isn't as much                                                               
oil.   He asked that  Mr. Konrad pass  along to BP's  manager the                                                               
same request asked of Phillips,  that Chair Ogan would appreciate                                                               
as  much cooperation  as  possible.   He  acknowledged that  much                                                               
information  is   proprietary,  but  emphasized  that   the  more                                                               
information  the   AOGCC  can  have,  the   more  independent  an                                                               
evaluation the  legislature can have,  and the easier it  will be                                                               
to make a decision.                                                                                                             
                                                                                                                                
MR.  KONRAD responded  that  he hadn't  heard  from [Ms.  Oechsli                                                               
Taylor] in  a while, but  said he would  contact her to  check on                                                               
that.  He would also check with "our Prudhoe folks."                                                                            
                                                                                                                                
CHAIR  OGAN asked  whether there  were any  questions; none  were                                                               
offered.    He   requested  that  Mr.  Konrad   fax  his  written                                                               
testimony, if available.                                                                                                        
                                                                                                                                
Number 2492                                                                                                                     
                                                                                                                                
RICHARD  GLENN, Vice  President of  Lands, Arctic  Slope Regional                                                               
Corporation (ASRC),  testified via  teleconference.   Noting that                                                               
he had  e-mailed several pages  of written testimony,  he offered                                                               
to summarize.   He informed  members that ASRC,  which represents                                                               
more than 8,000 Inupiat Eskimos  in northern Alaska, owns surface                                                               
and subsurface title to more than  4 million acres of North Slope                                                               
lands; by  virtue of that  ownership, he said, "we  represent the                                                               
largest private  landowner on  the North Slope."   He  noted that                                                               
ASRC  has millions  of acres  of "high-value  resource potential"                                                               
lands in the  central Arctic foothills.  Therefore,  he said, "We                                                               
believe  that our  interests are  closely allied  with the  state                                                               
with respect to natural gas from the central Arctic."                                                                           
                                                                                                                                
MR. GLENN  spoke in  support of  the state's  royalty-in-kind gas                                                               
sale efforts.   He  explained that without  such a  program, ASRC                                                               
believes there is a potential  for a "foreclosure of the resource                                                               
potential" of the central Arctic  lands.  He said ASRC recognizes                                                               
that the  gas resources  at Prudhoe Bay,  Point Thomson,  and the                                                               
surrounding  fields are  what  began this  discussion.   He  told                                                               
members:                                                                                                                        
                                                                                                                                
     For us,  it's kind of  a mixed  blessing.  It's  a huge                                                                    
     resource potential.  It needs  to be recognized, and we                                                                    
     do recognize  that. ...  We are  partners with  the oil                                                                    
     industry.   We have  a future with  them, and  we don't                                                                    
     want to spoil that.  We  recognize that, and we want to                                                                    
     continue [a]  productive working relationship.   Yet we                                                                    
     recognize that we  have to speak up  for our interests.                                                                    
     And  we do  not wish  to shut  off the  exploration and                                                                    
     development  of  additional  North  Slope  natural  gas                                                                    
     reserves.                                                                                                                  
                                                                                                                                
     In addition to achieving the  larger goal of getting to                                                                    
     the  nation  and helping  the  state  with its  revenue                                                                    
     derived from  resource wealth, we ...  speak to protect                                                                    
     the  economic   interests  of  our  people,   and  that                                                                    
     economic interest centers around access.                                                                                   
                                                                                                                                
Number 2654                                                                                                                     
                                                                                                                                
MR. GLENN continued:                                                                                                            
                                                                                                                                
     We want  access to capacity.   In addition to  that, we                                                                    
     require  access  to  opportunity and  to  the  planning                                                                    
     process of a North Slope natural gas line.                                                                                 
                                                                                                                                
     We strongly  encourage the  Alaska legislature  to make                                                                    
     every reasonable effort to ensure  access to future gas                                                                    
     owners on a North Slope  natural gas pipeline.  We know                                                                    
     that one way to do  this is through the royalty-in-kind                                                                    
     gas  sale.   This  can  act as  a  backstop for  future                                                                    
     access  into the  gas pipeline.   ASRC  feels that  the                                                                    
     royalty-in-kind  sale  is  a necessary  placeholder  to                                                                    
     maintain pipeline capacity for nongas owners.                                                                              
                                                                                                                                
     This  access  to  natural   gas  pipeline  capacity  is                                                                    
     critical.    If  we  cannot be  assured  of  reasonable                                                                    
     access  to  space  on a  pipeline,  then  our  industry                                                                    
     partners in the central Arctic  will not explore for or                                                                    
     develop natural  gas outside of the  Prudhoe Bay, Point                                                                    
     Thomson, and  related fields.   And  in doing  so, this                                                                    
     would, in  effect, condemn more  than 11  million acres                                                                    
     of highly prospective Native-  and state-owned lands to                                                                    
     future exploration potential for many years to come.                                                                       
                                                                                                                                
     But  in addition  ... to  pipeline  capacity, we  think                                                                    
     that there  are other things  that the state  should be                                                                    
     cautious  about.    We  know,  for  example,  that  the                                                                    
     Prudhoe  Bay gas  is enriched,  for example,  in carbon                                                                    
     dioxide, CO2.   And we fear that  if secondary services                                                                    
     of gas  processing are bundled together,  ... any other                                                                    
     gas  found  outside  the Prudhoe  Bay  area  that,  for                                                                    
     example, is not enriched in  CO2 might be burdened with                                                                    
     this gas-treatment cost.                                                                                                   
                                                                                                                                
Number 2734                                                                                                                     
                                                                                                                                
MR. GLENN  urged the legislature to  consider researching whether                                                               
unbundling  secondary services  such  as  gas conditioning  would                                                               
allow a fair  tariff structure to be set.   He explained that all                                                               
gas that leaves  the North Slope will require  processing in some                                                               
fashion; every  field has a  different chemistry and  a different                                                               
pressure,  so the  processing for  each field  is different.   He                                                               
explained:                                                                                                                      
                                                                                                                                
     We just do not want  fields that do not need additional                                                                    
     processing  to be  burdened  with that  cost.   As  you                                                                    
     know,   with  centralized   facilities  and   a  single                                                                    
     pipeline leaving  the North Slope  there's going  to be                                                                    
     sharing   of  these   facilities,  and   we  urge   the                                                                    
     legislature to  assure that there's  a fair  sharing of                                                                    
     these facilities. ... The current  producers need to be                                                                    
     recognized and  compensated for  their investment.   On                                                                    
     the  other hand,  we don't  ... want  to see  excessive                                                                    
     charging ... resulting in an unfair tariff structure.                                                                      
                                                                                                                                
Number 2792                                                                                                                     
                                                                                                                                
MR.  GLENN   outlined  ASRC's  concerns  regarding   the  current                                                               
producers.  First,  the current producers may  attempt to include                                                               
excessive  capacity "holdbacks"  -  setting  aside more  pipeline                                                               
capacity  than   necessary  for  their  own   internal  purposes.                                                               
Second,  they   have  the  opportunity  to   make  transportation                                                               
capacity  on  the  pipeline   either  completely  unavailable  or                                                               
unreasonably  expensive to  shippers  who aren't  able to  secure                                                               
firm capacity  under the initial  open-season process.   Finally,                                                               
they  can force  new  shippers  to sell  their  "stranded gas  at                                                               
distressed   prices   to   those    who   are   controlling   the                                                               
transportation."   A  further possibility  is that  the producers                                                               
may forestall  or delay expansions that  would provide additional                                                               
capacity.  He told listeners:                                                                                                   
                                                                                                                                
     These are things  we are worried about.   It's not just                                                                    
     a matter of how much gas  can fit in the pipe, but it's                                                                    
     how all  of this capacity  and gas processing  is going                                                                    
     to be  monitored and regulated.   We don't want  to see                                                                    
     it regulated out of business.   We don't want to see an                                                                    
     overburdened pipeline  project.  On the  other hand, we                                                                    
     need the access.                                                                                                           
                                                                                                                                
Number 2884                                                                                                                     
                                                                                                                                
MR.  GLENN  noted that  his  written  testimony, which  discusses                                                               
access  to  opportunity   regarding  pipeline  construction,  was                                                               
provided to  the governor's [Alaska]  Highway Natural  Gas Policy                                                               
Council.   Pointing  out that  it  also discusses  access to  the                                                               
process, he emphasized  that ASRC, as "a neighbor  and a resource                                                               
owner,"  wishes  to be  at  the  table  when decisions  are  made                                                               
regarding  the gas  pipeline, including  ownership, construction,                                                               
and operation.                                                                                                                  
                                                                                                                                
MR. GLENN  spoke in support of  having an overland route  for the                                                               
gas  pipeline,  saying  it  would   benefit  all  Alaskans.    He                                                               
encouraged the committee to review  "all the issues, and not just                                                               
the  interests of  a few  gas owners,"  to better  understand the                                                               
impacts  of North  Slope  Alaskan natural  gas  development.   He                                                               
concluded by  saying, "We  believe that the  State of  Alaska and                                                               
the North Slope  Inupiat people have much in  common with respect                                                               
to  natural  gas,  and  we  can  work  together  to  protect  the                                                               
interests of all Alaskans."                                                                                                     
                                                                                                                                
Number 2903                                                                                                                     
                                                                                                                                
CHAIR OGAN expressed appreciation for  Mr. Glenn's testimony.  He                                                               
added, "I  don't think it's  a secret  around here that  we share                                                               
your concerns  about a northern route  and are working to  try to                                                               
get that line  to go south, for  a number of reasons."   He asked                                                               
if there were  questions; none were offered.   Assuring Mr. Glenn                                                               
that the  committee was giving  it full attention, he  noted that                                                               
the legislature must decide whether to approve the RIK gas sale.                                                                
                                                                                                                                
TAPE 02-6, SIDE B                                                                                                               
Number 2924                                                                                                                     
                                                                                                                                
DON MAHON, Vice President, Alaska Power Operations, Alaska Power                                                                
Company & Telephone Company, testified via teleconference as                                                                    
follows:                                                                                                                        
                                                                                                                                
     Alaska Power  [& Telephone] Company has  been providing                                                                    
     regulated electric  services to several  rural villages                                                                    
     along  the  route of  the  proposed  natural gas  line.                                                                    
     Alaska Power  [& Telephone] Company  has been  issued a                                                                    
     Certificate of Public Convenience  and Necessity by the                                                                    
     Regulatory Commission of Alaska [RCA]. ...                                                                                 
                                                                                                                                
     Under the terms of our  certificate we are obligated to                                                                    
     provide  safe, affordable  electric  energy, free  from                                                                    
     unreasonable interruption.   Pursuant to this,  we have                                                                    
     investigated  the   potential  savings  to   our  rural                                                                    
     customers  by  converting  our  existing  diesel  power                                                                    
     plants to use natural gas as fuel.                                                                                         
                                                                                                                                
     Natural gas  provides many advantages  over alternative                                                                    
     fuel sources.   It is  easy to use,  clean-burning, and                                                                    
     cost-effective.  Natural gas  is increasingly a fuel of                                                                    
     choice in  areas where it  is available.   According to                                                                    
     the  2000  Supplemental  Census,  natural  gas  is  the                                                                    
     number-one choice for home heating,  with 70 percent of                                                                    
     new homes completed in 2000  equipped with natural gas.                                                                    
     According to the  Department of Energy's Representative                                                                    
     Energy Costs  for 2001, natural  gas is a  highly cost-                                                                    
     effective energy source as compared to alternatives.                                                                       
                                                                                                                                
     All review  thus far shows  that fuel-cost  savings are                                                                    
     sufficient  to  cover  the   investment  and  create  a                                                                    
     significant economic  benefit to  the residents  of the                                                                    
     area.   Another economic  benefit would be  realized by                                                                    
     the   State  of   Alaska  in   that   the  power   cost                                                                    
     equalization  received   by  the  community   would  be                                                                    
     reduced.                                                                                                                   
                                                                                                                                
