Legislature(2011 - 2012)BARNES 124

01/21/2011 01:00 PM House RESOURCES


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01:06:06 PM Start
01:06:06 PM Overview(s): Division of Oil & Gas, Division of Geological and Geophysical Surveys, and Alaska Oil & Gas Conservation Commission
02:50:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Dept. of Natural Resources - TELECONFERENCED
Division of Oil & Gas, Alaska Oil & Gas
Conservation Commission
- Division of Geological and Geophysical Surveys
<Above Item Removed from Agenda>
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                        January 21, 2011                                                                                        
                           1:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Co-Chair                                                                                            
Representative Peggy Wilson, Vice Chair                                                                                         
Representative Alan Dick                                                                                                        
Representative Neal Foster                                                                                                      
Representative Cathy Engstrom Munoz                                                                                             
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Eric Feige, Co-Chair                                                                                             
Representative Bob Herron                                                                                                       
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Dan Saddler                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  DIVISION OF OIL & GAS~ DIVISION OF GEOLOGICAL AND                                                                 
GEOPHYSICAL SURVEYS~ AND ALASKA OIL & GAS CONSERVATION                                                                          
COMMISSION                                                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
OVERVIEW(S):  DIVISION OF GEOLOGICAL AND GEOPHYSICAL SURVEYS                                                                    
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KEVIN BANKS, Director                                                                                                           
Division of Oil & Gas                                                                                                           
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:       Provided    an   overview    on   the                                                             
responsibilities of the Division of Oil & Gas.                                                                                  
                                                                                                                                
CATHY FOERSTER, Engineering Commissioner                                                                                        
Alaska Oil & Gas Conservation Commission (AOGCC)                                                                                
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Gave a presentation  on the Alaska Oil & Gas                                                             
Conservation Commission (AOGCC).                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:06:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  PAUL   SEATON  called  the  House   Resources  Standing                                                             
Committee meeting to order at  1:06 p.m.  Representatives Seaton,                                                               
Wilson,  Munoz, Foster,  Gardner, and  Dick were  present at  the                                                               
call to order.  Representative Saddler was also present.                                                                        
                                                                                                                                
^OVERVIEW(S):  Division of Oil  & Gas, Division of Geological and                                                               
Geophysical   Surveys,  and   Alaska  Oil   &  Gas   Conservation                                                               
Commission                                                                                                                      
OVERVIEW(S):  Division of Oil & Gas, Division of Geological and                                                             
     Geophysical Surveys, and Alaska Oil & Gas Conservation                                                                 
                           Commission                                                                                       
                                                                                                                              
1:06:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON announced  that the only order  of business would                                                               
be  overviews from  the  Division  of Oil  &  Gas, Department  of                                                               
Natural  Resources  (DNR),   and  from  the  Alaska   Oil  &  Gas                                                               
Conservation Commission (AOGCC).                                                                                                
                                                                                                                                
1:07:36 PM                                                                                                                    
                                                                                                                                
KEVIN  BANKS, Director,  Division  of Oil  &  Gas, Department  of                                                               
Natural  Resources  (DNR),  before  beginning  his  presentation,                                                               
explained some  distinctions between the division  and the AOGCC.                                                               
He pointed  out that the division  is part the DNR  and serves as                                                               
the landlord  of state  lands, particularly  with respect  to the                                                               
oil  industry and  its leases  held on  state lands.   The  AOGCC                                                               
manages conservation  and the rights  of leaseholders  and owners                                                               
of  oil and  gas throughout  the state;  however, the  division's                                                               
focus is only  on state lands.  In addition,  the AOGCC functions                                                               
in  a  judicial  fashion  to adjudicate  differences  related  to                                                               
ownership,  and  issues  related   to  the  conservation  of  the                                                               
resource.      Although  the   division  is  also  involved  with                                                               
conservation issues, its responsibilities  extend to the economic                                                               
recovery of  oil and gas  resources, to ensuring  that facilities                                                               
minimally impact  the environment during development,  and to the                                                               
cost of the recovery of resources.                                                                                              
                                                                                                                                
1:10:06 PM                                                                                                                    
                                                                                                                                
MR. BANKS  noted that the  division sometimes appears  before the                                                               
AOGCC as  any other landowner, or  oil and gas producer,  to work                                                               
out  differences with  respect  to ownership.    He advised  that                                                               
later  testimony   by  the  AOGCC   would  further   explain  the                                                               
differences between the two agencies.                                                                                           
                                                                                                                                
1:10:32 PM                                                                                                                    
                                                                                                                                
MR. BANKS  then began his  presentation, noting that  during this                                                               
past year the division spent time  on a new strategic plan and on                                                               
framing  a new  mission  statement.   The  process involved  many                                                               
members of  his staff and  he said,  "Our lessees and  the public                                                               
can  be  assured  that  we  are functioning  in  a  way  that  is                                                               
accountable, and  that our  lessees are  developing our  lands to                                                               
the maximum benefit  of all of us here in  Alaska."  He indicated                                                               
that the  division receives its  authority from AS  38.05.180 and                                                               
AS 38.05.035, which authorize the  division to manage oil and gas                                                               
lands and geothermal lands, and,  with other divisions within the                                                               
DNR, to inspect  oil and gas facilities on state  lands and issue                                                               
permits on  land use.  Mr.  Banks then displayed slide  4 titled,                                                               
"Gross Oil  Volume from  State Leases"  which illustrated  if the                                                               
state were  a producer,  it would  be the  fourth largest  in the                                                               
state.    In  fact,  the  state owns  in  the  form  of  royalty,                                                               
approximately  one-eighth  of  the  oil produced,  and  plays  an                                                               
important and  unique role  in the  United States  because nearly                                                               
all of the oil produced in the state is on state land.                                                                          
                                                                                                                                
