Legislature(2009 - 2010)SENATE FINANCE 532

02/17/2010 09:00 AM Senate FINANCE


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Audio Topic
09:00:28 AM Start
09:00:53 AM Production Tax Lease Expenditure Regulation
10:18:46 AM Operating and Capital Expenditures
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Production Tax Review: TELECONFERENCED
Lease Expenditures
Dept of Revenue & other Administrative
Representatives
-- Testimony <Invitation Only> --
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 17, 2010                                                                                          
                         9:00 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:00:28 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stedman called the Senate Finance Committee                                                                            
meeting to order at 9:00 a.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Lyman Hoffman, Co-Chair                                                                                                 
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Charlie Huggins, Vice-Chair                                                                                             
Senator Johnny Ellis                                                                                                            
Senator Dennis Egan                                                                                                             
Senator Donny Olson                                                                                                             
Senator Joe Thomas                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Marcia   Davis,   Deputy   Commissioner,   Office   of   the                                                                    
Commissioner, Department of Revenue; John Larson, Master                                                                        
Auditor, Department of Revenue.                                                                                                 
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
None                                                                                                                            
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
Oil and Gas Overviews:                                                                                                          
                                                                                                                                
     PRODUCTION TAX LEASE EXPENDITURE REGULATIONS                                                                             
                                                                                                                                
     OPERATING and CAPITAL EXPENDITURES                                                                                       
                                                                                                                                
     Oil Industry Employment and Resident Hire                                                                                
                                                                                                                                
          Scheduled but not Heard                                                                                             
                                                                                                                                
                                                                                                                                
9:00:53 AM                                                                                                                    
                                                                                                                                
^PRODUCTION TAX LEASE EXPENDITURE REGULATION                                                                                    
                                                                                                                                
9:01:53 AM          AT EASE                                                                                                   
9:07:04 AM          RECONVENED                                                                                                
                                                                                                                                
MARCIA   DAVIS,   DEPUTY   COMMISSIONER,   OFFICE   OF   THE                                                                    
COMMISSIONER,   DEPARTMENT   OF   REVENUE,   explained   the                                                                    
production  tax   lease  expenditure  regulations   and  the                                                                    
process  whereby   the  department  arrived  at   them.  She                                                                    
reviewed the  PowerPoint presentation "Production  Tax Lease                                                                    
Expenditure Regulations" (Copy on File).                                                                                        
                                                                                                                                
Ms. Davis began with Slide 2: "Overview"                                                                                        
                                                                                                                                
                                                                                                                                
     12/20/2007                                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
     Department of Law (DOL) in order to ensure the                                                                             
     legality, constitutionality, and consistency with                                                                          
     other regulations                                                                                                          
                                                                                                                                
                                                                                                                                
     (AS 44.62.060)                                                                                                             
                                                                                                                                
9:12:01 AM                                                                                                                    
                                                                                                                                
Ms. Davis discussed Slide 3: "Public Workshops"                                                                                 
                                                                                                                                
                                                                                                                                
     workshops" to gain public input at early regulation                                                                        
     design stage.                                                                                                              
                                                                                                                                
                                                                                                                                
     received during workshops. If big changes on important                                                                     
     issues, then additional workshops held.                                                                                    
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
Ms. Davis detailed Slide 4: "APA- 30-Day Formal Notice"                                                                         
                                                                                                                                
   After Workshops,  proposed regulation  is put  out for  a                                                                    
   minimum 30 day public comment under AS 44.62.190.                                                                            
                                                                                                                                
   1. Published in a newspaper                                                                                                  
   2. Furnished to every person who has filed  for a request                                                                    
     of proposed action ("Interested Parties")                                                                                  
   3. Furnished to Department of Law                                                                                            
   4. Provided to all incumbent State of Alaska legislators,                                                                    
     committee chairs, and to the Legislative Affairs                                                                           
     Agency.                                                                                                                    
                                                                                                                                
Ms. Davis explained Slide 5: "APA-Notice of Proposed                                                                            
Action"                                                                                                                         
                                                                                                                                