     Further, we  determined that purchasing of  royalty gas                                                                    
     directly  from   the  State  of  Alaska   enhances  the                                                                    
     economic benefit and increases  the likelihood that the                                                                    
     project  [would  be  able  to  secure]  a  tap  on  the                                                                    
     mainline   and  offers   some   standing  when   having                                                                    
     discussion  with the  pipeline  company and  regulatory                                                                    
     agencies.                                                                                                                  
                                                                                                                                
                                                                                                                                
MR. MAHON noted that after Mr. Hannan discussed the benefits to                                                                 
Tok and the surrounding area, he himself would provide a                                                                        
conclusion.                                                                                                                     
                                                                                                                                
Number 2804                                                                                                                     
                                                                                                                                
ERIC HANNAN, General Manager, Power Operations, Tok Area                                                                        
Division, Alaska Power & Telephone Company, testified via                                                                       
teleconference as follows:                                                                                                      
                                                                                                                                
     Our  intention  is to  demonstrate  a  real demand  for                                                                    
     local   use  in   Alaska  as   well  as   the  business                                                                    
     [proposition] for fulfilling that  demand.  We chose to                                                                    
     look specifically at [the] economics  of placing such a                                                                    
     service  here   in  Tok.     We  currently   serve  our                                                                    
     communities with both power and telecommunications.                                                                        
                                                                                                                                
     The  first  business  enterprise   we  examined  was  a                                                                    
     natural gas local-distribution  company, which will tap                                                                    
     into   the  trans-Alaska   natural  gas   pipeline  and                                                                    
     distribute  the gas  to our  [residential], commercial,                                                                    
     and industrial customers.                                                                                                  
                                                                                                                                
     We  have   also  studied  using  natural   gas  in  the                                                                    
     production of  electricity.  Currently, we  burn diesel                                                                    
     fuel to generate  electricity in Tok.   The presence of                                                                    
     natural gas  in the  area would provide  an opportunity                                                                    
     for [Alaska  Power & Telephone Company]  to switch over                                                                    
     to  the  more  efficient,  environmentally  responsible                                                                    
     natural-gas-driven  generators.   This  will also  pave                                                                    
     the road for new  forms of electrical generation, i.e.,                                                                    
     microturbines, fuel cells,  and whatever new technology                                                                    
     has  in store  for us  in  the future.   [Mr.  Hannan's                                                                    
     testimony cut  out briefly,  but his  written testimony                                                                    
     said the  result would  be that  cost savings  would be                                                                    
     passed back to the consumers  and the state in the form                                                                    
     of lower electric rates].                                                                                                  
                                                                                                                                
     The cost of  gas is a critical variable  to the success                                                                    
     of both  proposals.  If  we assume a wellhead  price of                                                                    
     gas of $1.00 per Mcf  plus transportation costs of $.80                                                                    
     to $.90, the FOB cost would  be $1.90 Mcf less the cost                                                                    
     of tap  and removal  of liquids.   If we  assume all-in                                                                    
     costs of $2.56  Mcf, the cost per mmBtu is  $2.56.  The                                                                    
     cost of  diesel fuel [at  $1.00 a] gallon is  ... $7.25                                                                    
     per  mmBtu -  significant savings  to our  customers of                                                                    
     approximately  $294 per  annum per  customer.  The  key                                                                    
     element,  of which  we must  remain  cognitive, is  the                                                                    
     cost and affordability of the gas.                                                                                        
                                                                                                                                
Number 2712                                                                                                                     
                                                                                                                                
MR. MAHON concluded his company's testimony as follows:                                                                         
                                                                                                                                
     It  is  crucial that  FERC  does  not limit  the  RCA's                                                                    
     ability to  set tariffs and conditions  that will allow                                                                    
     in-state gas  purchases to be affordable  for Alaskans.                                                                    
     Development    of    an    affordable    natural    gas                                                                    
     infrastructure   is    vital   for    future   economic                                                                    
     development.      An   excellent  example   of   future                                                                    
     development  along  the path  of  the  pipeline is  the                                                                    
     mining industry.   We  must make  every effort  to keep                                                                    
     the costs  of all future development  feasible.  Alaska                                                                    
     Power &  Telephone is in  full support of  the royalty-                                                                    
     in-kind gas sale.                                                                                                          
                                                                                                                                
Number 2680                                                                                                                     
                                                                                                                                
CHAIR OGAN referred to discussion during the interim, in the                                                                    
Joint Committee on Natural Gas Pipelines, about the issue of                                                                    
RCA's having a place at the table.  He remarked:                                                                                
                                                                                                                                
     We've looked  at a number of  ways to try to  keep FERC                                                                    
     out  of  it  for  the intrastate  gas  use  and,  quite                                                                    
     honestly, haven't  been able to  come up with a  way to                                                                    
     do  it.    And  I   was  looking  at  maybe  trying  to                                                                    
     statutorily move the wellhead down  to a hub concept or                                                                    
     something to keep in-state regulation  to a point where                                                                    
     people can  hook up  and FERC  regulates it  from there                                                                    
     out.    And all  the  feedback  we've gotten  from  the                                                                    
     "legal  beagles" is  that ...  if one  molecule of  gas                                                                    
     goes to the Lower 48, FERC regulates the whole thing.                                                                      
                                                                                                                                
     I think  maybe the best  approach that we can  hope for                                                                    
     is  that ...  RCA  and  FERC [allow]  kind  of a  joint                                                                    
     committee.  ...  That might  be  something  we want  to                                                                    
     request in  the enabling legislation with  the feds, is                                                                    
     some   kind   of   a  joint   RCA-FERC   committee   or                                                                    
     subcommittee  that regulates  this particular  gas line                                                                    
     so Alaska  has a  place at  the table.   So,  being one                                                                    
     that doesn't  like the feds regulating  things, I think                                                                    
     it might be a good  way to represent our interests. ...                                                                    
     We're  aware of  it and  we're working  the issue,  and                                                                    
     hopefully we can resolve it.                                                                                               
                                                                                                                                
Number 2601                                                                                                                     
                                                                                                                                
CHAIR OGAN requested that Mr.  Mahon and Mr. Hannan forward their                                                               
written testimony to the committee aide.                                                                                        
                                                                                                                                
Number 2582                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON  asked whether  it  is  reasonably easy  to                                                               
convert existing  diesel-fired generators  to operate  on natural                                                               
gas, and whether  Alaska Power & Telephone Company  would be able                                                               
to do so with its machines.                                                                                                     
                                                                                                                                
MR. MAHON  answered, "That is true,  and we'd be able  to do that                                                               
with our  machines.  Also,  we'd have to take  into consideration                                                               
the conversion cost versus purchasing new machines."                                                                            
                                                                                                                                
CHAIR OGAN  wished the  testifiers good  luck with  the bid.   He                                                               
then called upon testifiers from Alberta Energy Company (AEC).                                                                  
                                                                                                                                
Number 2502                                                                                                                     
                                                                                                                                
KENNETH A.  BOYD, Lobbyist  for AEC  Oil &  Gas (USA)  Inc., came                                                               
forward  to   provide  background   information.     He  informed                                                               
listeners that AEC  first came to the state a  few years ago when                                                               
he himself  was director of the  Division of Oil and  Gas.  After                                                               
hearing what AEC proposed to do  - to buy leases in the foothills                                                               
to develop gas, when there was no  gas pipeline, and to work on a                                                               
offshore [oil] prospect called McCovey  with Phillips and Chevron                                                               
- he'd  commented in a  newspaper that  AEC had "jumped  into the                                                               
deep  end  of  the  pool."   Mr.  Boyd  remarked,  "Indeed,  they                                                               
continue to be  in relatively deep water.   You're the lifeguard.                                                               
I'm trying to help."                                                                                                            
                                                                                                                                
MR. BOYD noted that the previous  year Phillips decided not to go                                                               
forward as  operator of the  McCovey oil prospect;  located about                                                               
11 miles  north of Prudhoe  Bay in the  Beaufort Sea, it  has all                                                               
the  problems of  offshore development,  but  also the  potential                                                               
benefits to the future of the  State of Alaska.  He reported that                                                               
AEC is  bringing a new technology  to the table, has  worked well                                                               
with state and  federal agencies, and is  "working very carefully                                                               
and hard" with  Native organizations to give  them some assurance                                                               
that there will be a safe operation.                                                                                            
                                                                                                                                
Number 2433                                                                                                                     
                                                                                                                                
MR. BOYD turned attention to  gas.  He expressed appreciation for                                                               
the state's providing  the RIK program, citing  the importance of                                                               
having access  to the pipeline  with certainty.  Noting  the high                                                               
risk, he told members [AEC]  and its partner Anadarko are working                                                               
in the  foothills, where they've  bought leases and  shot seismic                                                               
[data] for  two years, making  "substantial investments in  a new                                                               
place for  them."  Mr. Boyd  pointed out how different  the rules                                                               
are  from Canada's  and how  many  agencies one  must go  through                                                               
here.  Referring to AEC, he  said, "I think you're looking at the                                                               
future of  Alaska; I think these  are going to be  very important                                                               
players  in our  future."   He  then introduced  Alan Sharp,  who                                                               
would talk about the RIK program.                                                                                               
                                                                                                                                
Number 2370                                                                                                                     
                                                                                                                                
ALAN   SHARP,  Director,   Northern  Business   Development,  AEC                                                               
Marketing (USA) Inc., informed members  that he was testifying in                                                               
support  of the  royalty-in-kind sale  and process.   He  offered                                                               
four  key points  from a  handout titled  "Royalty In  Kind (RIK)                                                               
Sale."  First,  RIK is in the state best's  interest.  Second, it                                                               
must be done now while there  is a window of opportunity.  Third,                                                               
it  won't  impact  the  producers or  the  Alaska  Gas  Producers                                                               
Pipeline Team.  And fourth and more important, he said:                                                                         
                                                                                                                                
       We're coming at it from an explorer's perspective.                                                                       
     What we're trying to offer here is not just a royalty-                                                                     
     in-kind bid.   What we're trying to offer  is the state                                                                    
     to share in  our vision of what we see  for the natural                                                                    
     gas industry in Alaska.   We want to see a competitive,                                                                    
     multiplayer  natural gas  industry  in  Alaska, and  we                                                                    
     [believe] that  the royalty-in-kind  sale is  the first                                                                    
     step towards making that happen.                                                                                           
                                                                                                                                
Number 2313                                                                                                                     
                                                                                                                                
MR.  SHARP brought  attention to  page 2  of the  handout, a  map                                                               
labeled  "AEC Alaska  Project"  that shows  the  North Slope  and                                                               
current natural-gas proven reserves,  with 25 trillion cubic feet                                                               
at Prudhoe Bay  and 5 trillion cubic feet at  Point Thomson.  The                                                               
breakdown shows that the majority  of proven reserves are held by                                                               
three  companies:    BP,  Exxon,  and  Phillips  [BP  Exploration                                                               
(Alaska)  Inc.,  ExxonMobil   Production  Company,  and  Phillips                                                               
Alaska, Inc.].   He pointed  out that those same  three companies                                                               
comprise the Alaska Gas Producers Pipeline Team.                                                                                
                                                                                                                                
MR.  SHARP  advised  the  committee that  AEC  and  Anadarko  are                                                               
exploring in the foothills region just  for natural gas.  The gas                                                               
found  thus  far  in  Alaska  predominantly  has  been  found  by                                                               
exploring for oil.  The potential  in the foothills where AEC and                                                               
Anadarko are  exploring is  26 trillion  cubic feet,  whereas the                                                               
ultimate  potential for  the North  Slope is  100 trillion  cubic                                                               
feet.    He told  listeners,  "We  want  to  make sure  that  the                                                               
pipeline is  designed properly right  from the start so  it takes                                                               
into account the full potential that's here in Alaska."                                                                         
                                                                                                                                