1:15:19 PM                                                                                                                    
                                                                                                                                
MR. BANKS displayed  slide 5, which was an  organization chart of                                                               
the  division  and which  indicated  functions  of the  division,                                                               
including staff  who evaluate  resources, prepare  and administer                                                               
leases, issue  permits, and manage commercial  agreements and the                                                               
royalty-in-kind program.   Many  members of the  division's staff                                                               
have  years   of  experience  in   the  oil  and   gas  industry.                                                               
Additionally, there  is now a Petroleum  Systems Integrity Office                                                               
(PSIO)  to  determine the  industry's  capability  to safely  and                                                               
prudently develop resources without  accident or loss of revenue.                                                               
Mr. Banks  turned to slide  6 titled, "Achievements in  2010" and                                                               
informed the  committee that a  division-wide strategic  plan was                                                               
developed  in  order  to  create  an  environment  in  which  the                                                               
division  acts   consciously,  not  unconsciously,   when  making                                                               
decisions.   The second  objection of the  strategic plan  was to                                                               
inspire  confidence and  develop work  processes "so  that people                                                               
can  be assured  that the  decisions  that we  make are  properly                                                               
grounded,   fully  documented,   and   will   be  successful   if                                                               
challenged."                                                                                                                    
                                                                                                                                
1:20:28 PM                                                                                                                    
                                                                                                                                
MR. BANKS, in  response to questions, clarified  that PSIO stands                                                               
for  Petroleum Systems  Integrity  Office and  that the  division                                                               
deputy  director is  Kurt  Gibson.   He  offered  to provide  the                                                               
committee  with  the  names  and  phone  numbers  of  his  staff.                                                               
Returning to  achievements in  2010, he  related that  before the                                                               
leasing,  discovery, and  production  of oil,  the division  must                                                               
determine the  potential of the  resource, and that task  is done                                                               
by  resource  evaluation.   The  resource  evaluation team  helps                                                               
determine the value  of leases, the size of units,  and serves as                                                               
a consulting  group for  the division  and for  its clients.   In                                                               
fact, the  team will soon  complete a study, in  conjunction with                                                               
the Alaska  Gasline Development Corp.  (AGDC), on the  Cook Inlet                                                               
gas supply  reserves, and  to analyze  what new  resource reserve                                                               
production will cost.  Slide 9  indicated that the lease staff of                                                               
contract     administrators     includes     biologists     whose                                                               
responsibilities are to document the  best interests of the state                                                               
when  land is  offered  for lease.    In addition,  environmental                                                               
impacts are evaluated, as are  federal and state regulations, and                                                               
competitive lease sales are held once  each year for every one of                                                               
the oil and  gas lease sale areas.  For  example, lease sales are                                                               
held in October for land on the  North Slope, and in May for Cook                                                               
Inlet land.                                                                                                                     
                                                                                                                                
1:25:18 PM                                                                                                                    
                                                                                                                                
MR.  BANKS explained  that after  oil and  gas is  found and  the                                                               
leases  are sold,  the unit  administration staff  delineates the                                                               
oil fields.  To do this  the leases that overlie a potential pool                                                               
of oil are combined in a unit,  so each of the lessees within the                                                               
unit will share  in the costs of development,  and so correlative                                                               
rights   are   protected.      Forming   units   also   minimizes                                                               
environmental  impacts  by  ensuring  development  occurs  in  an                                                               
orderly way.  He described  unit administration as where "some of                                                               
our most  sophisticated relationship with the  industry occurs at                                                               
this point,  because it involves so  much of our division  in the                                                               
engagement.   We have the  resource and geoscientists  working on                                                               
this,  our  land  people,  with their  law  background,  and  the                                                               
commercial folks are usually engaged  in creating these decisions                                                               
...."    Referring to  the  royalty  accounting function  of  the                                                               
division,  Mr.  Banks  noted that  the  division  collected  $2.2                                                               
million in 2010, and approximately  one-half of that was credited                                                               
to the Alaska Permanent Fund  Corporation (APFC).  He pointed out                                                               
that the  sale of oil  to the  Flint Hills Resources  refinery is                                                               
the largest source of income.                                                                                                   
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  asked for  clarification on  the legal                                                               
requirement that directs 25 percent of oil revenue to the APFC.                                                                 
                                                                                                                                
1:28:34 PM                                                                                                                    
                                                                                                                                
MR.  BANKS   expressed  his   understanding  that   the  original                                                               
constitutional  amendment  that  created the  APFC  has  changed;                                                               
however,  50  percent  of  all royalty,  bonus  bids,  and  rents                                                               
associated with  resource development  goes to  the APFC  by law.                                                               
Addressing  the  audit  function   of  the  division,  Mr.  Banks                                                               
acknowledged there is often disagreement  on the value of oil; as                                                               
a matter of fact, in 1977,  the state initiated litigation on the                                                               
value  of its  oil  that  was not  settled  for  about 16  years.                                                               
Through  this  litigation,  the  question of  the  value  of  the                                                               
production of North Slope oil  was resolved in royalty settlement                                                               
agreements that defined  a way to calculate the  royalty value of                                                               
the oil.   The audit  staff ensures  that royalty revenue  to the                                                               
state is correct.                                                                                                               
                                                                                                                                
