Legislature(2007 - 2008)SENATE FINANCE 532

02/01/2008 09:00 AM Senate FINANCE


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09:14:15 AM Start
09:14:58 AM SUMMARY
10:30:54 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 242 OIL & GAS PRODUCTION TAX DATES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SENATE FINANCE COMMITTEE                                                                                      
                      February 1, 2008                                                                                          
                         9:14 a.m.                                                                                              
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee meeting                                                                    
to order at 9:14:15 AM.                                                                                                       
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
Senator Fred Dyson                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Charlie Huggins, Vice-Chair                                                                                             
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Pat  Galvin,   Commissioner,   Department  of  Revenue;   Dan                                                                   
Dickinson, Consultant,  Tax Division, Department  of Revenue;                                                                   
Steve Porter, Legislative Consultant,  Legislative Budget and                                                                   
Audit Committee, Legislative Affairs Agency                                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
None                                                                                                                            
                                                                                                                                
#SUMMARY                                                                                                                      
                                                                                                                                
SB 242    "An Act relating to lease expenditures that may be                                                                    
          deducted for purposes  of the production tax on oil                                                                   
          and gas;  relating to the retroactivity  provisions                                                                   
          of  changes to the  production tax  on oil  and gas                                                                   
          enacted in ch. 1, SSSLA  2007; and providing for an                                                                   
          effective date."                                                                                                      
                                                                                                                                
          SB 242 was HEARD and HELD in Committee for further                                                                    
          consideration.                                                                                                        
                                                                                                                                
9:14:58 AM                                                                                                                    
                                                                                                                                
SENATE BILL NO. 242                                                                                                           
                                                                                                                                
     "An  Act  relating to  lease  expenditures  that may  be                                                                   
     deducted for  purposes of the production tax  on oil and                                                                   
     gas;  relating   to  the  retroactivity   provisions  of                                                                   
     changes to the production  tax on oil and gas enacted in                                                                   
     ch. 1, SSSLA 2007; and providing for an effective                                                                          
     date."                                                                                                                     
                                                                                                                                
STEVE PORTER, LEGISLATIVE CONSULTANT,  LEGISLATIVE BUDGET AND                                                                   
AUDIT COMMITTEE, LEGISLATIVE AFFAIRS  AGENCY provided a brief                                                                   
sectional analysis of the bill.  He pointed out that the bill                                                                   
covers  two   issues;  it  removes  the   standard  deduction                                                                   
contained  in Section 1  and Section  5, subsections  (k) and                                                                   
(l) from the Statute.  This changes the law as  passed from a                                                                   
standard  deduction  for  three   years,  to  a  more  normal                                                                   
deduction  for  operation  expenses.  He  asserted  that  the                                                                   
legislation also  moves the retroactivity  date from  July 1,                                                                   
2007 to  December 20,  2007, which is  the effective  date of                                                                   
the bill. He emphasized that,  while the changes seem simple,                                                                   
the  effective  date  change requires  revisions  to  several                                                                   
sections.  Co-Chair   Stedman  remarked  that   the  standard                                                                   
deduction  applies  to  the  older   and  larger  reservoirs,                                                                   
Prudhoe and Kuparuk, where most of the revenue originates.                                                                      
                                                                                                                                
9:17:10 AM                                                                                                                    
                                                                                                                                
PAT GALVIN,  COMMISSIONER, DEPARTMENT  OF REVENUE  elaborated                                                                   
on  the  issue  revolving around  the  retroactivity  of  the                                                                   
entire statute,  which would  affect all  fields and  all tax                                                                   
payers equally. It reflects a  provision discussed throughout                                                                   
the session  and submitted  by the  Senate Finance  Committee                                                                   
when  the  bill  was  ultimately   passed.  Co-Chair  Stedman                                                                   
indicated  that  the  Senate Finance  Committee  amended  the                                                                   
retroactivity  provision of  the bill  from twelve months  to                                                                   
six   months.  Mr.   Galvin  commented   that  the   standard                                                                   
deductions issue  only affects the two large  fields, Prudhoe                                                                   
Bay  and  Kuparuk.  The  standard   deduction  provision  was                                                                   
initiated on  the House floor,  but did not contain  a sunset                                                                   
when it  moved to  the Senate.  He remarked  that the  Senate                                                                   
added the standard  deduction provision with  the sunset. The                                                                   
standard   deduction   affects  the   operating   expenditure                                                                   
deductions  for Prudhoe  Bay and  Kuparuk for  the tax  years                                                                   
2007,  2008, and  2009. Mr.  Galvin explained  it limits  and                                                                   
freezes  the amount  of applicable  deductions. The  standard                                                                   
deduction is based upon the claimed  expenditures in 2006. He                                                                   
noted the  Administration acknowledged these  provisions were                                                                   
not part  of the  original proposed  bill, and although  they                                                                   
did  not oppose  the changes  they  were not  pushing for  or                                                                   
advocating  any of  them. The  retroactivity provisions  were                                                                   
not included  in the  original bill, only  later added  by an                                                                   
interim  committee.   He  voiced   that  the   Administration                                                                   
believed  this  provision  unnecessary   but  recognized  the                                                                   
inevitability  of compromise  to  pass the  bill. Mr.  Galvin                                                                   
confirmed the  Governor's support for  the final bill  in the                                                                   
belief that  it is  not appropriate to  extract or  amend the                                                                   
two  pieces that  are  the primary  components  for many  who                                                                   
supported the bill.                                                                                                             
                                                                                                                                