Number 2257                                                                                                                     
                                                                                                                                
MR. SHARP  addressed some of  the reasons  RIK is in  the state's                                                               
best interest [page  3 of the handout].  Noting  that there is no                                                               
risk to the state as the bid is being proposed, he explained:                                                                   
                                                                                                                                
     The  state is  actually leveraging  its gas  volumes of                                                                    
     tomorrow  to  support  exploration projects  of  today.                                                                    
     Those    exploration   projects    represent   in-state                                                                    
     expenditures for  exploration, more jobs,  more revenue                                                                    
     coming  into  the  state,  and  essentially  creates  a                                                                    
     competitive gas industry.                                                                                                  
                                                                                                                                
     The  way that  the royalty-in-kind  sale maximizes  the                                                                    
     state's  values through  this  competitive bid,  you've                                                                    
     got  four bids  in  front of  you,  and everyone's  put                                                                    
     forward their best competitive bid.                                                                                        
                                                                                                                                
     And I  think the other  thing that's important  to note                                                                    
     in our bid  is that we've guaranteed  that the royalty-                                                                    
     in-kind  price  will be  greater  than  the royalty  in                                                                    
     value.     So  there  is   no  risk  from   a  monetary                                                                    
     perspective.    In  fact, the  state's  better  off  to                                                                    
     accept  a royalty-in-kind  bid versus  just the  status                                                                    
     quo, leaving it royalty in value.                                                                                          
                                                                                                                                
Number 2202                                                                                                                     
                                                                                                                                
MR. SHARP discussed  why RIK is needed now [page  4].  The timing                                                               
is critical  with regard to the  window of opportunity.   The RIK                                                               
sale  takes  five  months  to  carry  out,  plus  there  must  be                                                               
legislative approval that [normally]  only occurs between January                                                               
and  May.   If  an open  season falls  outside  that window,  the                                                               
opportunity is  lost.  Mr.  Sharp noted that the  "producer team"                                                               
has just said  "they do not foresee an open  season being held in                                                               
2002."  He pointed out that if  an open season were held early in                                                               
2003 with no notice, the opportunity still would be lost.                                                                       
                                                                                                                                
MR. SHARP advised members that  AEC recommends the following:  an                                                               
open  season June  2003 or  later; at  least six  months' advance                                                               
notice; and, more important, complete  disclosure of the [tariff]                                                               
terms and conditions, especially  regarding access and expansion.                                                               
He suggested that if the  pipeline is designed correctly from the                                                               
start, it can  be designed "with smaller  increments that support                                                               
exploration   and  more   players   and   more  competition   and                                                               
essentially  more  jobs and  dollars"  coming  into Alaska.    He                                                               
proposed increments of  perhaps 200 million to  300 million cubic                                                               
feet a  day, from a  4-bcf-a-day pipeline to, say,  a 5-bcf-a-day                                                               
pipeline.                                                                                                                       
                                                                                                                                
Number 2127                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON  noted that  if  it  is required  that  the                                                               
initial pipeline  construction facilitate  incremental expansion,                                                               
he'd heard  the producer  group say there  is a cost  to it.   He                                                               
asked who should bear that cost.                                                                                                
                                                                                                                                
MR. SHARP  offered his personal  view, from his  understanding of                                                               
how pipelines  are being  built, that if  it's designed  in right                                                               
from the start,  there would be little or no  incremental cost in                                                               
order to have that expansion in  increments of 200 million to 300                                                               
million [cubic  feet] a day.   As mentioned earlier, it's  just a                                                               
matter of "putting  in a compressor and the proper  spacing."  He                                                               
proposed  that if  that has  been anticipated  in the  design, it                                                               
should be quite easy  to do, at little cost.   He added, "I think                                                               
if there  was incremental  cost, ... that's  where we'd  sit down                                                               
and talk  about it."  Mr.  Sharp said the "explorers"  would like                                                               
access and the  ability to communicate their  concerns and issues                                                               
regarding how the pipeline is being designed.                                                                                   
                                                                                                                                
Number 2060                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON   asked  whether   there  is  a   role  for                                                               
legislators to play  to help make sure  that conversation happens                                                               
so that  potential users get  access but the producers  don't get                                                               
saddled  with  costs  and  time delays  that  would  "impact  the                                                               
survivability and economics" of the project.                                                                                    
                                                                                                                                
MR. SHARP  answered that first,  there should be a  joint meeting                                                               
among the  producers, the explorers, and  the state.  Up  to this                                                               
point, that hasn't happened.  He said  he views the RIK sale as a                                                               
process   of  helping   to  facilitate   those  discussions   and                                                               
negotiations.   Noting that  [page 7] of  the handout  relates to                                                               
FERC, he  countered the view of  the producer team that  FERC can                                                               
support or mandate that process.                                                                                                
                                                                                                                                
Number 1962                                                                                                                     
                                                                                                                                
MR. SHARP,  in response  to a  comment from  Representative Dyson                                                               
regarding  the  open  season,  indicated   AEC  has  a  different                                                               
interpretation  from  that offered  by  the  producer team.    He                                                               
added:                                                                                                                          
                                                                                                                                
     We're  making  investments  in  the  state  right  now.                                                                    
     We're exploring for gas.  We  want to make sure that we                                                                    
     can  "monetize"  that  gas   economically.    And  it's                                                                    
     basically the same thing that  the producers are saying                                                                    
     too.    They'd like  to  lower  their risks  and  their                                                                    
     costs; they  need certainty.   And I think  that's what                                                                    
     we're looking  at from a  royalty-in-kind-sale process.                                                                    
     It provides us  that certainty.  And we  do not believe                                                                    
     it's a detriment to the producer group.                                                                                    
                                                                                                                                
Number 1931                                                                                                                     
                                                                                                                                
REPRESENTATIVE   DYSON  responded   that  he'd   understood  [the                                                               
producer group]  to say it's not  a problem and that  someone can                                                               
always get in  and ship the product if willing  to participate in                                                               
an incremental  cost increase.   Therefore, the  desire to  get a                                                               
reserved  place during  the open  season is  largely an  academic                                                               
problem.                                                                                                                        
                                                                                                                                
Number 1907                                                                                                                     
                                                                                                                                
CHAIR  OGAN recalled  that there  was a  lot of  discussion about                                                               
that  in  the Joint  Committee  on  Natural  Gas Pipelines.    He                                                               
offered his  understanding that  once the  open season  is closed                                                               
"it's pretty  much closed."   He added,  "I don't think  FERC can                                                               
make them do it."   It's a big issue, he  said, and whether there                                                               
is  further exploration  by independent  companies  in Alaska  is                                                               
what this hearing,  and this whole issue, is about.   He said DNR                                                               
is trying to facilitate the independents and some competition.                                                                  
                                                                                                                                
CHAIR OGAN  emphasized the need  to hear from a  "FERC attorney."                                                               
Although  some independents  have  such legal  counsel on  staff,                                                               
Chair Ogan  said he  didn't know  whether that  was true  of AEC.                                                               
That is the  debate here, he pointed out.   There is a difference                                                               
of opinion.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON agreed  that  the committee  needs to  know                                                               
whether FERC has  jurisdiction and what it can do.   In addition,                                                               
members need to know about the  ability to buy capacity after the                                                               
open season, and at what cost.  Because of the different                                                                        
opinions, he suggested the need for a process that leads to a                                                                   
conclusion that members can have confidence in.                                                                                 
                                                                                                                                
Number 1808                                                                                                                     
                                                                                                                                
CHAIR OGAN  announced that he  planned to appoint  a subcommittee                                                               
to  study this  issue and  perhaps facilitate  discussion between                                                               
the producers  and independents,  if all are  willing to  come to                                                               
the table.                                                                                                                      
                                                                                                                                
Number 1785                                                                                                                     
                                                                                                                                
MR. SHARP addressed Representative Dyson's question as follows:                                                                 
                                                                                                                                
     I  think the  explorers'  concerns are,  first, in  the                                                                    
     open season.  The open  season's going to be structured                                                                    
     by  the  parties that  initiate  it.   It's  not  FERC-                                                                    
     regulated.  ... Our  concern is  that we  can't make  a                                                                    
     commitment  during  that  initial open  season  without                                                                    
     proven reserves.   We need some other  type of backstop                                                                    
     or what I would refer  to as an insurance policy, which                                                                    
     the royalty-in-kind offers.                                                                                                
                                                                                                                                
     And then the  problem with waiting for  an expansion is                                                                    
     - if you haven't  designed the explorers' interests, of                                                                    
     that incremental  capacity, in  right from the  start -                                                                    
     the  expansion could  be structured  so that  it's very                                                                    
     onerous  to  those that  want  to  actually expand  the                                                                    
     pipe.    So it  may  not  be  economic for  that  party                                                                    
     seeking the next expansion.                                                                                                
                                                                                                                                
     Or it could  be designed in such a  manner that instead                                                                    
     of going from just 4 [bcf  a day] in increments of 2[00                                                                    
     million] to  300 million a day  up to 5 bcf  a day, you                                                                    
     have  to  actually  do  the  expansion  in  one  large,                                                                    
     incremental step of 1 bcf a  day.  That would exclude a                                                                    
     lot of new entrants from a pipeline. ...                                                                                   
                                                                                                                                
     What  we'd like  to see  is a  competitive, multiplayer                                                                    
     industry.  I think it's  in the benefit of everybody to                                                                    
     have  more  players  generating   more  jobs  and  more                                                                    
     revenue for the state.  And  I think the way to do that                                                                    
     is  to  ensure  that  the   expansion  is  done  in  an                                                                    
     appropriate manner  that supports  the new  entrants to                                                                    
     the pipeline.                                                                                                              
                                                                                                                                
Number 1713                                                                                                                     
                                                                                                                                
CHAIR OGAN noted  that during the open season,  AEC wouldn't have                                                               
gas  but  would be  looking  for  it,  in  a joint  venture  with                                                               
Anadarko.   If  the  season  closed and  if  FERC  could not,  by                                                               
regulation, allow  entrants after they find  gas, "then basically                                                               
you're done looking up there."                                                                                                  
                                                                                                                                
MR. SHARP  suggested other  new explorers  would be  done looking                                                               
too.   There would be 20  years when the pipeline  would be full,                                                               
during which  time the  existing shippers  on the  pipeline would                                                               
start exploring to keep that pipeline  full.  With a potential of                                                               
100 trillion  cubic feet on  the North  Slope, he said,  "I guess                                                               
what  we're  hoping  is  that  you  would  allow  explorers  like                                                               
ourselves -  and other explorers -  to be able to  take advantage                                                               
of that  potential as well, not  just the three parties  that are                                                               
there right now."                                                                                                               
                                                                                                                                
Number 1641                                                                                                                     
                                                                                                                                
MR.  SHARP  referred to  page  5,  "Explorers' Pipeline  Decision                                                               
Timeline."  He indicated [between  2005 and 2006] is the earliest                                                               
date for  the explorers  on the foothills  project and  the North                                                               
Slope for gas,  and that AEC and Anadarko are  the furthest along                                                               
in this regard.  Even if  the open season were delayed until 2003                                                               
or 2004,  Mr. Sharp said,  they would  be in the  same situation.                                                               
"So we need  something else such as a  royalty-in-kind process to                                                               
participate in that initial open season," he concluded.                                                                         
                                                                                                                                
Number 1608                                                                                                                     
                                                                                                                                
MR. SHARP  turned attention to  page 6, labeled  "State's Royalty                                                               
in-Kind Decision  Timeline."  He  noted that it  highlights, from                                                               
the state's  perspective on the  RIK sale, the reason  for having                                                               
it now.   He pointed out  the window of opportunity  shown on the                                                               
chart  for the  state's process  of  a RIK  sale, as  well as  an                                                               
example  of a  timeline for  an open  season for  the Alaska  Gas                                                               
Producers  Pipeline Team.   He  emphasized  that if  there is  no                                                               
commitment  from  the producer  pipeline  team,  the open  season                                                               
could occur anytime, perhaps outside the window of the RIK sale.                                                                
                                                                                                                                