1:31:01 PM                                                                                                                    
                                                                                                                                
MR. BANKS  informed the committee  that economists  and petroleum                                                               
commercial  analysts  on the  commercial  staff  in his  division                                                               
determine  the "market  value" of  leases at  the time  the state                                                               
exercises  its  periodic  opportunities  to  renegotiate  royalty                                                               
settlement  agreements.    It is  important  to  research  future                                                               
production cost figures,  and he noted that  the commercial staff                                                               
is also  called upon to  work on  gas line issues  in cooperation                                                               
with the Department of Revenue  (DOR).  Returning to the function                                                               
of  the  PSIO,  he  explained  that about  three  years  ago  the                                                               
legislature  funded a  project called  the "gap  analysis," which                                                               
the  PSIO has  presented to  the governor's  resource subcabinet.                                                               
The  PSIO was  an outgrowth  of the  failure of  the oil  transit                                                               
lines in Prudhoe Bay in March and  August of 2006.  At that time,                                                               
the state  was informed by  the industry that  corrosion problems                                                               
in the  Prudhoe Bay area  existed to  an unknown extent  and were                                                               
more widespread  than expected.  The  first task of the  PSIO was                                                               
to  conduct an  analysis to  determine gaps  in the  departmental                                                               
jurisdictions and oversight of  the industry's infrastructure, in                                                               
addition to possible overlaps of jurisdiction and oversight.                                                                    
                                                                                                                                
1:34:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON asked for the PSIO's findings.                                                                         
                                                                                                                                
1:34:31 PM                                                                                                                    
                                                                                                                                
MR.  BANKS  responded  that  the   gap  analysis  is  incomplete;                                                               
however,  the industry  has provided  some information  regarding                                                               
the root  causes of burst  gas lines, the industry's  response to                                                               
these events,  and their inspection  programs.  The  division was                                                               
able to  respond to  inquiries from  the U.S.  Congress regarding                                                               
the 2006 spill.  He expressed  his hope that within the next year                                                               
final  answers will  be available  from the  industry as  to what                                                               
types  of integrity  management,  safety  oversight, and  quality                                                               
assurance  programs  are  being  put  in  place,  and  are  being                                                               
followed, by the oil companies.                                                                                                 
                                                                                                                                
1:36:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  opined  that  the  integrity  of  the                                                               
infrastructure of  the pipeline is  hard to determine,  given the                                                               
age of the system.                                                                                                              
                                                                                                                                
1:36:55 PM                                                                                                                    
                                                                                                                                
MR. BANKS  agreed and said, "I  think we have a  Mercedes Benz on                                                               
the North Slope, but it's an old one."                                                                                          
                                                                                                                                
1:37:15 PM                                                                                                                    
                                                                                                                                
MR.  BANKS  advised members  that  further  information from  the                                                               
division was provided in the committee packet.                                                                                  
                                                                                                                                
1:38:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  asked   whether  the  division's  analysis                                                               
agrees with the  oil industry's projection of a  sharp decline in                                                               
oil production after 2018.                                                                                                      
                                                                                                                                
1:39:06 PM                                                                                                                    
                                                                                                                                
MR. BANKS related  that DOR's forecast for the next  few years is                                                               
a slight uptick next year and  then a 5-6 percent decline through                                                               
2020.  This forecast assumes  certain activities will occur, such                                                               
as pending development projects.                                                                                                
                                                                                                                                
1:40:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  asked for the  projects noted in  the division's                                                               
report that have plans of development.                                                                                          
                                                                                                                                
1:41:09 PM                                                                                                                    
                                                                                                                                
MR. BANKS explained that a plan  of development is usually a list                                                               
of activities proposed  for the next year for  a particular unit.                                                               
For the Colville  River Unit, of which  the ConocoPhillips Alaska                                                               
CD-5  Satellite Construction  &  Development Program  (CD5) is  a                                                               
part, the plan  of development may include  information about how                                                               
many wells will  be drilled, data evaluation,  or whether surface                                                               
facilities  are under  consideration;  however, since  a plan  of                                                               
development is a  plan, some of the suggested  activities may not                                                               
get done.   Usually  the state uses  the plan as  a guide  to the                                                               
direction of  development within  a unit.   He stressed  that the                                                               
lessees do  not often provide  the division with any  forecast of                                                               
production that  might occur as  a consequence of  implementing a                                                               
plan.  The  division receives data, not  interpretative data, and                                                               
a company's interpretation of potential  is not often shared with                                                               
the  division, subsequently  the division  does not  often assign                                                               
potential to a plan of development.                                                                                             
                                                                                                                                
1:43:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON asked for the source of production forecasts.                                                                   
                                                                                                                                