9:20:58 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  requested further  explanation on  what the                                                                   
standard   deductions  actually   target  between   operating                                                                   
expenses versus  capital expenditures.  Mr. Galvin  explained                                                                   
that the  taxable amount  is calculated  by taking  the gross                                                                   
revenue  at the field  level then  subtracting the  operating                                                                   
expenditures  and  the  capital   expenditures.  The  capital                                                                   
expenditures  provide  a further  credit  to  reduce the  tax                                                                   
bill. Mr. Galvin  continued that the standard  deduction only                                                                   
applies to the operating expenditures,  the normal day-to-day                                                                   
operation costs but  does not limit the deductibility  or the                                                                   
credits  available  to  capital  expenditures,  such  as  new                                                                   
investments;  therefore it would  not cause any  disincentive                                                                   
to new investment in further exploration  or new development.                                                                   
                                                                                                                                
9:22:37 AM                                                                                                                    
                                                                                                                                
Senator  Elton requested  more information  about the  fiscal                                                                   
note and the suggestion that adopting  the present bill would                                                                   
be an $800 million  loss to the treasury. He  also questioned                                                                   
how  the $800  million figure  had been  reached. Mr.  Galvin                                                                   
indicated  that the  figure was  based  on the  retroactivity                                                                   
aspect for  the amount  of tax  receipts received during  the                                                                   
period from July 1, 2007 to December  20, 2007. He noted that                                                                   
this indicates the different value  of the taxes that existed                                                                   
before ACES  was passed and  what ACES provided.  He reported                                                                   
that  the figure  is not  based  on any  expectations on  the                                                                   
standard  deduction   because,  at   present,  there   is  no                                                                   
estimate.                                                                                                                       
                                                                                                                                
9:24:17 AM                                                                                                                    
                                                                                                                                
Senator   Dyson  questioned   if   the  Administration,   not                                                                   
proposing   the   idea   of   the   standard   deduction   or                                                                   
retroactivity, considered this  to be a good bill. Mr. Galvin                                                                   
stated the Administration recognized  that the bill addressed                                                                   
some of the  concerns raised regarding the ability  to get up                                                                   
to speed  and manage the  auditing. He acknowledged  that the                                                                   
Administration  accepted that  having a  frozen number  for a                                                                   
limited period of time provided  comfort to many. He stressed                                                                   
that the  Administration felt  very strongly that  the sunset                                                                   
provision  had to  be  included because  it  would provide  a                                                                   
different  impact on the  potential behavior  on the  type of                                                                   
investment  that  was  desired   and  a  limit  on  operating                                                                   
expenditures  beyond 2010. He  noted that the  Administration                                                                   
was more concerned about the retroactivity  provision, but it                                                                   
was recognized  that compromise was necessary  to get support                                                                   
for  the bill.  Mr. Galvin  indicated that  trying to  return                                                                   
months  later  and  extract  these   provisions  would  be  a                                                                   
difficult  undertaking.  Senator  Dyson questioned  why  this                                                                   
would be a problem.  Mr. Galvin observed that  this would not                                                                   
be in keeping  with the "good  faith" effort that was  put in                                                                   
the bill to reach a compromise.                                                                                                 
                                                                                                                                