Number 1563                                                                                                                     
                                                                                                                                
MR. SHARP  returned attention to  page 7, regarding how  FERC can                                                               
help; he noted that this is  where there is disagreement with the                                                               
producer group.   He referred to the first  four "bullet points,"                                                               
which read [with punctuation changes]:                                                                                          
                                                                                                                                
     Can not force a pipeline expansion                                                                                         
                                                                                                                                
     Open seasons are encouraged but not required                                                                               
                                                                                                                                
     Open seasons are not regulated (complaints basis)                                                                          
                                                                                                                                
     Open   seasons    filed   significantly    before   the                                                                    
     application  -  helps  determine  design  and  size  of                                                                    
     pipeline  required for application                                                                                         
                                                                                                                                
MR. SHARP  noted that these  comments were from the  testimony of                                                               
Robert Cupina,  FERC's Director of  Energy Projects, on  July 17,                                                               
2001, in  a Joint  Natural Gas Pipeline  Committee hearing.   Mr.                                                               
Sharp  further  noted that  there  is  a "case  precedent,  legal                                                               
precedent,  Section  7  of  the natural  gas  Act  and  Panhandle                                                             
Eastern, which  supports our  views here."   Basically,  he said,                                                             
FERC cannot  force an  expansion of the  pipeline.   Open seasons                                                               
aren't regulated or  required; if his company had  a problem with                                                               
the open  season from an  explorer perspective, it would  have to                                                               
be under  a complaints process, which  is inefficient, expensive,                                                               
[time-consuming],  and usually  "doesn't result  in a  reasonable                                                               
outcome."                                                                                                                       
                                                                                                                                
MR. SHARP discussed  a second key point.  An  open season is held                                                               
significantly ahead  of time, before  an application;  the reason                                                               
is  that  it is  used  to  help  design  and size  the  pipeline.                                                               
Because there is  a difference of opinion  regarding FERC's power                                                               
in this  regard, he proposed  that access and expansion  terms be                                                               
written  into  "the  producers'  federal  enabling  legislation."                                                               
That would  clarify all  the rules for  access and  expansion for                                                               
everyone.                                                                                                                       
                                                                                                                                
Number 1472                                                                                                                     
                                                                                                                                
MR.  SHARP  noted  that  pages  8 and  9  talk  about,  from  the                                                               
explorers'  perspective, how  they will  use  the RIK  sale.   He                                                               
explained:                                                                                                                      
                                                                                                                                
     Essentially,  what we're  faced with  is exploring  and                                                                    
     wanting to  monetize natural gas  in Alaska.   However,                                                                    
     in order  to do that, we  need firm service.   The firm                                                                    
     service is an  obligation of $150 million a  year.  And                                                                    
     over a  15-year timeframe, it's  over $2 billion.   And                                                                    
     if the term  of the firm service is 25  years, it would                                                                    
     be over $3 billion dollars.                                                                                                
                                                                                                                                
     Now, without proven  reserves - as explorers  - we just                                                                    
     can't  commit to  that  type  of financial  commitment.                                                                    
     And that's  where we come  in with  the royalty-in-kind                                                                    
     proposal.                                                                                                                  
                                                                                                                                
MR. SHARP discussed a section of page 8 that read:                                                                              
                                                                                                                                
     State RIK backstop agreement                                                                                               
                                                                                                                                
     -    acts like insurance policy for Explorer                                                                               
     -    not a  handout, Explorer competing and  paying for                                                                    
          RIK gas                                                                                                               
     -    State receives  RIK price  [greater than  or equal                                                                    
          to] RIV price                                                                                                         
                                                                                                                                
MR.  SHARP explained  that the  state would  be backstopping  the                                                               
firm service, while [the explorers]  would pay a premium relative                                                               
to  [the  state's]  royalty-in-value  gas  price  that  it  would                                                               
receive  in   royalty-in-kind  gas.    He   emphasized  that  the                                                               
explorers  aren't asking  for a  handout, but  would be  paying a                                                               
premium  for the  right to  have this  type of  insurance policy.                                                               
"We're  guaranteeing  that  the  royalty-in-kind  price  will  be                                                               
greater than the royalty-in-value," he added.                                                                                   
                                                                                                                                
Number 1379                                                                                                                     
                                                                                                                                
MR. SHARP referred  to page 9, noting that it  shows the timeline                                                               
of  the   firm  service   versus  the   royalty-in-kind  purchase                                                               
agreement.  He told members:                                                                                                    
                                                                                                                                
     We  will  know  by  2005  whether  our  exploration  is                                                                    
     successful on  the foothills.   And by 2007,  which you                                                                    
     can see in  our bid document, that's when  we will have                                                                    
     ensured that we've  met ... our work  commitment on the                                                                    
     North Slope; otherwise, we'd pay liquidated damages.                                                                       
                                                                                                                                
     So  we'll  actually  know,  before  the  pipeline  even                                                                    
     flows, whether we're successful  in our exploration and                                                                    
     we'll have our  own gas to flow or that  we require the                                                                    
     backstop.   And  I  think because  of  that, then,  the                                                                    
     producer  group has  more than  advance notice  of what                                                                    
     our plans will be.  And  we would like to work together                                                                    
     on how that  would work, with the state as  well as the                                                                    
     producer group.                                                                                                            
                                                                                                                                
Number 1340                                                                                                                     
                                                                                                                                
MR. SHARP  turned attention to  page 10, "Foothills  Gas Decision                                                               
Tree," which  relates to decisions regarding  development.  First                                                               
is ["RIK  bid success"],  which is happening  now; second  is the                                                               
open  season, during  which  "we  would have  to  commit to  firm                                                               
service  and the  onerous liability  of the  firm service  demand                                                               
charges"; and  third is  "exploration success."   He  pointed out                                                               
that the  state receives  a benefit in  all cases,  without risk.                                                               
He characterized it as a win-win situation for everyone.                                                                        
                                                                                                                                
MR. SHARP elaborated.   Even if there were no  bid, he said, "the                                                               
state knows what  the value of your gas is  because you have four                                                               
bids coming  in, and it  gives you an  idea of the  interests and                                                               
the ideas that  you could have for monetizing your  gas."  As for                                                               
the pipeline  firm service,  he said,  "If we're  unsuccessful in                                                               
the  open   season  for  some   reason,  you'd  still   have  our                                                               
[exploration work]."  He added,  "In the foothills, you know what                                                               
the potential is for gas, on the foothills and the North Slope."                                                                
                                                                                                                                
MR.  SHARP told  members that  if the  company were  unsuccessful                                                               
regarding    exploration,   "we    would   be    mitigating   the                                                               
transportation  charges that  we have  under the  royalty-in-kind                                                               
sale, and over a 15-year period  that would be an incremental $77                                                               
million over and  above the royalty-in-value price  that we would                                                               
be  paying  to  the  state."     Finally,  if  the  company  were                                                               
successful  in exploration,  one successful  gas discovery  would                                                               
bring in $6.4  billion in "in-state value-add."  He  said that is                                                               
shown in an economic study "that we have in our bid process."                                                                   
                                                                                                                                
Number 1208                                                                                                                     
                                                                                                                                
MR.  SHARP, in  the interests  of time,  indicated he  would skip                                                               
page 11, which shows how an explorer utilizes the [RIK] sale.                                                                   
                                                                                                                                
MR. SHARP  turned attention to pages  12 and 13, which  relate to                                                               
whether  there is  an impact  to  the producers.   The  "decision                                                               
tree" on  page 12 relates to  whether to build in  the RIK volume                                                               
right from  the start.   It  shows that at  4 bcf  a day,  if the                                                               
pipeline is easily  expanded, there is no impact  to the producer                                                               
group.  If  the RIK volume is  built in right from  the start, he                                                               
emphasized,  there  is  actually  a significant  benefit  to  the                                                               
state,  as well  as -  to  his belief  -  to the  producers.   He                                                               
explained, "Where  they can accelerate  production, you  can have                                                               
an  incentive for  more explorers  and business  and expenditures                                                               
and jobs  into the state, as  well as it maximizes  the gas price                                                               
in Alaska, as the pipeline's not a bottleneck."                                                                                 
                                                                                                                                
MR. SHARP discussed  the "cost side" for the  producers [page 13]                                                               
from the explorers'  perspective.  He noted that  the chart shows                                                               
the  supply  chain,  including  the  process  plant,  the  carbon                                                               
dioxide (CO2)  plant, and  the pipeline.   He offered  the belief                                                               
that  the CO2  plant wouldn't  be a  bottleneck because  its cost                                                               
would be  five to six times  less than the pipeline;  it wouldn't                                                               
make sense for  the producer group to underbuild  that portion of                                                               
the supply  chain because  they would want  to keep  the pipeline                                                               
full.   He  referred  to  an example  on  the  chart relating  to                                                               
downtime  between the  field and  the pipeline;  he said  the end                                                               
result is  basically an impact of  less than 5 cents  per million                                                               
cubic  feet to  the  producers,  which he  believes  to be  "well                                                               
within the  accuracy of their  forecasts of costs and  prices for                                                               
their  project."    He concluded,  "From  our  perspective,  it's                                                               
insignificant impact to the producers."                                                                                         
                                                                                                                                
Number 1088                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS referred  to page 12 and asked  Mr. Sharp to                                                               
go  through  the  scenario  of  having 4.35  bcf  a  day  and  no                                                               
exploration.   She  said  it  seems there  would  be a  five-year                                                               
contract,  for example,  and then  [the  explorers] might  decide                                                               
they didn't  want to  be in  the business  anymore; thus  the gas                                                               
going  through the  pipe might  be  down to  4  bcf a  day.   She                                                               
suggested  that  in  addition  to  the risk  of  not  building  a                                                               
pipeline  with enough  capacity,  there is  quantifiable risk  in                                                               
building  one   bigger  than  will   be  used.     She  requested                                                               
clarification about the ostensible lack  of risk and the benefits                                                               
of having extra capacity.                                                                                                       
                                                                                                                                
Number 1009                                                                                                                     
                                                                                                                                
MR. SHARP answered as follows:                                                                                                  
                                                                                                                                
     Right now in  Prudhoe Bay they're cycling 6 to  8 bcf a                                                                    
     day.    And  if   you're  only  talking  a  4-bcf-a-day                                                                    
     pipeline or  4.35-bcf-a-day pipeline, really,  you have                                                                    
     the  supply   there.    And   so  you   could  actually                                                                    
     accelerate  production  from   Prudhoe  Bay  and  Point                                                                    
     Thomson  for that  small portion  of  the pipeline;  it                                                                    
     only  represents 8  percent of  the capacity.   And  so                                                                    
     you'd actually  get accelerated  gas sales.   And  on a                                                                    
     time-value basis, that's significant  value to both the                                                                    
     state as well as the producer group.                                                                                       
                                                                                                                                
Number 0971                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS asked, "But isn't that forcing the people                                                                  
that are left over, that have the 4 bcf, into doing that?"                                                                      
                                                                                                                                
MR. SHARP answered:                                                                                                             
                                                                                                                                
     Not necessarily.   I think they would do  it because it                                                                    
     would  maximize  their  revenue.   But  I  think,  more                                                                    
     importantly, if  you do have capacity  on the pipeline,                                                                    
     it  creates  an  incentive   for  other  people,  other                                                                    
     explorers, to come  into the state and  explore for gas                                                                    
     as well.   But I think  that's really where you  gain a                                                                    
     competitive  natural gas  industry.   The more  players                                                                    
     that  you have,  the  more money  that's  spent in  the                                                                    
     state, the more jobs, the more revenue that's created.                                                                     
                                                                                                                                