1:43:46 PM                                                                                                                    
                                                                                                                                
MR. BANKS  expressed his  belief that a  company is  obligated by                                                               
law  to reveal  potential new  reserves and  new production,  and                                                               
these are often reported by the  press, but the division does not                                                               
typically rely on press communications  for its work.  Discussion                                                               
about the resource and reserves  in a plan of development remains                                                               
confidential   between   the    producers   and   the   division.                                                               
Furthermore, this  information is more  likely to be raw  data or                                                               
whether  the  company  is  meeting the  criteria  for  a  prudent                                                               
activity, rather than a forecast  of production.  The application                                                               
also holds  information from an  applicant on a proposed  plan of                                                               
development, but considerable information remains confidential.                                                                 
                                                                                                                                
1:45:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  referred to slide 18  titled "Fiscal Year                                                               
Oil  and Gas  Revenue on  State Lands."   She  asked whether  the                                                               
indicators for settlement income include  income as a result of a                                                               
tariff dispute.                                                                                                                 
                                                                                                                                
1:46:03 PM                                                                                                                    
                                                                                                                                
MR. BANKS said yes, and clarified  that the graph only applies to                                                               
royalty revenue,  not tax revenue.   The oil and  gas settlements                                                               
in  the early  90's were  cash payments  made to  the state  as a                                                               
result  of  resolving  the  Alaska   North  Slope  (ANS)  royalty                                                               
litigation  initiated   in  1977.    Occasionally   there  is  an                                                               
adjustment  related to  a change  in the  calculation of  royalty                                                               
value, or in the Trans-Alaska Pipeline System (TAPS) tariffs.                                                                   
                                                                                                                                
1:46:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER has heard  from independent producers that                                                               
the difficulty  of gaining access  to an existing facility  is an                                                               
impediment to  developing and  shipping oil and  gas.   She asked                                                               
how  the  legislature  can  assist  so  that  new  explorers  and                                                               
independents  can be  confident of  being able  to produce  their                                                               
finds.                                                                                                                          
                                                                                                                                
1:47:22 PM                                                                                                                    
                                                                                                                                
MR. BANKS responded  that in unitization the  division is usually                                                               
dealing with  one set of  owners that  participate as a  unit and                                                               
agree to build a single facility;  in fact, the division wants to                                                               
limit the  number of facilities  associated with a  single field.                                                               
The question  of access to a  unit when someone outside  the unit                                                               
has made  a discovery leaves  the new explorer with  two choices:                                                               
building  new  facilities  or sharing  existing  facilities  that                                                               
belong to someone  else.  For example, for the  Oooguruk field, a                                                               
sharing agreement was  reached with Pioneer Oil  Company Inc., so                                                               
that oil,  gas, and water  are moved  from the Oooguruk  field to                                                               
the Kuparuk  River Unit  for a fee.   On the  other hand,  at the                                                               
Nikaitchug Unit, new facilities were  built.  These decisions are                                                               
made by  the companies based  on cost.   Although this is  a huge                                                               
challenge,  Mr. Banks  advised that  the division  is working  on                                                               
issuing  permits that  are  conditioned on  the  use of  existing                                                               
facilities, such as an ice road.                                                                                                
                                                                                                                                
1:50:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked whether  there  are  any areas  of                                                               
operation within  the division that the  legislature could change                                                               
to improve Alaska's competitiveness in the oil and gas industry.                                                                
                                                                                                                                
1:51:24 PM                                                                                                                    
                                                                                                                                
MR. BANKS noted  that part of the strategic  planning underway at                                                               
the  division  is  "looking  at ways  of  doing  things  smarter,                                                               
faster, better."   In fact, his  staff is working at  making what                                                               
it has  better.  At the  completion of the executive  process, he                                                               
anticipates  coming to  the legislature  with  several ideas  for                                                               
solving problems.                                                                                                               
                                                                                                                                
1:52:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  urged Mr.  Banks to come  to the  committee with                                                               
proposed  statutory  or policy  changes.    He then  asked  which                                                               
proposed  wells  have  not  progressed  for  reasons  other  than                                                               
financial  or economic  considerations; but  because of  problems                                                               
with  state or  federal  permitting,  environmental lawsuits,  or                                                               
regulatory hurdles.   For example,  CD5 is  on hold because  of a                                                               
bridge.                                                                                                                         
                                                                                                                                
1:54:45 PM                                                                                                                    
                                                                                                                                
MR.  BANKS  opined there  is  not  an  inventory of  such  wells.                                                               
Moreover, this  is a  difficult question  to answer  because some                                                               
wells are not drilled due to access and technical challenges.                                                                   
                                                                                                                                
1:55:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   SEATON  clarified   that   he  was   not  asking   for                                                               
confidential information,  but more information on  the obstacles                                                               
to  drilling that  have been  reported in  the press.   He  asked                                                               
again about a list, compiled by  the state, of wells that are not                                                               
being drilled "for reasons other than economic."                                                                                
                                                                                                                                
1:56:43 PM                                                                                                                    
                                                                                                                                
MR. BANKS  said there is  no such list in  the Division of  Oil &                                                               
Gas.   The  division  drafts  activity maps  every  four to  five                                                               
months  as things  change, and  notes press  articles and  permit                                                               
applications, but  does not  keep an  inventory of  projects that                                                               
have failed.  He offered to assemble such a list.                                                                               
                                                                                                                                