9:27:08M                                                                                                                      
                                                                                                                                
Senator Dyson  indicated he would like further  discussion on                                                                   
the impact  the provisions  would have  on the investment  in                                                                   
the challenged or  heavier oil. Mr. Galvin observed  that the                                                                   
sunset  provision   was  needed,  so   as  not  to   see  any                                                                   
disincentive to the investment  in the heavier oils or higher                                                                   
costs oils. The  Administration was looking at  the "ramp up"                                                                   
time  associated  with making  that  type of  investment.  He                                                                   
remarked that the pursuit of heavy  oil will require a lot of                                                                   
up   front   capital  expenditures   and   higher   operating                                                                   
expenditures  leading  out.  The   sunset  provision  on  the                                                                   
standard deduction  would allow for the "ramp-up",  but would                                                                   
not hinder the deduction of those  expenditures once they hit                                                                   
the operating side. Mr. Galvin  noted that the potential risk                                                                   
on the part of the standard deduction  to dampen this kind of                                                                   
investment was mitigated  by the sunset provision  to a large                                                                   
extent.                                                                                                                         
                                                                                                                                
9:29:20 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman inquired  if the  Administration helped  in                                                                   
crafting any  of the language and,  if so, when.   Mr. Galvin                                                                   
noted  the  standard  deduction  provision came  out  of  the                                                                   
House. He  revealed the Administration's  ongoing discussions                                                                   
with proponents  of a  gross based  tax, those  uncomfortable                                                                   
with the implications  of a net based tax, which  it was felt                                                                   
would  result in  risk to  the  state. He  remarked that  the                                                                   
efforts  to find  a  mechanism  to reduce  what  was seen  as                                                                   
"risks"  formed  the  idea  of a  standard  deduction  and  a                                                                   
standard expenditure  provision. He noted  the Administration                                                                   
commented on what  they perceived as structural  flaws in the                                                                   
proposal.  Mr. Galvin  reported that  the standard  deduction                                                                   
was initially introduced in the  House Finance Committee; the                                                                   
only  time it  had a  public hearing.  He  remarked that  the                                                                   
Administration  did  not  object to  the  standard  deduction                                                                   
provision,  at that time,  in recognition  that it  addressed                                                                   
concerns, and was limited to a  single number as opposed to a                                                                   
per barrel number, and included  a sunset date. This had been                                                                   
a concern  for the  implications  it would  have in terms  of                                                                   
motivations on production and  the fact that it would sunset.                                                                   
Mr.  Galvin noted  that  the provision  failed  in the  House                                                                   
Finance  Committee.  He  signified   the  provision  did  not                                                                   
include a  sunset provision when  it was passed in  the House                                                                   
but the sunset was added back on the Senate Floor.                                                                              
                                                                                                                                
9:32:35 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman observed that  the Administration was active                                                                   
in crafting  the language and  reviewing the provisions.  Mr.                                                                   
Galvin  responded  that  the  Administration  was  active  in                                                                   
responding  to  the  people  drafting   these  provisions  in                                                                   
attempting  to minimize  the potential  negative impacts.  He                                                                   
expressed  the Administration  was able to  reach a  point of                                                                   
agreement.                                                                                                                      
                                                                                                                                
9:33:05AM                                                                                                                     
                                                                                                                                
Senator Thomas appreciated Mr.  Galvin's review of the sunset                                                                   
provision.  He inquired  if  a figure  existed  for the  2006                                                                   
deductions  and  questioned  if  there  was a  ten  per  cent                                                                   
flexibly either  way. Mr. Galvin explained that  the standard                                                                   
deduction is  calculated by taking the  reported expenditures                                                                   
for 2006 for the two fields, but  since there was only a nine                                                                   
month period  of time  it must be  expanded (multiply  by 133                                                                   
percent) to get  the number for the entire  calendar year. He                                                                   
explained that  the number  then goes up  three per  cent for                                                                   
the three years  it will be used. He remarked  there has been                                                                   
an  ongoing  difficulty  in providing  numbers  on  a  "field                                                                   
specific"   basis.   The   public    disclosure   information                                                                   
provisions pertaining  to costs  were not retroactive,  which                                                                   
made it impossible to show the  2006 amount. Co-Chair Stedman                                                                   
indicated that part of next presentation  would address where                                                                   
to sort through these limitations.                                                                                              
                                                                                                                                