Number 0928                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS countered that it seems that the whole                                                                     
backstop proposal is just shifting risk.  She explained:                                                                        
                                                                                                                                
     We'd either  sell it to  a producer such  as yourselves                                                                    
     and  we're fine,  or we  force the  people who  own the                                                                    
     pipeline to  move it.   So we're not really  having any                                                                    
     risk in  either case.   But ...  you could  leave after                                                                    
     your  contract  and there  still  could  be that  empty                                                                    
     capacity, or we could have ...  4 bcf and we could take                                                                    
     the  producers' view  of "then  they're forced  to take                                                                    
     it."                                                                                                                       
                                                                                                                                
MR. SHARP responded:                                                                                                            
                                                                                                                                
     I think there'd  be two ways I'd add to  that.  I think                                                                    
     first would  be the gas  potential on the  North Slope.                                                                    
     I think you  have to take that viewpoint that  out of a                                                                    
     100 [trillion-cubic-foot]  potential, that if  you have                                                                    
     capacity on  the pipeline  and people  are able  to ...                                                                    
     monetize their  gas exploration and  production, you're                                                                    
     going  to have  lots  of players  out there  exploring,                                                                    
     because they're  going to  want to  fill that  piece of                                                                    
     pipeline first before, let's  say, the existing proven-                                                                    
     reserve holders.   And I  think with that  small margin                                                                    
     of the  350 million  cubic feet a  day, I  believe that                                                                    
     could be easily filled  by the existing proven reserves                                                                    
     on the North Slope.                                                                                                        
                                                                                                                                
     And  that's kind  of why  I  had this  next chart  here                                                                    
     [page 13], is that if  you have a processing plant here                                                                    
     with a  capacity of 8 bcf  a day, and you  have the CO2                                                                    
     plant -  which they  have to  put in  place -  what I'm                                                                    
     suggesting is that you would  overbuild this CO2 plant,                                                                    
     regardless of whether you  have the royalty-in-kind ...                                                                    
     sale occurring, the  reason being that this  is only 20                                                                    
     cents, whereas the  pipeline cost is five  to six times                                                                    
     as much.   So  you want  to make  sure you  have excess                                                                    
     capacity on the  front end so you can  always keep your                                                                    
     highest-cost component of this supply chain full.                                                                          
                                                                                                                                
     So my argument  ... is that the 350  million cubic feet                                                                    
     a day is  such a small portion of  this overall volume,                                                                    
     I  believe  it would  be  within  the design  of  these                                                                    
     facilities.   In  fact, ...  if I  was the  producer, I                                                                    
     would  design that  in,  so I  could  keep my  pipeline                                                                    
     fully utilized ....                                                                                                        
                                                                                                                                
Number 0764                                                                                                                     
                                                                                                                                
MR. SHARP offered some of the  conclusions outlined on page 14 of                                                               
the  handout.   From  an explorer's  perspective,  he noted,  AEC                                                               
believes the  RIK is in the  best interest of the  state and that                                                               
RIK provides  no risk [to  the state]  or impact to  the producer                                                               
group,  unless it  is a  positive impact  due to  the accelerated                                                               
sales.   In closing, he  emphasized that  AEC is offering  to the                                                               
state  a  vision  of  creating  a  competitive,  multiplayer  gas                                                               
industry in Alaska, and believes that  this RIK sale is the first                                                               
step towards creating that.                                                                                                     
                                                                                                                                
Number 0704                                                                                                                     
                                                                                                                                
CHAIR  OGAN thanked  Mr. Sharp  and requested  that his  company,                                                               
along  with other  independents  operating  in Alaska,  including                                                               
Anadarko  Petroleum  Corporation,  provide  an  overview  to  the                                                               
committee as  well as suggestions  of what [the  legislature] can                                                               
do to make  it easier for independents to do  business in Alaska.                                                               
He stressed timeliness  in case legislation needs  to be drafted.                                                               
He then introduced  Mark Hanley, former member  of Alaska's House                                                               
of Representatives.                                                                                                             
                                                                                                                                
Number 0610                                                                                                                     
                                                                                                                                
MARK   HANLEY,  Public   Affairs   Manager,  Anadarko   Petroleum                                                               
Corporation, came forward  to testify, noting that  Mr. Sharp had                                                               
gone  over a  lot of  the  issues already.   He  pointed out  the                                                               
following in the [the Anadarko/AEC]  bid document:  cash payments                                                               
that have accrued [$350,000]; an  exploration work commitment for                                                               
$50 million to  do exploration in the foothills  looking for gas;                                                               
a preference for  in-state gas processing, which  may encourage a                                                               
company like Williams  to process gas, for  example; a preference                                                               
for local  hire; training  obligations; and  other items  that he                                                               
believes show that the state will  get a value out of its royalty                                                               
gas  because of  the addition  of other  factors beyond  what the                                                               
state  would get  otherwise.   Clearly,  if the  state sells  its                                                               
royalty  gas, he  said, there  is going  to be  added value  from                                                               
that.                                                                                                                           
                                                                                                                                
Number 0492                                                                                                                     
                                                                                                                                
MR. HANLEY  addressed timing.   He emphasized  that if  the state                                                               
doesn't  sell  its royalty  gas  before  an  open season,  it  is                                                               
unlikely to get anything for its royalty gas.  He told members:                                                                 
                                                                                                                                
     Everybody will bid  capacity on the pipeline.   It will                                                                    
     be  utilized  at  full capacity,  and  there'll  be  no                                                                    
     reason for people that already  have capacity to pay an                                                                    
     extra premium  to carry  the state's  gas.   And anyone                                                                    
     else  that wants  to buy  the state's  gas, other  than                                                                    
     potentially right  on the North Slope,  ... there won't                                                                    
     be  any  capacity  for  them  to  take  that  down  the                                                                    
     pipeline.  So they won't be able to bid. ...                                                                               
                                                                                                                                
     It is important, if the  state is interested in getting                                                                    
     extra value for  its royalty gas, that  that sale occur                                                                    
     before any open  season.  And, again,  you've heard the                                                                    
     producers  say  they don't  see  one  in this  calendar                                                                    
     year; of course,  that could be early  next year, which                                                                    
     would have the same problems,  or ... I suspect if they                                                                    
     got their federal legislation and  the tax credits that                                                                    
     they  were  going  [after]   and  their  study  finally                                                                    
     finished up, and they said,  "We've got a project," you                                                                    
     would expect them  to hold an open [season].   In fact,                                                                    
     the state would encourage them  to have an open season.                                                                    
     ... The  timing is crucial  to have a royalty  sale, to                                                                    
     see what kind of bids you have out there.                                                                                  
                                                                                                                                
Number 0373                                                                                                                     
                                                                                                                                
MR. HANLEY turned  attention to whether FERC  can force expansion                                                               
and  what its  regulatory abilities  are; he  offered his  belief                                                               
that FERC is  lax in how it  regulates.  He referred  to a letter                                                               
[dated January 15,  2002, from the Alaska  Gas Producers Pipeline                                                               
Team to  DNR Commissioner Pat  Pourchot] asking that the  sale be                                                               
canceled,  noting  that it  suggests  no  precedent is  cited  in                                                               
support of  the assertion that  FERC cannot compel  expansion; it                                                               
also says  that FERC  asserts it  can compel  pipeline expansion,                                                               
and provides a  citation.  Mr. Hanley advised  the committee that                                                               
he could provide a legal citation  that suggests FERC cannot.  He                                                               
recalled hearing Mr.  Hurley say, however, that  [FERC] could not                                                               
force expansion,  nor would that  be desirable.  Mr.  Hanley said                                                               
this is  a critical issue  for the  committee to understand.   He                                                               
further said:                                                                                                                   
                                                                                                                                
     You can't  bid for initial  capacity and take  the risk                                                                    
     if you  don't have any gas.   And if you  don't bid for                                                                    
     initial  capacity, it's  all  going to  go  to the  ...                                                                    
     producers' team, and that's a natural.                                                                                     
                                                                                                                                
     But what  you really have  is a  policy call.   If they                                                                    
     control  all the  capacity  - and  we  suggest if  they                                                                    
     control  the initial  capacity, it's  going to  make it                                                                    
     almost impossible for anybody  to get into the expanded                                                                    
     capacity as  well -  you will  not have  exploration in                                                                    
     this state, not by  frontier explorers like Anadarko or                                                                    
     Alberta Energy in  areas like the foothills  - at least                                                                    
     not for many,  many years, long after  lease sales have                                                                    
     expired.    And, in  fact,  you're  not likely  to  get                                                                    
     additional participants  at a future lease  sale in the                                                                    
     foothills if people cannot be guaranteed access.                                                                           
                                                                                                                                
     So there is an impact to  the state.  There's a benefit                                                                    
     by selling the  royalty gas.  It's  a guaranteed higher                                                                    
     value.                                                                                                                     
                                                                                                                                
Number 0185                                                                                                                     
                                                                                                                                
MR. HANLEY continued:                                                                                                           
                                                                                                                                
     The question  you have is,  the producers  assert "this                                                                    
     is  going  to  kill   the  pipeline"  or  "it's  unduly                                                                    
     burdensome."   That's  your question,  and you  need to                                                                    
     delve into that  in detail, because we  think there are                                                                    
     ways that the  potential risk that they  suggest can be                                                                    
     mitigated.                                                                                                                 
                                                                                                                                
     One  of the  assumptions  I think  they  made in  their                                                                    
     example, which is very simple,  is that there's a 4-bcf                                                                    
     pipeline.  Well,  do you build it and it's  only 4 bcf?                                                                    
     Can you not squeeze another  molecule through?  What is                                                                    
     the  level?  ...   Typically,  even  without  expansion                                                                    
     costs, there's some  flexibility of 100, 200  mcf a day                                                                    
     on a pipeline the size of  4 bcf.  So, possibly, of the                                                                    
     300 that  they say  they would get,  prorated, possibly                                                                    
     200  would be  able to  be absorbed  within any  system                                                                    
     that they build.                                                                                                           
                                                                                                                                
     Of course,  I think they  may claim that  they're going                                                                    
     to build it  to the absolute maximum  molecule that can                                                                    
     be put  through, and not  another.  That's not,  in our                                                                    
     understanding, the reality of  the situation.  So, some                                                                    
     of  that risk  is mitigated.    Gas left  in the  field                                                                    
     potentially means more oil  recovery; that's [an] added                                                                    
     value  to   the  state   and  even,   potentially,  the                                                                    
     producers; it  mitigates some of  that risk.   So there                                                                    
     are ways to go out there.                                                                                                  
                                                                                                                                
     I  think one  of the  problems  you have  is it's  very                                                                    
     difficult to  talk in theoretical terms  when you don't                                                                    
     know the specifics.   And you don't know  what they say                                                                    
     the maximum volume's going to  be.  You don't know what                                                                    
     they say  the maximum pipeline capacity's  going to be.                                                                    
     We don't know what the expansion capacity [will be].                                                                       
                                                                                                                                
     The terms and conditions  of open seasons and expansion                                                                    
     are  generally set  by those  that build  the pipeline.                                                                    
     So of  course they're going  to set them both  to their                                                                    
     best  economic value  but also  to their  advantage for                                                                    
     controlling  the  capacity,  because  that  ...  is  an                                                                    
     economic value  to them as well.   And so that's  not a                                                                    
     bad  thing.   They're going  to  do ...  what's in  the                                                                    
     companies'  best  interest.    It may  not  be  in  the                                                                    
     state's  best  interest.     It  may  not   be  in  the                                                                    
     explorers' best interest.                                                                                                  
                                                                                                                                
MR. HANLEY said the question is whether explorers can be                                                                        
provided for; he cited ASRC as an example.                                                                                      
                                                                                                                                