1:58:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  said this  information  would  be helpful  when                                                               
conflicting  testimony  is  heard  by the  committee.    He  then                                                               
referred to the  DOR's "Oil and Gas Production  Tax Status Report                                                               
to the  Legislature," dated January  18, 2011, and  asked whether                                                               
the  division  has  conflicts  with the  data  presented  in  the                                                               
report.                                                                                                                         
                                                                                                                                
1:59:18 PM                                                                                                                    
                                                                                                                                
MR. BANKS  responded he has not  reviewed that report.   He added                                                               
that  because  of  the  information-sharing  now  permitted  with                                                               
respect to  taxes, the DOR  is party  to discussions of  plans of                                                               
development.  The DNR does  not normally receive information with                                                               
respect to costs, and the  DOR's interest in plans of development                                                               
is driven by the need to predict tax credits.                                                                                   
                                                                                                                                
2:02:01 PM                                                                                                                    
                                                                                                                                
CATHY  FOERSTER,  Engineering  Commissioner,  Alaska  Oil  &  Gas                                                               
Conservation  Commission  (AOGCC), Department  of  Administration                                                               
(DOA), informed the  committee she is presenting  today on behalf                                                               
of Alaska Oil & Gas  Conservation Commission (AOGCC) chair Daniel                                                               
Seamount  Jr., who  is ill.    Ms. Foerster  said the  commission                                                               
staff  is comprised  of the  following: three  commissioners -  a                                                               
petroleum engineer,  a petroleum  geologist, and a  public member                                                               
with relevant  oil and gas experience;  five petroleum engineers;                                                               
two petroleum  geologists; six  field inspectors;  support staff.                                                               
The  AOGCC  mission  is to  prevent  hydrocarbon  waste,  protect                                                               
correlative   rights,   promote  greater   ultimate   hydrocarbon                                                               
recovery, protect  underground fresh water from  damage caused by                                                               
oil and  gas operations,  and protect human  safety in  the areas                                                               
for which it  has jurisdiction.  She noted that  the roles of the                                                               
commission  and  of  the  division are  very  different,  as  the                                                               
division acts as the landlord  of state lands, and the commission                                                               
is concerned with oil and gas practices throughout the state.                                                                   
                                                                                                                                
2:05:51 PM                                                                                                                    
                                                                                                                                
MS.  FOERSTER continued  to explain  that  AOGCC jurisdiction  is                                                               
over  oil  and  gas  resource  development,  geothermal  resource                                                               
development,  underground storage  of natural  gas, and  metering                                                               
accuracy for custody transfer.   She added that the commission is                                                               
involved in  metering accuracy only  when oil or gas  is changing                                                               
ownership.   Typical AOGCC  operations approvals  apply to:   the                                                               
drilling of  oil, gas, and  geothermal and service  wells; sundry                                                               
wellwork on  existing wells;  underground injection  for enhanced                                                               
oil  recovery,  disposal  of  oilfield  waste,  or  gas  storage;                                                               
conservation orders  that are specific to  a field; miscellaneous                                                               
other approvals.  Ms. Foerster  called attention to the report in                                                               
members'  committee  packets  titled,  "The Alaska  Oil  and  Gas                                                               
Conservation  Commission, January  21, 2011  Testimony."   Page 9                                                               
titled,  "Exploratory  Well  Permits  (1996-2010)"  was  a  chart                                                               
indicating the number of operators  drilling, and she pointed out                                                               
that in the  earlier years exploratory drilling  was dominated by                                                               
ConocoPhillips Alaska and BP.   Looking at later years, many more                                                               
companies are listed, which is good news.                                                                                       
                                                                                                                                
2:09:20 PM                                                                                                                    
                                                                                                                                
MS.  FOERSTER turned  attention to  page 10  titled, "Development                                                               
and  Service Wells/Laterals  (1996-2009)"  and  noted this  chart                                                               
contains similar  information related to development  and service                                                               
wells.   As  Kuparuk  and  Prudhoe Bay  are  the biggest  fields,                                                               
ConocoPhillips Alaska and  BP continue to dominate.   Page 11 was                                                               
a chart  titled, "Alaska  Oil & Gas  Activity" and  indicated the                                                               
number  of  permits to  drill  approved  by the  commission,  the                                                               
number of  reservoirs in the  state, the number of  active wells,                                                               
and "what  has triggered some of  the bumps that have  come along                                                               
the way."                                                                                                                       
                                                                                                                                
2:10:39 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER,  in response to  a question, explained that  on the                                                               
chart the  yellow arrows at  Cook Inlet, at  Prudhoe Bay/Kuparuk,                                                               
and  at Exploration  and Satellite  Developments, point  out "the                                                               
bumps."    In further  response,  she  explained the  purple  bar                                                               
represents the number  of permits to drill issued  that year, the                                                               
hot pink bar  represents the number of reservoirs,  and the green                                                               
bar represents  the number  of active wells.   Ms.  Foerster then                                                               
addressed hot  topics before  the commission  and noted  that the                                                               
commission's  role  in  North  Slope gas  sales  relates  to  its                                                               
mission to prevent hydrocarbon waste  and ensure greater ultimate                                                               
recovery of  hydrocarbons during the  production of oil  and gas.                                                               
Whenever  gas  is  taken  from  an oil  reservoir  that  has  not                                                               
finished producing its  oil, there is the risk of  losing the oil                                                               
that was not  yet produced.  The commission has  finished a study                                                               
of the impacts of natural gas  sales on Prudhoe Bay oil recovery,                                                               
and  is engaged  in  a  similar study  of  Point  Thomson.   Both                                                               
studies  will  be  used  to  determine  what  kind  of  "off-take                                                               
allowables," -  the amount of  gas that  can be produced  per day                                                               
without the  need to re-inject -  that will be allotted  to those                                                               
fields.   The commission anticipated  the need for  these studies                                                               
prior to receiving a request.                                                                                                   
                                                                                                                                