9:35:29 AM                                                                                                                    
                                                                                                                                
Senator  Dyson  believed that  this  has been  a  challenging                                                                   
process.  He noted that the Chairman  of the Committee wanted                                                                   
a lower  base tax  rate and championed  the progressivity  in                                                                   
which Senator  Dyson agreed. Senator Dyson believed  that the                                                                   
higher tax  rate on the  industry, and any negative  effects,                                                                   
only happened  when times were  good and everyone  was making                                                                   
money.   The   end  result   was   a   significantly   higher                                                                   
progressivity   and   higher   base   tax   rate   than   the                                                                   
Administration  recommended. Senator  Dyson acknowledged  the                                                                   
discussion  concerning  possible  negative  impacts  for  the                                                                   
industry's  investment and  conceded that  part of the  trade                                                                   
off was  to eliminate the floor  on the taxes.  Senator Dyson                                                                   
believed  it  would  not  make any  difference  in  the  near                                                                   
future. He  questioned if the  Department of Revenue  and the                                                                   
Administration  were comfortable  with the  combination  of a                                                                   
higher   base   tax   rate   and   a   significantly   higher                                                                   
progressivity  than they originally  recommended. Mr.  Galvin                                                                   
acknowledged  that  the  Administration   and  Department  of                                                                   
Revenue supported the trade-off.  Senator Dyson clarified his                                                                   
question to ask what the higher  rate of progressivity did to                                                                   
attract  and encourage  more production.  Mr. Galvin  replied                                                                   
that  the  slope  of  the  progressivity  curve  provides  an                                                                   
incentive for  those with a large  amount of production  in a                                                                   
field  with high margins.  He  remarked that  to invest  in a                                                                   
field   that   will  have   a   lower  margin,   with   state                                                                   
participation in  capital credits, when the  production comes                                                                   
on line, will  dilute the margin for their  entire production                                                                   
portfolio. He  cited that will  reduce the progressivity  for                                                                   
the production  that they currently experiencing  during high                                                                   
progressivity.  He  stressed   that  a  double  incentive  is                                                                   
created  because it  lowers  the tax  rate  on their  exiting                                                                   
production  as   well.  Mr.  Galvin  pointed   out  that  the                                                                   
investment  decision also  recognizes  potential risks,  such                                                                   
as; when  prices come  down will  money be  made at  a stress                                                                   
price. He noted when the rate  is driven by the progressivity                                                                   
it allows for that investment  to be looked at from the lower                                                                   
prices  and have positive  economics.  At the higher  prices,                                                                   
the State of  Alaska experiences more, but the  economics are                                                                   
still positive due to the high prices.                                                                                          
                                                                                                                                
9:40:37 AM                                                                                                                    
                                                                                                                                
DAN  DICKINSON,  CONSULTANT,   TAX  DIVISION,  DEPARTMENT  OF                                                                   
REVENUE presented an overview  of the two major issues in the                                                                   
bill,  which are  the  change  in the  effective  date for  a                                                                   
number of the  financial terms from July to  December and the                                                                   
use of  the three percent  markup when calculating  operating                                                                   
costs (SB  242 - Two  Production Tax  Changes, p. 2,  copy on                                                                   
file). He agreed  with Commissioner Galvin that  questions on                                                                   
the "long  term" effects are  difficult to answer  during the                                                                   
three year program that has been  laid out. He explained that                                                                   
the first issue  deals with the change in the  effective date                                                                   
moving the major  revenue sections, retroactively,  from July                                                                   
1, 2007 to the original effective  date of the bill, December                                                                   
20, 2007.  He noted a number  of clauses going back  to April                                                                   
1,  2007  and  items  requiring  advance  approval  from  the                                                                   
Department of Natural Resources  were not changed. Mr. Galvin                                                                   
acknowledged that the Department  of Revenue will be required                                                                   
to write  regulations to define  how producers will  fill out                                                                   
their tax  forms when  there are two  tax regimes.  This bill                                                                   
will not change that but instead  of being a fifty/fifty mix,                                                                   
there  will  be three  hundred  fifty  three days  under  one                                                                   
regime  and eleven  days under  the  other (SB  242 -  Change                                                                   
Effective Date, p. 3, copy on file).                                                                                            
                                                                                                                                