TAPE 02-7, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
MR. HANLEY reiterated  the need to get  specific information from                                                               
the producers on  how they will build this [pipeline].   He added                                                               
that if the expansion capacity is  also "one shot or nothing," it                                                               
also  has  the  ability  to "freeze  out"  people;  however,  the                                                               
producers could say  it's the cheapest way to build  it.  He told                                                               
the committee:                                                                                                                  
                                                                                                                                
     You  need to  make that  call, because  ... if  it goes                                                                    
     forward  the way  it could  very well  go forward,  you                                                                    
     will  have three  producers,  largely, controlling  all                                                                    
     the capacity, and  you will not have  exploration.  And                                                                    
     is that a good thing for the state?                                                                                        
                                                                                                                                
     I think  Conoco suggested awhile back  that controlling                                                                    
     capacity on a pipeline -  and this was a common-carrier                                                                    
     oil pipeline  - was  one of the  reasons they  left the                                                                    
     state. ... You're hearing people  tell you, "This is an                                                                    
     issue; this  could cause companies  not to  explore for                                                                    
     things."                                                                                                                   
                                                                                                                                
     Don't  just  take  our  word  for it.    Get  your  own                                                                    
     independent evaluation  of FERC  authority and  get the                                                                    
     details  from the  producers so  that you  can actually                                                                    
     make an  honest value  judgment of  whether there  is a                                                                    
     risk, whether there are ways to mitigate that risk.                                                                        
                                                                                                                                
Number 0139                                                                                                                     
                                                                                                                                
REPRESENTATIVE GUESS asked Mr. Hanley whether he believes the                                                                   
RIK [gas sale] is the only way to ensure access and expansion of                                                                
the gas line.                                                                                                                   
                                                                                                                                
MR. HANLEY answered,  "Not necessarily."  He said  there are lots                                                               
of  public policy  calls.   For  example, it  could  be a  common                                                               
carrier.   The same issues  would exist, he noted;  the producers                                                               
would argue that they don't want their gas prorated.  He added:                                                                 
                                                                                                                                
     But it happens on oil lines  all the time, and it's not                                                                    
     unusual.  It's  unusual for a gas line, but  this is an                                                                    
     unusual  gas line,  with identified  reserves that  you                                                                    
     know are  out there to  do it.   You could  reserve all                                                                    
     the  expansion  capacity for  new  gas,  or give  it  a                                                                    
     preference.    There  are  other  ways  to  do  things,                                                                    
     absolutely.  RIK is not the only way to go about this.                                                                     
                                                                                                                                
Number 0231                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON remarked:                                                                                                  
                                                                                                                                
     We  could also  do  something  that guarantees  there's                                                                    
     always an open season, or  that you guys don't get shut                                                                    
     out  of  the open  season  because  of your  timing  on                                                                    
     exploration, or  that, as  [Mr. Sharp]  suggested, that                                                                    
     pipeline gets built  with the excess-capacity potential                                                                    
     and that  you only  have to  pay your  agreed-upon fair                                                                    
     share  of what  expansion costs  are, in  order to  get                                                                    
     your gas in the pipe.                                                                                                      
                                                                                                                                
MR. HANLEY replied:                                                                                                             
                                                                                                                                
     Possibly.  ...  But,  again,  it   comes  down  to  who                                                                    
     controls  the process  ....   If you  start off  with a                                                                    
     goal  of making  sure  it can  be  easily expanded  and                                                                    
     that's a policy you want to  have, do you think you can                                                                    
     design a  project that can  do that with  minimal cost?                                                                    
     Well, you probably can.   It will have some extra cost,                                                                    
     possibly,  but  is there  some  extra  benefit even  to                                                                    
     yourself?   Possibly,  but these  are things  you don't                                                                    
     know  ... because  you're not  doing the  design.   And                                                                    
     could  you  design  a project  that  creates  the  most                                                                    
     advantage   for   you   ...  on   a   business   basis?                                                                    
     Absolutely, making  it difficult for others  to get in.                                                                    
     ... It can also be economic.                                                                                               
                                                                                                                                
Number 0369                                                                                                                     
                                                                                                                                
CHAIR  OGAN remarked  that the  more he  deals with  the pipeline                                                               
issue, the  more he realizes  how little influence the  state has                                                               
on it;  because of FERC,  [most decisions come  from] Washington,                                                               
D.C.   He thanked  Mr. Hanley  and invited  to the  witness table                                                               
Mark Myers and Bonnie Robson of the Division of Oil and Gas.                                                                    
                                                                                                                                
Number 0460                                                                                                                     
                                                                                                                                
MARK  MYERS, Director,  Division of  Oil and  Gas, Department  of                                                               
Natural  Resources, noted  that  online to  answer questions  was                                                               
Kevin  Banks, the  division's commercial  market analyst,  who is                                                               
the person within the division  who has been most responsible for                                                               
the RIK sale program.                                                                                                           
                                                                                                                                
MR.  MYERS  commended  the legislature  and  this  committee  for                                                               
taking on this issue early;  he emphasized the importance of this                                                               
issue to  the state.  He  pointed out that the  process was begun                                                               
the previous  year when the  legislature asked DNR to  consider a                                                               
potential sale  to Netricity and  to look at selling  the state's                                                               
RIK gas.  He told members:                                                                                                      
                                                                                                                                
     We got the message loud  and clear that the legislature                                                                    
     wanted  the state  to look  at the  options it  had for                                                                    
     uses for  its royalty  gas and how  it might  sell that                                                                    
     royalty gas  versus leave it  in value.  So,  again, we                                                                    
     are ...  trying to honor  ... the commitment to  you to                                                                    
     fully evaluate it.                                                                                                         
                                                                                                                                
     An RIK sale  does just that.  We get  proposals in from                                                                    
     all parties  ... interested in ...  wanting to purchase                                                                    
     RIK gas.   So it was  a very open process  in the sense                                                                    
     that  ... anyone  who could  meet the  minimum business                                                                    
     requirements in the state ... could bid.                                                                                   
                                                                                                                                
Number 0550                                                                                                                     
                                                                                                                                
MR. MYERS noted that the process has been characterized as an                                                                   
"RIK backstopping method."  He stated:                                                                                          
                                                                                                                                
     That's  totally untrue;  that's a  total misconception.                                                                    
     It is  an open process,  requires full analysis  of all                                                                    
     bids, regardless of what the  intended purpose of those                                                                    
     bids  [is],  and  then  it  involves  your  legislative                                                                    
     approval.   So it's  a very public  process to  look at                                                                    
     all options for state ...  RIK gas.  And that's, again,                                                                    
     part of what DNR considers.                                                                                                
                                                                                                                                
     You've   put   a   tremendous   amount   of   fiduciary                                                                    
     responsibility on  us to manage  our state oil  and gas                                                                    
     lands  to the  maximum  benefit of  the  people of  the                                                                    
     state.   And that's really  what this is all  about, is                                                                    
     DNR's attempt  to assure that  we are  maximizing value                                                                    
     for the  people of the  state, whether it  be financial                                                                    
     value,  whether  it  be  in-state  refining  potential,                                                                    
     local energy use  by a local utility, or  whether it be                                                                    
     to  allow  for further  exploration.    And it's  also,                                                                    
     certainly, to  receive maximum financial value  ... for                                                                    
     that gas received.                                                                                                         
                                                                                                                                
     Certainly, when you  look at the way  the proposal from                                                                    
     the state  was set up, it  was designed to look  at all                                                                    
     those  ... potentials.   So  I guess  I take  exception                                                                    
     with  the  concept  that  the  sale's  purpose  was  to                                                                    
     provide  RIK  backstopping.    That   was  one  of  the                                                                    
     possible uses that was listed,  out of many other uses.                                                                    
     So, hopefully we cleared up ... that misconception.                                                                        
                                                                                                                                
Number 0665                                                                                                                     
                                                                                                                                
MR. MYERS noted that this  committee and others have been looking                                                               
at what  to do  to facilitate  a robust oil  and gas  industry in                                                               
Alaska as oil revenues decline.   He suggested rather than having                                                               
incentive  programs  that  give  out dollars,  the  state  should                                                               
ensure  fair access  to its  oil and  gas lands,  whether through                                                               
lease sales  or facilities.   It  is crucial  to the  process, he                                                               
said.                                                                                                                           
                                                                                                                                
Number 0693                                                                                                                     
                                                                                                                                
MR. MYERS  referred to a  handout titled  "Alaska Royalty-In-Kind                                                               
Gas  Sale," dated  February 5,  2002.   He  brought attention  to                                                               
Figure A, "Alaska's Onshore Basins,"  noting the potential beyond                                                               
Prudhoe  Bay and  Point Thomson.   If  the state  is to  see that                                                               
potential realized, he said, there has  to be access.  He likened                                                               
it to  building a  superhighway and then  not allowing  anyone to                                                               
travel on it;  that is how critical access to  the pipeline is to                                                               
the state's future  well-being, he told members.   It applies not                                                               
just to  the North  Slope foothills, but  also to  other Interior                                                               
basins that might be along the  pipeline's route.  "It's not only                                                               
intake of gas; it's also offtake  of gas for local use," he said.                                                               
"All those are  critical issues that revolve around  the issue of                                                               
access to a pipeline."                                                                                                          
                                                                                                                                
MR.  MYERS turned  attention to  Figures B  and C.   He  said the                                                               
potential  for  gas  on  the  North  Slope  is  astounding.    As                                                               
mentioned by  BP, for  example, there is  more than  100 trillion                                                               
cubic  feet of  gas hydrates.   He  said those  gas hydrates  sit                                                               
almost directly under the current existing facilities.                                                                          
                                                                                                                                
Number 0770                                                                                                                     
                                                                                                                                
MR. MYERS, in  response to a question from  Chair Ogan, explained                                                               
that akin  to ice, gas  hydrates are actually frozen  rather than                                                               
being  in  a  free,  gaseous  state.    Gas  hydrates  contain  a                                                               
tremendous  volume  of  captured  gas.   It  is  known  that  the                                                               
hydrates  are in  the  field because  there  have been  extensive                                                               
drilling through it and early studies.  He added:                                                                               
                                                                                                                                
     We  have all  the well  data, all  the seismic  data to                                                                    
     indicate  the  hydrates are  there,  so  we have  great                                                                    
     certainty; these numbers are certainty.                                                                                    
                                                                                                                                
     Now, how much  of that can be  captured economically is                                                                    
     another question.   But ...  we get into the  issue of,                                                                    
     will  you overbuild  this pipeline?   And  if you  have                                                                    
     another  [trillion  cubic  feet] of  gas  sitting  just                                                                    
     underneath  the existing  infrastructure that  won't be                                                                    
     available for capacity  in the line for 15  or 20 years                                                                    
     ...  or  longer, I  have  great  faith we'll  find  the                                                                    
     technology to do it.                                                                                                       
                                                                                                                                
     [There are] research  programs going on as  we speak by                                                                    
     the Department of Energy; there  are two proposals that                                                                    
     have  been funded  for Alaska  by two  different groups                                                                    
     that ... will  result in the drilling of  wells to test                                                                    
     the commercial production of these hydrates.                                                                               
                                                                                                                                
Number 0863                                                                                                                     
                                                                                                                                
CHAIR  OGAN  requested  confirmation  that  the  hydrates  aren't                                                               
currently in production.                                                                                                        
                                                                                                                                
MR.  MYERS said  they are  solid, at  fairly shallow  depths just                                                               
underneath or in  the base of the permafrost on  the North Slope.                                                               
He  referred  to  Figure  D, which  shows  a  well  cross-section                                                               
displaying  gas-hydrate and  free-gas zones.   He  said, "We  can                                                               
quantify with great accuracy the amount ... of hydrates there."                                                                 
                                                                                                                                
MR.  MYERS  brought  attention  to Figure  E,  "North  Slope  Gas                                                               
Hydrate  Potential."   Although  it shows  hydrate potential  all                                                               
over  the North  Slope, he  said, not  just beneath  the existing                                                               
infrastructure,  it is  under the  infrastructure  that it  would                                                               
have the best economics.                                                                                                        
                                                                                                                                