2:14:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  asked whether the  studies are available  to the                                                               
public.                                                                                                                         
                                                                                                                                
2:14:38 PM                                                                                                                    
                                                                                                                                
MS.  FOERSTER  advised  that  only   the  Prudhoe  Bay  study  is                                                               
completed  and a  summary is  available to  the public;  however,                                                               
AOGCC signed  a confidentiality agreement with  the operators for                                                               
both  studies.   In response  to  Co-Chair Seaton,  she said  she                                                               
would ensure that the summary  is available on the AOGCC website,                                                               
and would provide committee members with a copy.                                                                                
                                                                                                                                
2:15:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON requested an  explanation of the risk to                                                               
an oil reservoir created by removing the gas.                                                                                   
                                                                                                                                
2:16:03 PM                                                                                                                    
                                                                                                                                
MS.  FOERSTER  explained  that  the   gas  in  an  oil  reservoir                                                               
maintains the reservoir pressure that  pushes the oil through the                                                               
pipes  and  to the  surface.    Thus,  as  gas is  produced,  the                                                               
pressure is depleted  and eventually the oil will  no longer come                                                               
up out of the  ground.  In addition, the gas  is used as enhanced                                                               
oil recovery  fluid and  is re-injected into  the oil  portion of                                                               
the reservoir to  maintain pressure.  Also, some of  the gas from                                                               
Prudhoe  Bay is  exported to  other fields  to enhance  recovery,                                                               
maintain pressure,  and increase production, so  gas from Prudhoe                                                               
Bay is being used  elsewhere on the North Slope.   In the case of                                                               
Point Thomson,  the bulk  of the reservoir  is a  gas condensate,                                                               
and  in the  reservoir everything  acts as  a dense-phase  fluid;                                                               
therefore, the  fluid is  not really  gas or  oil because  of the                                                               
temperature and  pressure.  At production,  however, the pressure                                                               
drops and condensate "falls out"  which will produce both gas and                                                               
liquid in  the first wells.   Furthermore, as the  pressure drops                                                               
in the reservoir  and the liquids fall out, the  liquids stick to                                                               
the walls of  rock and to sand grains,  and become unrecoverable.                                                               
This will happen near the  wellbore, and will diminish the amount                                                               
of gas  produced.   Ms. Foerster  concluded that  producing Point                                                               
Thomson as  a gas  reservoir initially  is problematic,  not only                                                               
due  to  the loss  of  reserves,  but also  due  to  the loss  of                                                               
productivity.  A further explanation  of these phenomena is found                                                               
on AOGCC's website.                                                                                                             
                                                                                                                                
2:20:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON asked whether the  measurement of hydrocarbons is                                                               
by British thermal units (BTUs) or by dollars.                                                                                  
                                                                                                                                
2:21:06 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER answered that the  commission does not base anything                                                               
on finances, but on volume  and physics, and therefore uses BTUs.                                                               
Ms. Foerster restated  AOGCC's role in gas storage:   ensure that                                                               
no hydrocarbon  is wasted, by  making sure that the  injected gas                                                               
can be  recovered, and ensure  safe operations.  There  are seven                                                               
storage injection orders  in Cook Inlet; three  at Swanson River,                                                               
Pretty Creek, Kenai  Gas Field, Nicolai Creek,  and Cannery Loop.                                                               
In addition, seven  to eight billion cubic feet (BCF)  of gas per                                                               
day is  re-injected into the  Prudhoe Bay reservoir  for storage.                                                               
Getting the most attention right now  is the request to store gas                                                               
by Cook Inlet Natural Gas  Storage, Alaska (CINGSA) and a storage                                                               
injection order has been issued,  although there is a request for                                                               
reconsideration  of the  order and  therefore  details cannot  be                                                               
discussed.                                                                                                                      
                                                                                                                                
2:23:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether the  gas that has  been re-                                                               
injected in Prudhoe Bay is ultimately recoverable.                                                                              
                                                                                                                                
MS.  FOERSTER   said  yes,  it   will  be.    Returning   to  her                                                               
presentation,  she informed  the  committee that  there has  been                                                               
recent   non-traditional   drilling   that  falls   under   AOGCC                                                               
jurisdiction.   Although  there is  no current  coal bed  methane                                                               
activity there  has been activity  in geothermal drilling  and as                                                               
of July  2010, jurisdiction over geothermal  transferred from the                                                               
DNR  to the  commission.   Recent  geothermal  activity has  been                                                               
conducted by  Naknek Electric Association (NEA),  by Ormat Nevada                                                               
at Mount  Spurr, and  in the  Akutan area,  although there  is no                                                               
activity  at the  present.   Ms. Foerster  noted that  geothermal                                                               
activity not for commercial use is outside AOGCC authority.                                                                     
                                                                                                                                