9:44:28 AM                                                                                                                    
                                                                                                                                
Mr. Dickinson  commented  on the effects  resulting  from the                                                                   
changes. He asserted  that $1.6 million more  would be raised                                                                   
with the passage  of the bill and an additional  $160 million                                                                   
would be collected by the change  at the rate of 22.5 percent                                                                   
to 25 percent. He commented the  major effect, involving more                                                                   
than half  the dollars, is  the result of the  progressivity.                                                                   
Mr.  Dickinson   noted  the  change   in  credits   would  be                                                                   
determined  on  how  the Department  of  Revenue  writes  the                                                                   
regulations  (SB 242  Change Effective  Date, p.  4, copy  on                                                                   
file). Co-Chair  Stedman requested  a reminder on  the volume                                                                   
and price used in this analysis.  Mr. Dickinson reported that                                                                   
the  fiscal note  was  based on  $71.65  per  barrel and  the                                                                   
volume of 730,000 barrels per  day. He reminded the Committee                                                                   
that  oil   production  does   not  follow  a   steady  curve                                                                   
throughout  the   year.  He  pointed   out  the   large  drop                                                                   
(indicated on the  slide) in ACES from 2008  to 2009 resulted                                                                   
from   the  Governor's   proposal  of   not  containing   the                                                                   
retroactivity  that was  later added  by the Legislature  (SB
242  Change Effective  Date, p.  5, copy  on file).  Co-Chair                                                                   
Stedman  remarked that  the 2009  number used  is $64.55  per                                                                   
barrel, but some analyses have  used a $90 per barrel figure.                                                                   
He wondered if oil prices maintained  a higher level, such as                                                                   
$70  to  $80  per barrel,  what  the  relationship  would  be                                                                   
between the Governor's bill and the final bill.                                                                                 
                                                                                                                                
                                                                                                                                
9:49:03 AM                                                                                                                    
                                                                                                                                
Mr.  Dickinson   remarked  that  in  breaking   down  prices,                                                                   
remaining constant  at $90  per barrel for  FY 08 and  FY 09,                                                                   
the major  difference would  be the  change in the  effective                                                                   
date.  Co-Chair  Stedman  questioned  if  there  would  be  a                                                                   
substantial increase  in FY 09 numbers due  to progressivity,                                                                   
the  change in  the  base rate  from  twenty  two percent  to                                                                   
twenty  five percent,  and the  credits  moved fifty  percent                                                                   
forward. He  wondered if  it would  be possible to  calculate                                                                   
the rate from the projected $64.55  a barrel to $70, $80, and                                                                   
$90 a barrel. Mr. Dickinson speculated  that at $94.55, a $30                                                                   
increment, then  under the progressivity  of .04  percent for                                                                   
every dollar, another  7.5 percent is added to  the tax rate.                                                                   
This  figure would  be closer  to  a forty  five percent  tax                                                                   
rate. Co-Chair Stedman requested  further calculations for FY                                                                   
09 based on the figures of $70,  $80, and $90 per barrel. Mr.                                                                   
Dickinson replied  that for FY  09, based on $80  per barrel,                                                                   
the increase is  approximately $500 million.  He will further                                                                   
research the  statistics for the  other requested  per barrel                                                                   
figures.                                                                                                                        
                                                                                                                                
9:52:28 AM                                                                                                                    
                                                                                                                                
Senator Thomas  inquired if the  $1.6 billion was the  old or                                                                   
updated estimate.  Mr. Dickinson replied that  the figure was                                                                   
from the fiscal  note. He continued commenting  on the second                                                                   
issue dealing  with the  Kuparuk and  Prudhoe Bay units  that                                                                   
represent  about seventy  five  percent of  the volume  being                                                                   
produced.  The new rules  used the  FY 06  figures as  a base                                                                   
then applied a three percent operating  expense "mark up" for                                                                   
the calendar years of 2007, 2008,  and 2009. Additional costs                                                                   
will be  disallowed if the  oil company's operating  expenses                                                                   
are higher  than the  three per cent  figures. He  noted that                                                                   
lower operating costs would benefit  from a higher deduction.                                                                   
The net  tax began on  April 1, 2006;  therefore the  base is                                                                   
determined  by nine  months of  costs for  the calendar  year                                                                   
2006. Mr.  Dickinson observed in  2007, the base will  be one                                                                   
hundred  thirty seven  percent of  the 2006  amount. For  the                                                                   
calendar year  of 2008  and 2009, the  allowance will  be one                                                                   
hundred three  percent of  the prior year  (SB 242  Kuparuk &                                                                   
Prudhoe Units Opex, p. 6, copy on file).                                                                                        
                                                                                                                                
9:55:10 AM                                                                                                                    
                                                                                                                                
Mr.  Dickinson  elaborated  that  "costs"  is  determined  by                                                                   
dividing the  fixed costs by  the variable costs  (Opex fixed                                                                   
or variable cost?,  p. 7, copy on file). This  distinction is                                                                   
important  in  determining  how the  three  percent  increase                                                                   
functions. He  illustrated if the operating costs  are fixed,                                                                   
then there  is a one hundred  three percent increase.  If the                                                                   
operating costs are variable,  then it would be a one hundred                                                                   
ten percent  increase. He  continued that  if the 2006  costs                                                                   
were $2 billion, then the three  percent increase would raise                                                                   
the allowance to $60 million in  2007, the 2008 figures would                                                                   
increase to $121.8 million and 2009 to $185.5 million.                                                                          
                                                                                                                                