MR.  MYERS told  members the  state wants  to facilitate  a long-                                                               
term, viable  gas industry.   The question  is how to  get there.                                                               
Obviously, there  must be  a pipeline, and  "you can't  burden it                                                               
commercially  to the  extent that  makes it  unusable," he  said.                                                               
"However, we  do believe that the  RIK sale does not  burden, yet                                                               
could ... facilitate this process."                                                                                             
                                                                                                                                
MR. MYERS  highlighted that this  pipeline is  contract carriage,                                                               
whereas   an  oil   pipeline  is   common  carrier.     Many   of                                                               
Representative  Dyson's  good  questions  on the  issue  of  open                                                               
access  wouldn't   be  a  question  on   a  common-carrier  line.                                                               
However, a  contract-carriage line doesn't provide  the certainty                                                               
that there is readily available access "to other folks."                                                                        
                                                                                                                                
Number 0981                                                                                                                     
                                                                                                                                
MR. MYERS told members:                                                                                                         
                                                                                                                                
     We've  had numerous  discussions with  many consultants                                                                    
     and external lawyers, FERC  experts, and we've actually                                                                    
     had internal communications within  FERC.  And FERC has                                                                    
     never,   to  their   internal   knowledge,  forced   an                                                                    
     expansion  of a  pipeline.   They  believe that  market                                                                    
     forces will, in fact, lead to the expansion.                                                                               
                                                                                                                                
     However,  in Alaska  we have  a very  unique situation.                                                                    
     Those market forces in the  Lower 48 would drive either                                                                    
     the pipeline  to expand or  a new pipeline to  be built                                                                    
     if they weren't willing to  expand.  We're going to get                                                                    
     one pipeline.                                                                                                              
                                                                                                                                
MR. MYERS cited  some reasons Alaska will get  only one pipeline:                                                               
environmental  reasons, construction  costs, lots  of permitting,                                                               
and  treaty negotiations,  for example.   The  same market-forces                                                               
expectations aren't  there as  for a  contract-carriage pipeline.                                                               
He said:                                                                                                                        
                                                                                                                                
     I think there's concern, and  you've heard some of that                                                                    
     concern  by explorers.    We  have an  RIK  bid from  a                                                                    
     producer:  Chevron, [which] has  over 2 [trillion cubic                                                                    
     feet] of gas  on the Slope, has the  same concerns. ...                                                                    
     We  have folks  like  Williams that  are bidding  that,                                                                    
     again, are  transporters, marketers; they  have concern                                                                    
     about  access.    And  finally,  we  have  local  power                                                                    
     companies and  users concerned.   So one of  the things                                                                    
     the RIK  process brought out  was we had bids  from the                                                                    
     total spectrum - from producers  with known reserves to                                                                    
     explorers to transporter-shippers  and refiners ... and                                                                    
     to the final end-users.                                                                                                    
                                                                                                                                
Number 1047                                                                                                                     
                                                                                                                                
MR. MYERS  noted the enormity of  this issue [of access].   After                                                               
pointing out  the differences  of opinion, he  said, "We  are ...                                                               
very  uncomfortable   that  a  contract-carriage   pipeline  will                                                               
provide that access."  He explained:                                                                                            
                                                                                                                                
     Why  is  that access  important  in  the sense  of  the                                                                    
     state's RIK value ... and  the timing issue?  Well, the                                                                    
     bottom line  is, the  state does  not ship  gas itself.                                                                    
     The state  has historically sold  its gas on  the North                                                                    
     Slope,  expecting whoever  buys it  to deliver  that to                                                                    
     market.  ... They  cannot do  that if  they don't  have                                                                    
     capacity in the pipeline, plain  and simple.  There has                                                                    
     to be  capacity ... for someone  to buy RIK gas  on the                                                                    
     Slope unless they intend to use it on the Slope.                                                                           
                                                                                                                                
Number 1101                                                                                                                     
                                                                                                                                
CHAIR OGAN posed  a scenario in which an entity  that bids on the                                                               
state's RIK  ends up producing  its own  gas and putting  it into                                                               
[the  pipeline], then  substitutes the  RIK gas.   The  producers                                                               
would be  required to  carry the  RIV gas,  he suggested,  and it                                                               
would displace  the throughput.   He said  that seems to  be what                                                               
the difference of opinion is about.   He asked Mr. Myers to offer                                                               
his view  on that.   He also invited  the producers to  come back                                                               
before the committee to comment [at a later date].                                                                              
                                                                                                                                
Number 1183                                                                                                                     
                                                                                                                                
MR. MYERS responded:                                                                                                            
                                                                                                                                
     Under  that scenario,  the  state is  a  winner.   That                                                                    
     means additional  gas has been discovered  and is being                                                                    
     produced on the  North Slope.  So new  gas reserves are                                                                    
     coming online for  the state, with ...  the billions of                                                                    
     dollars of added value that goes  along with it.  So we                                                                    
     are a winner. ...                                                                                                          
                                                                                                                                
     That means there's additional  capacity in the pipeline                                                                    
     system.  ...  That implies, then, that  the pipeline is                                                                    
     operating at a higher production  level and ... is more                                                                    
     efficient.   Producers - I  think the issue  steps back                                                                    
     to a larger  issue of, is a pipeline a  pipeline, or is                                                                    
     a  pipeline an  extension of  the existing  oil fields?                                                                    
     Now,  clearly a  pipeline's supposed  to be  a separate                                                                    
     infrastructure  ...   from  the   oil  fields.     It's                                                                    
     regulated separately;  it's a very different  beast.  I                                                                    
     do  not  see any  of  those  cases where  the  pipeline                                                                    
     itself is disadvantaged in this  case. ... The pipeline                                                                    
     economics are always positive;  in fact, they're better                                                                    
     there, and they're better in this case.                                                                                    
                                                                                                                                
     What  would then  happen, if  the  producers feel  that                                                                    
     they were getting less [throughput]  of their gas, they                                                                    
     would then ask for an  expansion of the capacity of the                                                                    
     pipeline; the pipeline would expand  - the pipeline has                                                                    
     more rates,  has better  economics in  that case.   So,                                                                    
     again,  the  pipeline  wins,   we  win,  the  producers                                                                    
     ultimately win, but  there's a period of  time prior to                                                                    
     that  expansion where  they would  then have  to forego                                                                    
     some of their gas in order to carry RIV gas.  ...                                                                          
                                                                                                                                
     So  basically  we  see,  again,  if  you  look  at  the                                                                    
     analysis by  Alberta Energy,  we see  an effect  on the                                                                    
     producers'  cash  flow.    That  effect  is  relatively                                                                    
     minimal for the value to  the state and to other folks,                                                                    
     and,  again,  we  believe there  are  ways  to  totally                                                                    
     mitigate that loss and damage.                                                                                             
                                                                                                                                
Number 1339                                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE  inquired about the endpoint  where expansion                                                               
ceases and  it becomes uneconomical  and inefficient  to continue                                                               
that  expansion.   Given the  tremendous amount  of potential  up                                                               
there, and given  that the market price of gas  is expected to be                                                               
economic when  this comes online,  he said,  there may be  a huge                                                               
surge that will "go above that endpoint."   He asked:  What do we                                                               
do then?                                                                                                                        
                                                                                                                                
MR. MYERS said that is a very good question.  He answered:                                                                      
                                                                                                                                
     Basically, if  you look at the  design [specifications]                                                                    
     of the proposed pipelines, they  have generally .8 to 1                                                                    
     bcf  of additional  expansion  capacity  planned.   And                                                                    
     that ... expansion capacity depends  on the pressure of                                                                    
     the line  and ... a little  bit on the gas  itself, but                                                                    
     then on the amount of compression. ...                                                                                     
                                                                                                                                
     The economic  part of the  expansion curve  is designed                                                                    
     into the  pipeline in  the early  stages, but  what the                                                                    
     producers are  suggesting is ...  about .8 to 1  bcf of                                                                    
     expansion capacity.   Then it  gets very  expensive and                                                                    
     very inefficient, and you have  to basically double the                                                                    
     pipeline  - create  another parallel  pipeline or  make                                                                    
     large  loops  in  the  pipeline   -  to  get  expansion                                                                    
     capacity beyond  that, when probably  that is  going to                                                                    
     be very  marginally ...  challenged economically  to do                                                                    
     that.                                                                                                                      
                                                                                                                                
     So  approximately 20-25  percent expansion  capacity is                                                                    
     probably going  to be the  limit, [given]  design specs                                                                    
     at this time.  So what do  you do after that?  You wait                                                                    
     in line.   And  if you  don't have  expansion capacity,                                                                    
     nothing happens.   You wait  till there is  capacity in                                                                    
     the line.                                                                                                                  
                                                                                                                                
     Most gas  pipelines are built with  expansion capacity.                                                                    
     In other  words, they're built  at less than  the known                                                                    
     offtake.   So  this is  a very  unusual case,  where we                                                                    
     have the ...  capability to offtake at least  8 bcf and                                                                    
     no  design has  contemplated anywhere  near that  size.                                                                    
     The current  reserve base  is probably  problematic for                                                                    
     that level of offtake as well.                                                                                             
                                                                                                                                
     So  the bottom  line  is, this  is  a unique  situation                                                                    
     where  the   pipeline,  as   you  have   suggested,  is                                                                    
     constrained not  by the ... ability  to deliver supply,                                                                    
     but  by the  size of  the pipe.  ... We  can't do  much                                                                    
     about that;  that's an  engineering-spec problem  and a                                                                    
     cost  differential  that  will  make  expansion  beyond                                                                    
     about 25 percent probably uneconomic.                                                                                      
                                                                                                                                
Number 1470                                                                                                                     
                                                                                                                                
CHAIR  OGAN asked  whether Mr.  Myers  was saying  design is  the                                                               
limiting factor  because "we've  got as  much gas  as we  can put                                                               
down the  line."  If  that is the case,  he asked, how  much does                                                               
the  "offtake  affecting production"  drive  that  decision?   He                                                               
offered his understanding that studies  were planned but not done                                                               
by the AOGCC.  He asked how  much [the division] is looking at it                                                               
as well.                                                                                                                        
                                                                                                                                
CHAIR  OGAN  said he'd  like  to  see some  independent  analysis                                                               
regarding how that affects oil production.   He noted that a warm                                                               
winter  on  the North  Slope  results  in  a drop  in  production                                                               
because  not as  much gas  is being  injected; he  suggested that                                                               
certainly  offtake would  affect  it.   Also in  the  mix is  the                                                               
amount of  gas being produced  in the foothills, for  example; he                                                               
said the  more gas  is produced  in the  foothills, the  less gas                                                               
will  be taken  off the  existing producing  oil fields,  and the                                                               
longer those fields will last.                                                                                                  
                                                                                                                                
Number 1562                                                                                                                     
                                                                                                                                
MR. MYERS responded:                                                                                                            
                                                                                                                                
     First  of all,  there are  ongoing studies  to look  at                                                                    
     offtake  rates.   It's a  little more  complicated that                                                                    
     just  Prudhoe Bay  because  Point  Thomson contains  at                                                                    
     least 8  bcf of gas  reserves as well.   So you  have a                                                                    
     balance  between  two  fields,   and  ...  since  Point                                                                    
     Thomson  will  be  ...  a   green  field,  a  brand-new                                                                    
     production  facility,  there's  a lot  of  latitude  to                                                                    
     design what  that level of  offtake is and what  you do                                                                    
     to optimize the liquids recovery as well.                                                                                  
                                                                                                                                
     Prudhoe  Bay,  the  same   way,  there  are  mitigation                                                                    
     measures  such  as  the  "pressure-support  initiative"                                                                    
     where you  inject water  into the gas  cap.   There are                                                                    
     ways to mitigate the offtake of gas.                                                                                       
                                                                                                                                