2:25:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON surmised  ground source heat pumps  or ocean heat                                                               
pumps do not fall under AOGCC jurisdiction.                                                                                     
                                                                                                                                
MS. FOERSTER said she believed that is correct.                                                                                 
                                                                                                                                
2:25:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FOSTER   asked   which  department   does   have                                                               
jurisdiction over this  type of geothermal.   Committee staff was                                                               
directed to ascertain the answer to that question.                                                                              
                                                                                                                                
2:26:30 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER then  explained that in the case of  the drilling of                                                               
a  well that  is not  under AOGCC  jurisdiction, AS  31.05.027(g)                                                               
provides that  if the commission  finds sufficient  likelihood of                                                               
an  unexpected   encounter  of  oil,  gas,   or  other  hazardous                                                               
substance, the commission  may designate the area  subject to its                                                               
regulations.   For example,  the Naknek well  was drilled  on the                                                               
edge of an oil and gas basin  and there was no scientific data to                                                               
assure the commission that oil  and gas would not be encountered.                                                               
Thus  the commission  asserted  jurisdiction  over this  project,                                                               
prior to  the transfer of  geothermal authority in 2010,  to make                                                               
sure that  appropriate safeguards were  used.  The  authority was                                                               
used again  over CIRI's Cook Inlet  underground coal gasification                                                               
(UCG) project.  CIRI successfully  drilled four wells without the                                                               
use  of blowout  prevention  equipment; however,  the fifth  well                                                               
required  the  use  of  blowout   prevention  equipment  and  was                                                               
abandoned.   She  said,  "People  don't like  it  when we  assert                                                               
jurisdiction,  but we  do it  for a  reason, and  the underground                                                               
coal gasification is  an example of where it's a  darn good thing                                                               
that we  did."  Turning to  the subject of the  Deepwater Horizon                                                               
drilling  rig  explosion in  the  Gulf  of Mexico,  Ms.  Foerster                                                               
recalled  that  the  AOGCC  received  many  inquiries  about  its                                                               
policies from state, national,  and international agencies during                                                               
that  time.   The AOGCC  is reviewing  the findings  from various                                                               
studies of that  incident to see whether anything  applies to its                                                               
operations  in Alaska.   Based  on information  from the  Gulf of                                                               
Mexico blowout  and spill, the  AOGCC began an effort  to recruit                                                               
additional  field  inspectors  and  a petroleum  engineer.    The                                                               
commission  is also  reviewing its  regulations  and statutes  to                                                               
ensure that there are  no gaps.  A docket has been  set to hold a                                                               
public hearing on this review,  which may result in amendments to                                                               
regulations and statutes.                                                                                                       
                                                                                                                                
2:32:10 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER  advised that BP's  Liberty project has some  of the                                                               
same characteristics as  the operations in the Gulf  of Mexico in                                                               
that  it  is  an  ultra-deep  well and  is  also  a  very  highly                                                               
extended-reach  operation.    Therefore, AOGCC  will  apply  more                                                               
stringent  oversight of  this well.   Regarding  suspended wells,                                                               
the  AOGCC   clarified  its  language   to  require   a  physical                                                               
inspection at the  time of status reports.  The  vast majority of                                                               
suspended  wells  is  on  active  wells  and  platforms,  and  is                                                               
therefore  not a  problem.    However, 100  legacy  wells in  the                                                               
National Petroleum Reserve, Alaska (NPR-A)  are on Bureau of Land                                                               
Management (BLM) managed land and  are not in compliance with BLM                                                               
or AOGCC regulations.   She observed with dismay that  it is very                                                               
difficult for the state to exert authority over federal lands.                                                                  
                                                                                                                                
2:34:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON asked  whether the abandoned wells  in Cook Inlet                                                               
are in compliance.                                                                                                              
                                                                                                                                
MS. FOERSTER explained  that if a well has  been properly plugged                                                               
and  abandoned  according  to regulations  it  does  not  require                                                               
monitoring and  is 100  percent safe.   In further  response, she                                                               
assured the  committee that she  has looked at every  single well                                                               
in the  state that has  not been properly plugged  and abandoned,                                                               
and there are none in Cook Inlet that come to her mind.                                                                         
                                                                                                                                
2:36:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER  asked for the  depth of the  Liberty well,                                                               
in  comparison to  wells  in  the Gulf  of  Mexico,  and for  the                                                               
general depth of a shallow well.                                                                                                
                                                                                                                                
2:37:03 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER  said the problem  with the  Liberty well is  not so                                                               
much  its depth  as  that  it requires  eight  or  more miles  of                                                               
horizontal  reach.    In  fact,  one of  the  problems  with  the                                                               
Deepwater Horizon in the Gulf of  Mexico was not the depth of the                                                               
well  itself, but  the depth  of the  water -  it was  located in                                                               
5,000  feet of  water  - and  the blowout  preventer  was on  the                                                               
seafloor.    In  the  case  of  the  Liberty  well,  the  blowout                                                               
preventer will be  on Endicott Island; however,  the projects are                                                               
similar in the horizontal distance they have to drill.                                                                          
                                                                                                                                
2:38:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  observed that some of  the fracking technologies                                                               
that have  allowed shale gas  production have been  developed and                                                               
used in Alaska.   He asked whether that technology  is being used                                                               
in lateral drilling  operations on the North Slope,  and if AOGCC                                                               
has regulations or monitoring pertaining to fracking.                                                                           
                                                                                                                                