9:57:31 AM                                                                                                                    
                                                                                                                                
Mr. Dickinson  observed  that older fields  are declining  at                                                                   
roughly six  percent a year, so  the new law would  factor in                                                                   
the decline  rate to provide  a new  rate of one  hundred ten                                                                   
percent  (Opex variable  cost with declining  volumes,  p. 8,                                                                   
copy on file).  He maintained that the Department  of Revenue                                                                   
is showing a  smaller decline which would  effectively change                                                                   
the unit costs per year from one  hundred ten percent in 2007                                                                   
to one hundred three percent in  2008 and to one hundred five                                                                   
percent in 2009  (Opex variable cost with  declining volumes,                                                                   
p. 9-10, copy on file).                                                                                                         
                                                                                                                                
9:59:14 AM                                                                                                                    
                                                                                                                                
Mr.  Dickinson  speculated  on increasing  volumes  that  may                                                                   
occur  during   facility  sharing.   He  proposed   that  new                                                                   
producers  would   send  oil   for  processing   to  existing                                                                   
production facilities,  causing an increased flow  beyond the                                                                   
facilities  own  field  production. The  variable  and  fixed                                                                   
costs,  without cap,  will end  up costing  the new  producer                                                                   
more  money (Variable  costs  without cap,  p.  11 and  Fixed                                                                   
costs with cap,  p. 12, copy on file). He concluded  that the                                                                   
state will  receive more money  and existing facilities  will                                                                   
be  held harmless  but  the new  producer  will  not see  any                                                                   
benefit which causes them concern.                                                                                              
                                                                                                                                
10:04:10 AM                                                                                                                   
                                                                                                                                
Senator  Elton questioned  the presumption  that the  $10,000                                                                   
reimbursement received by the  facility operator really means                                                                   
anything. He  inquired how the  $17,000 figure  was obtained.                                                                   
He  pointed out  that  this being  a negotiable  figure,  the                                                                   
facility operator  could still  make a  profit using  an even                                                                   
lower figure.  Mr. Dickinson agreed  with Senator  Elton that                                                                   
this is  a capital  charge, negotiated  by the facility.  The                                                                   
fixed cost is  negotiable but the variable costs  are not. He                                                                   
remarked that in the short term,  it is possible to move with                                                                   
the  incremental costs  but  if fixed  or  capital costs  are                                                                   
never  recognized then  it  will be  harder  to convince  the                                                                   
facility to  make additional investments. He  elaborated that                                                                   
the problem concerns  letting the owner of the  facility make                                                                   
a "fair"  return for  their original  investment; the  "fair"                                                                   
amount  is the  negotiated money  with the  new producer.  He                                                                   
observed the  facility owners  may chose  not to provide  the                                                                   
use of  their facility  to new  producers plus  complications                                                                   
occur when  older wells produce  smaller amounts of  oil than                                                                   
the newer wells.                                                                                                                
                                                                                                                                
10:08:20 AM                                                                                                                   
                                                                                                                                
Mr.  Dickinson  pointed  out  that  the  new  producer  would                                                                   
provide money to  the older facility as a reward  for backing                                                                   
out  the  production  of  their   less  efficient  wells.  He                                                                   
reported the  bottom line  for the old  producer would  be to                                                                   
raise  the price to  about $1.70  for every  $1 the  facility                                                                   
owner receives. The net effect  is that operating expenditure                                                                   
costs  are variable  and, when  the cap is  put on,  variable                                                                   
costs  are  treated like  fixed  costs.  He reported  if  the                                                                   
facility incurs new costs processing  to the new producer, it                                                                   
can not  be deducted. He  observed that negotiations  between                                                                   
the  new producers  and the  older  producing facilities  can                                                                   
become burdensome as the operating  expense limit will result                                                                   
in higher prices for the new producer.                                                                                          
                                                                                                                                