     And then  the timing  of initial  sale of  the pipeline                                                                    
     has  great effect.  ... You  see the  rapid decline  in                                                                    
     Prudhoe is  continuing on  the main  reservoir.   So if                                                                    
     the gas  sale is delayed  a few years, the  question is                                                                    
     very different  in terms of  oil loss than if  it comes                                                                    
     on  in, say,  a 2008  timeframe.   2008  versus 2010  -                                                                    
     [they] are different.                                                                                                      
                                                                                                                                
     All  those  are  [mitigable] standards,  and  certainly                                                                    
     everyone has to look at  the economics of ... oil loss,                                                                    
     the conservation  of the  resource involved  with that.                                                                    
     But  there is  a  tremendous amount  of flexibility  in                                                                    
     that process.                                                                                                              
                                                                                                                                
     And, again, if  you think about the  2008 timeframe, an                                                                    
     explorer would  have time in  that timeframe to  go out                                                                    
     there. ... They've  got six years.  They've  got two or                                                                    
     three  years to  delineate additional  gas reserves  as                                                                    
     well to, again,  ... look at other gas  coming ... into                                                                    
     the system.   But,  again, you  can't ...  nominate gas                                                                    
     unless you  have it  because the risk  you take  is ...                                                                    
     substantial. ...                                                                                                           
                                                                                                                                
     I  believe  there's  a   workable  solution.  ...  It's                                                                    
     partially economics,  partially drawn by  the reservoir                                                                    
     engineering.   But it's a [mitigable]  standard because                                                                    
     of the  flexibility to take  ... offtake gas  from both                                                                    
     Prudhoe  and  Point Thomson.    And  it's also  driven,                                                                    
     then,  by market  value of  gas ...  versus incremental                                                                    
     oil recovery.                                                                                                              
                                                                                                                                
Number 1673                                                                                                                     
                                                                                                                                
CHAIR OGAN stated his understanding,  then, that the issue of the                                                               
oil production's not  being as prolific isn't really  a driver in                                                               
the decision of how  much gas is put in the  line or the ultimate                                                               
decision on how big to build it.                                                                                                
                                                                                                                                
MR. MYERS responded that there is a range of values; within the                                                                 
range of values for a probable pipeline, however, there are                                                                     
"solid ways" to mitigate the oil loss.  He added:                                                                               
                                                                                                                                
     Now,  if  you're talking  about  taking  6 bcf  out  of                                                                    
     Prudhoe   Bay,  no,   there's  not;   there  would   be                                                                    
     significant oil loss.   If you're talking  about 2.5 to                                                                    
     3  and the  rest  out  of Point  Thomson,  it's a  much                                                                    
     easier issue to  deal with. ... Within  the sidebars of                                                                    
     the potential sizes  of a pipeline between  4 and, say,                                                                    
     ... 5.5 or  so, those are totally [mitigable].   But if                                                                    
     you get  a very  large number  like 6  and 8,  then the                                                                    
     issue becomes  very acute and  ... there's going  to be                                                                    
     more oil loss.                                                                                                             
                                                                                                                                
Number 1730                                                                                                                     
                                                                                                                                
CHAIR OGAN suggested that gas from the foothills would play some                                                                
role in extending the oil fields.  He asked whether that is a                                                                   
fair assumption.                                                                                                                
                                                                                                                                
MR. MYERS answered:                                                                                                             
                                                                                                                                
     If  you  were  to  produce gas  from  other  resources,                                                                    
     definitely  the oil  loss would  be less.   Ultimately,                                                                    
     there  will be  some  oil  loss.   The  ... longer  you                                                                    
     maintain higher  reservoir pressures in the  field, the                                                                    
     longer you maintain  miscible flood injection, miscible                                                                    
     flood, the more oil you're  going to recover.  But that                                                                    
     ...  window  of oil  you  recover  becomes smaller  and                                                                    
     smaller and smaller as time goes out.                                                                                      
                                                                                                                                
Number 1770                                                                                                                     
                                                                                                                                
BONNIE  ROBSON,  Deputy  Director,   Division  of  Oil  and  Gas,                                                               
referred  to  Chair  Ogan's  mention of  testimony  from  BP  and                                                               
Phillips that the RIK sale may  harm the pipeline project or harm                                                               
them as producers.  She said:                                                                                                   
                                                                                                                                
     I  think both  the  statements of  Mr.  Hurley and  Mr.                                                                    
     Konrad were  to the  effect that "we  do not  object to                                                                    
     all  RIK sales;  we only  object to  those sales  where                                                                    
     some volume of  gas may be ... taken out  of royalty in                                                                    
     kind and put back to  the producers as royalty in value                                                                    
     during the period of time  required as a commitment for                                                                    
     pipeline  capacity."   And  he  gave  an example  where                                                                    
     there could  be a  possible put-back of  .3 bcf  of gas                                                                    
     from an  RIK purchaser  to the  "big three"  during the                                                                    
     period,  say,  a  15-year commitment  for  the  initial                                                                    
     pipeline capacity.                                                                                                         
                                                                                                                                
     There's a couple  of points I think need to  be made in                                                                    
     response.   First of all,  if .3  [bcf is] put  back to                                                                    
     BP,  Exxon,  and Phillips,  they  have  come forth  and                                                                    
     stated  that   this  pipeline   ...  can   be  expanded                                                                    
     relatively easily  and fairly  through an  open process                                                                    
     with FERC.  And if they  have an additional .3 [bcf] at                                                                    
     that time  that they need  to get to market,  then they                                                                    
     can seek  expansion of  the pipeline  at that  point in                                                                    
     time.                                                                                                                      
                                                                                                                                
     And I suggest  to you that it will be  easier for those                                                                    
     who own  the pipeline to  expand the pipeline  than for                                                                    
     those who do not own  the pipeline and have no standing                                                                    
     to compel expansion.                                                                                                       
                                                                                                                                
Number 1863                                                                                                                     
                                                                                                                                
MS. ROBSON continued:                                                                                                           
                                                                                                                                
     The  second point  to keep  in mind  in this  regard is                                                                    
     that  what they  are essentially  saying when  they say                                                                    
     that  they do  not object  to all  RIK sales,  just one                                                                    
     where the duration  of deliveries may be  less than the                                                                    
     pipeline  commitment -  and  I'll use  15  years as  an                                                                    
     example  of  a  pipeline   commitment  -  ...  is,  "We                                                                    
     recognize  that while  the lease  form gives  the state                                                                    
     the right  to switch  between royalty  in value  on six                                                                    
     months' notice,  we, in fact,  want that six  months to                                                                    
     be changed to 15 years."   They are asking for a change                                                                    
     in the  term of the  leases that they execute  with the                                                                    
     state.                                                                                                                     
                                                                                                                                
     And  I think,  in  deciding whether  or  not that's  an                                                                    
     appropriate change to  ratify, you need to  look at the                                                                    
     standards   that  the   statutes   -   in  fact,   this                                                                    
     legislature - have dictated for  providing some form of                                                                    
     royalty relief.                                                                                                            
                                                                                                                                
     Basically, the  leases have two provisions  on royalty.                                                                    
     The  first   imposes  royalty  and  sets   the  rate  -                                                                    
     typically at 12.5 percent.   The second gives the state                                                                    
     the right to take its royalty  in kind or in value, and                                                                    
     to switch on six months' notice.                                                                                           
                                                                                                                                
     Now, you have dictated that  when they want relief from                                                                    
     the imposition  of royalty, from the  12.5 percent rate                                                                    
     -- let's say they want to  go to 10 percent.  What they                                                                    
     must do, to do that, is  to come to bare their soul, to                                                                    
     show their economics, to open  their books, to convince                                                                    
     you  that   royalty  relief  is  needed,   is  in  fact                                                                    
     justified, and will not harm  the state - in fact, will                                                                    
     benefit the state.                                                                                                         
                                                                                                                                
     Here, they  are asking  for a  form of  royalty relief.                                                                    
     They  are  saying, "We  do  not  like the  six-months'-                                                                    
     notice provision in  the lease forms.  We  want that to                                                                    
     read 15 years."                                                                                                            
                                                                                                                                
     I suggest  to you  that it is  appropriate for  them to                                                                    
     come  forth and  to  provide the  numbers, provide  the                                                                    
     economics, to open their books,  to show that it really                                                                    
     does hurt,  and that there  is not an alternative.   We                                                                    
     have, in  fact, asked the  producers to come  forth and                                                                    
     to make that showing, to run us the numbers.                                                                               
                                                                                                                                
     Today is  the first day we  have seen any numbers.   We                                                                    
     will explore  them further.   We  will continue  to ask                                                                    
     the producers.   We will examine  whatever numbers they                                                                    
     provide  ....   We have  attempted to  run the  numbers                                                                    
     ourselves in  the absence of their  information, and we                                                                    
     do  not  reach  the  same  conclusions.    We  see  the                                                                    
     possibility  that  this  could,  in fact,  have  a  net                                                                    
     economic advantage to them, and  certainly to the state                                                                    
     in many arenas.                                                                                                            
                                                                                                                                
     So I think  you need to keep that in  mind, and we need                                                                    
     to ask the  producers the hard questions,  to make them                                                                    
     show  us the  numbers that  would justify  a conclusion                                                                    
     that this sale  could, in fact, harm them  and harm the                                                                    
     project.                                                                                                                   
                                                                                                                                
Number 2019                                                                                                                     
                                                                                                                                
MR. MYERS offered further comments:                                                                                             
                                                                                                                                
     The  other question  is -  and  I think  Representative                                                                    
     Dyson was trying to get at  the issue - are there other                                                                    
     ways to assure  access?  And we have  explored with the                                                                    
     producers, with  ... two of  them, at least  - Phillips                                                                    
     and BP -  on whether or not they'd be  willing to write                                                                    
     up language  that would assure other  folks - including                                                                    
     ourselves  but  including "explorationists"  and  other                                                                    
     people that might  want access to gas -  that ... there                                                                    
     would  be  reasonable   expansion  potential  and  fair                                                                    
     access to that expansion capacity.                                                                                         
                                                                                                                                
     They  have  declined to  provide  that  language.   The                                                                    
     response was a  protest to the RIK sale.   They've also                                                                    
     told us  that -- Phillips  has sent us a  letter saying                                                                    
     the   terms   of   the  RIK   sale   are   commercially                                                                    
     unreasonable,  which is  their term.   Yet  you've seen                                                                    
     the  bids ...  that  support, from  a  wide variety  of                                                                    
     users, from  ... a  producer with  significant reserves                                                                    
     on  the   slope  that  has  concern   about  access  to                                                                    
     explorers that have concern about  access, to, again, a                                                                    
     pipeline  marketing company,  to  an  end-user, all  of                                                                    
     which felt  the need to bid  and did not see  the terms                                                                    
     as commercially unreasonable.                                                                                              
                                                                                                                                
     So, again,  there's ... strong differences  of opinion,                                                                    
     and  I'd commend  you if  you would  explore as  to why                                                                    
     these differences exist.                                                                                                   
                                                                                                                                
Number 2094                                                                                                                     
                                                                                                                                
CHAIR OGAN replied  that he would like to do  that.  He announced                                                               
that he  would recess the  meeting until  Thursday at 10  a.m. in                                                               
order  to continue  the  discussion and  allow  the producers  an                                                               
opportunity to respond.  He  advised members that he would assign                                                               
a subcommittee  at that  time in  order to  facilitate discussion                                                               
and  try  to  resolve  the  differences.   He  agreed  it  is  an                                                               
important  issue  and   expressed  appreciation  for  testifiers'                                                               
participation.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
CHAIR OGAN  recessed the House  Special Committee on Oil  and Gas                                                               
meeting  at 12:17  p.m.,  with  the meeting  to  be continued  on                                                               
Thursday, February 7, at 10 a.m.                                                                                                
                                                                                                                                

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