2:39:15 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER said the short answer  is yes, but there is a longer                                                               
answer.  Hydraulic fracturing is  a technology that has been used                                                               
extensively for  75 years safely;  the key  is to drill  the well                                                               
properly,  case  and  cement  it  properly,  and  establish  good                                                               
mechanical  integrity so  when the  hydraulic frack  is done  the                                                               
fluids  stay  within  the  zone  in  which  they  were  injected.                                                               
Furthermore, if  the fluids are  transported safely going  in and                                                               
coming  out of  the well,  hydraulic  fracturing is  a very  safe                                                               
operation.   When it is not  done properly, "that's when  you get                                                               
into  trouble."   She cautioned  that  some of  the reporting  on                                                               
shale  development  is  more  political   than  factual.    Shale                                                               
deposits are  very wet, and when  water and gas are  together and                                                               
the  water  is  not  saline,  a farmer  may  use  the  water  for                                                               
drinking.   If there  is gas  in the water  and it  catches fire,                                                               
that  is  because  of  nature,  not  improper  fracturing.    She                                                               
stressed  that  investigators  must  look at  the  details  of  a                                                               
fractured  well  incident  to  determine   the  cause;  it  is  a                                                               
complicated  issue, but  there has  never  been a  scientifically                                                               
proven  problem   with  groundwater  associated   with  hydraulic                                                               
fracturing.                                                                                                                     
                                                                                                                                
2:42:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON asked,  "We don't  have any  of that  problem up                                                               
here, is that correct?"                                                                                                         
                                                                                                                                
2:42:59 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER said, "No, we do not."                                                                                             
                                                                                                                                
2:43:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  questioned whether AOGCC  has data on  the Shell                                                               
Offshore  Inc.  (Shell),  platform drilling  operation  regarding                                                               
depth, pressure,  and blowout preventers, that  would reveal what                                                               
kind of field Shell is exploring.                                                                                               
                                                                                                                                
2:44:29 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER acknowledged that there  can always be surprises, so                                                               
the  equipment  must  be  adequate to  address  surprises.    She                                                               
assured   the  committee   that  the   Bureau  of   Ocean  Energy                                                               
Management,  Regulation and  Enforcement  (BOEM),  which will  be                                                               
regulating  Shell's  development,  will require  a  large  safety                                                               
factor for  blowout prevention equipment  and for  "tubulars"; in                                                               
fact, AOGCC  geologic data indicates  that the  Shell development                                                               
is expected  to be in  a normally pressured reservoir.   Adequate                                                               
safety factors will  ensure that Shell will be able  to cope with                                                               
abnormal pressures.                                                                                                             
                                                                                                                                
2:45:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  asked  whether  AOGCC  has  influence  on  BOEM                                                               
regarding well operations and design.                                                                                           
                                                                                                                                
2:46:06 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER  stated that  AOGCC has  no jurisdiction  in federal                                                               
waters, but  will keep  abreast of the  operation because  of the                                                               
commission's strong interest thereof.                                                                                           
                                                                                                                                
2:46:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON recalled a gas  blowout in Cook Inlet that burned                                                               
for  13 months  and asked  whether there  are concerns  about the                                                               
ability to drill  a relief well like what was  needed in the Gulf                                                               
of Mexico.                                                                                                                      
                                                                                                                                
2:47:35 PM                                                                                                                    
                                                                                                                                
MS. FOERSTER  confirmed that AOGCC  is concerned with  this issue                                                               
and  relief  wells will  be  addressed  at the  scheduled  public                                                               
hearing this  spring along with  all of the  offshore regulations                                                               
and  requirements.   The commission  must  determine whether  two                                                               
jack-up rigs  are needed in  the inlet in  order to allow  one to                                                               
drill.                                                                                                                          
                                                                                                                                
2:48:15 PM                                                                                                                    
                                                                                                                                
MS.  FOERSTER,  in  response   to  Representative  Peggy  Wilson,                                                               
indicated that CINGSA stands for  Cook Inlet Natural Gas Storage,                                                               
Alaska.                                                                                                                         
                                                                                                                                
2:48:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON expressed  his  understanding that  CINGSA is  a                                                               
wholly-owned subsidiary,  perhaps of ENSTAR Natural  Gas Company,                                                               
and functions as a third party storage facility.                                                                                
                                                                                                                                
MS. FOERSTER concurred.                                                                                                         
                                                                                                                                
2:49:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON asked Mr. Banks whether there has been                                                                 
no oil and gas revenue on state land since 2002 because there                                                                   
have been no legal settlements.                                                                                                 
                                                                                                                                
2:50:12 PM                                                                                                                    
                                                                                                                                
MR. BANKS said correct, and restated that the revenue shown on                                                                  
slide 18 of his presentation are royalty revenues, not tax                                                                      
revenues.                                                                                                                       
                                                                                                                                
2:50:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON thanked the presenters.                                                                                         
                                                                                                                                
2:50:38 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 2:50 p.m.                                                                 

Document Name Date/Time Subjects
testimony for House Resources.ppt HRES 1/21/2011 1:00:00 PM
HRES DOG presentation 1-21-11 KRB.pdf HRES 1/21/2011 1:00:00 PM