10:10:05 AM                                                                                                                   
                                                                                                                                
Senator  Elton suggested  it  would be  helpful  to have  the                                                                   
Department  of   Revenue  provide  information   on  the  new                                                                   
expected production  prior to the sunset date.  Senator Dyson                                                                   
commented that much of the pressure  concerning the gross tax                                                                   
or standard deduction  was trying to limit the  gaming of the                                                                   
system.  He  believed  that the  standard  deduction  with  a                                                                   
limited  life would entice  the major  facilities to  produce                                                                   
the wells  with the  higher gross  operating revenue  and the                                                                   
least maintenance  costs for  this period  to the sunset.  He                                                                   
observed  many opportunities  available to  "game" or  "tilt"                                                                   
the system in  their favor. Mr. Dickinson agreed  that with a                                                                   
set  of rules  in place,  it would  be  the goal  of the  oil                                                                   
company's tax  departments to  minimize their tax  and reward                                                                   
the  shareholders.  He  observed  this  can  create  new  and                                                                   
specific opportunities in the next three years.                                                                                 
                                                                                                                                
10:12:14 AM                                                                                                                   
                                                                                                                                
Senator Dyson observed that it  was in everyone's interest to                                                                   
have  new  producers  and  explorers  gain  access  to  spare                                                                   
capacity. He remarked that the  owner of the facilities could                                                                   
hold any new production hostage  with the negotiated rate. He                                                                   
questioned if  information exists regarding  other world-wide                                                                   
oil fields being  able to serve both the public  interest and                                                                   
the  small  producers  without   causing  a  disproportionate                                                                   
disadvantage  to existing  facility owners  who invested  all                                                                   
the money.  Mr. Dickinson agreed  but observed  that existing                                                                   
facilities are also  trying to maximize their  income. If the                                                                   
facility  makes more  money  processing  someone else's  oil,                                                                   
they will do that  to try and receive the maximum  returns on                                                                   
their investments. Mr. Dickinson  remarked that the Alaska is                                                                   
unique  or "disadvantaged"  in that  costs are  not fixed  or                                                                   
variable but "lumpy." Flexibility  is not always available on                                                                   
the North  Slope to  maximize or move  around equipment  or a                                                                   
station.  Mr.  Dickinson  indicated  that if  the  amount  of                                                                   
production falls  off more  dramatically then the  facility's                                                                   
ability to handle it, the result is excess capacity.                                                                            
                                                                                                                                
10:16:21 AM                                                                                                                   
                                                                                                                                
Senator  Dyson  responded  that  there could  possibly  be  a                                                                   
longer term  strategy on the part  of the facility  owners to                                                                   
"starve" the  smaller companies.  He noted the  new companies                                                                   
may not have the  cash resources to hang on for  ten years or                                                                   
obtain  cash resources  to  build alternative  ways.  Senator                                                                   
Dyson believed  that the older  facility could  prevent these                                                                   
new  producers from  selling their  oil  forcing the  company                                                                   
into  an   uncomfortable  financial   situation  or   forcing                                                                   
bankruptcy.  At  this  point,  the facility  would  be  in  a                                                                   
position  to  pick up  these  leases  at bargain  rates.  Mr.                                                                   
Dickinson agreed it was a valid  argument but most of the new                                                                   
companies  arriving   in  the   North  Slope  were   bettered                                                                   
capitalized and it really benefited no one if they failed.                                                                      
                                                                                                                                
10:17:50 AM                                                                                                                   
                                                                                                                                
Mr. Dickinson presented an analysis  of the two approaches of                                                                   
looking at  the numbers.  He compared  the actual 2007  costs                                                                   
with the derived  2007 allowance and projected  the effect at                                                                   
the end of the cap with comparison  between 2009 and 2010 (SB
242 Kuparuk  & Prudhoe Units Opex,  p. 15, copy on  file). He                                                                   
cautioned  the Committee  to remember  that  the numbers  are                                                                   
averages  and  aggregates and  therefore  missing  individual                                                                   
items. He explained that the whole  point of having a net tax                                                                   
is  that individual  things  make a  difference;  there is  a                                                                   
distinction  between  more  and  less  expensive  items.  Mr.                                                                   
Dickinson pointed out that on  January 31, 2008, returns were                                                                   
required  to  be filed  for  December  2007 which  now  gives                                                                   
twelve  monthly returns  to discern the  amount of  operating                                                                   
expenses filed.  This number  can be  compared to the  number                                                                   
generated with  the one hundred  thirty seven  percent number                                                                   
claimed for  2006. He  remarked that  the monthly filings  by                                                                   
taxpayers  are not  always  consistent on  how  much or  what                                                                   
information  is  reported,  so  the information  may  not  be                                                                   
readily  accessible. Mr.  Dickinson elaborated  that if  just                                                                   
one company  in each of the  two units clearly  defined their                                                                   
costs and it is assumed these  were the only costs allowed by                                                                   
the unit, then a fair number could  be derived. He cited that                                                                   
the  Department   of  Revenue  believes  this   data  remains                                                                   
confidential. The  Committee, in order to compare  the actual                                                                   
higher or  lower costs,  would need to  go into an  executive                                                                   
session to  look at the documents  (SB 242 Kuparup  & Prudhoe                                                                   
Unites Opex, "One  third done", p. 17-18, copy  on file). Co-                                                                   
Chair Stedman  commented that an executive session  was being                                                                   
discussed with the Commissioner.                                                                                                
                                                                                                                                
10:20:59 AM                                                                                                                   
                                                                                                                                
Mr. Dickson  remarked that  based on first  half of  the year                                                                   
the  "as-filed" actual  operating  expenses,  before the  law                                                                   
passed, came  within three  per cent of  what was  allowed as                                                                   
the cap.  If the three  per cent works  for the  entire year,                                                                   
then  this looks  at roughly  $2  billion in  costs (plus  or                                                                   
minus $60 million)  which results, at a twenty  five per cent                                                                   
tax rate, to  $15 million in taxes. Senator  Elton questioned                                                                   
the  accuracy  of  these  figures. He  wondered  if  the  $15                                                                   
million is  what has been filed  or what will be paid  in the                                                                   
future.  Mr. Dickinson  agreed that there  is some  ambiguity                                                                   
and  that no  one knows  what to  file. He  remarked for  the                                                                   
costs not covered  in the three percent rule,  the Department                                                                   
of Revenue has  to write the rules and regulations  and until                                                                   
they are written  no one know what to file.  Co-Chair Stedman                                                                   
inquired if this was the lease expenditure amendment.                                                                           
                                                                                                                                
10:23:43 AM                                                                                                                   
                                                                                                                                
Mr.  Dickinson observed  that  a  second way  to  get to  the                                                                   
number is  to project what will  happen in 2010.  He referred                                                                   
to the graph showing  the operating  costs claimed. The upper                                                                   
line represents Kuparuk  and Prudhoe Bay and  the bottom line                                                                   
represents  everything  else (What  would  we expect  between                                                                   
2009 and 2010 for  allowable opex?, p. 20, copy  on file). He                                                                   
explained that the Department  of Revenue forecasts show that                                                                   
in  2009 the  numbers  will be  depressed  but  in 2010  they                                                                   
should rise  again. He pointed  out that further  projections                                                                   
were available  to read  (What would  we expect between  2009                                                                   
and 2010  for allowable opex?,  p. 21-25, copy on  file). Mr.                                                                   
Dickinson  concluded   that  in   the  final  analysis,   the                                                                   
Department of  Revenue does not see a  significant difference                                                                   
between  the  three  percent   cap  and  the  company  filing                                                                   
"actuals."                                                                                                                      
                                                                                                                                
10:26:12 AM                                                                                                                   
                                                                                                                                
Co-Chair  Stedman  felt  it  was  important  for  the  Senate                                                                   
Finance  Committee   to  reflect  on  many   of  the  earlier                                                                   
discussions,   look  at  expectations   on  where   operating                                                                   
expenses are  going, the  rate change,  and finally,  what is                                                                   
driving  them. He  recognized  that the  Committee must  work                                                                   
with the  Department of  Revenue on these  issues to  get the                                                                   
best  estimates  available.  He  suggested that  it  will  be                                                                   
necessary  to  explore  what new  fields  are  emerging  with                                                                   
capital costs shifting over to operating costs.                                                                                 
                                                                                                                                
10:28:54 AM                                                                                                                   
                                                                                                                                
Mr.  Dickinson referred  to  slide twenty-four  pointing  out                                                                   
that the  first column  refers to  the North Slope  operating                                                                   
expenses as  estimated by  the Department  of Revenue  for FY                                                                   
2007 through FY  2011 (What would we expect  between 2009 and                                                                   
2010 for  allowable opex?, p.  24, copy on file).  The second                                                                   
column  relates the  three  percent rule  as  applied to  the                                                                   
North  Slope through  2011  and the  third  column gives  the                                                                   
implied  increase  operating  expense  in  areas  outside  of                                                                   
Kuparuk and Prudhoe.  Mr. Dickinson remarked that  it is hard                                                                   
to tie the numbers together in a consistent fashion.                                                                            
                                                                                                                                
10:30:54 AM                                                                                                                   
                                                                                                                                
SB  242  was   HEARD  and  HELD  in  Committee   for  further                                                                   
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:33 AM                                                                                           
                                                                                                                                
                                                                                                                                

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