                                                                                                                                
     opportunity to present statements, arguments, or                                                                           
     contention in writing, with or without opportunity to                                                                      
     present them orally (AS 44.62.210(a))                                                                                      
                                                                                                                                
                                                                                                                                
     other relevant matter presented to it before adopting,                                                                     
     amending, or repealing a regulation. (AS 44.62.210(b))                                                                     
                                                                                                                                
Ms. Davis detailed Slide 6: "APA-Final Step"                                                                                    
                                                                                                                                
   After considering  public comment,  regulation is  either                                                                    
   adopted, or  put  out  for  another public  notice.  Once                                                                    
   regulation has been adopted:                                                                                                 
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
     Governor                                                                                                                   
                                                                                                                                
9:13:44 AM                                                                                                                    
                                                                                                                                
Ms. Davis  reviewed the Alaska's  Clear and  Equitable Share                                                                    
(ACES) regulations as listed on  Slides 7-18. She noted that                                                                    
the  regulations were  listed on  the Department  of Revenue                                                                    
(DOR) website.  The department first  provided a  format for                                                                    
the  taxpayer  to  report  taxes under  the  new  law.  Each                                                                    
taxpayer  must  file  a  monthly  estimate  of  their  taxes                                                                    
necessitating a  monthly form. She informed  of the advisory                                                                    
bulletin,  which  helped   interpret  particular  tax  laws.                                                                    
Regulations  also  addressed facility  sharing  arrangements                                                                    
and the interpretation of the issues.                                                                                           
                                                                                                                                
9:16:41 AM                                                                                                                    
                                                                                                                                
Ms. Davis continued with Slide 19: "What Remains?"                                                                              
                                                                                                                                
     Forty six  of the approximately seventy  production tax                                                                    
     regulations have  been adopted  and signed into  law by                                                                    
     the Lt. Governor. Of  those remaining, seventeen relate                                                                    
     to  transportation  and  AGIA issues,  four  relate  to                                                                    
     facility  sharing and  the British  Thermal Unit  (BTU)                                                                    
     heating value.                                                                                                             
                                                                                                                                
     Public  Hearing for  facility sharing  and BTU  heating                                                                    
     value has been held and  the written comment period has                                                                    
     also   been  closed.   The   department  is   currently                                                                    
     evaluating comments received.                                                                                              
                                                                                                                                
     Transportation    and    AGIA    related    Regulations                                                                    
     distributed for public comment February 9, 2010.                                                                           
                                                                                                                                
     Unplanned  Production Interruption  Regulations--Second                                                                    
     workshop to be scheduled this spring.                                                                                      
                                                                                                                                
Co-Chair Stedman asked about the  last sentence of the first                                                                    
paragraph.                                                                                                                      
                                                                                                                                
Ms.   Davis    responded   that   "seventeen    relates   to                                                                    
transportation" refers  to sections of the  regulations that                                                                    
require  revision. Approximately  17  provisions govern  the                                                                    
way  transportation  costs  are   deducted  from  the  gross                                                                    
revenue to arrive at the  production tax value. With respect                                                                    
to  "facility   sharing  and   BTU  heating   value,"  those                                                                    
provisions that relate to AS 43  55 170 created a barrier to                                                                    
facility sharing  on the North Slope.  Because the producers                                                                    
read  the  statute  in  a  defensive  manner,  there  was  a                                                                    
significant tax impact. Therefore,  to protect themselves in                                                                    
a facility  sharing arrangement,  the producers took  all of                                                                    
the payments received from a  new entrant requesting a share                                                                    
of the facility. The cost  to share facilities was therefore                                                                    
unnecessarily  high because  of the  uncertainty around  the                                                                    
interpretation of  the statute. She spoke  of great learning                                                                    
about the  industry's challenges  and ensuring that  the tax                                                                    
law is not a barrier.                                                                                                           
                                                                                                                                
Co-Chair  Stedman  asked  about  the  fundamental  issue  of                                                                    
opening the  basin and accessing  the facilities.  Ms. Davis                                                                    
explained that policy is at stake  when a tax law requires a                                                                    
facility  owner   to  provide  any  payment   received.  The                                                                    
department  was  able  to  break  through  the  elements  of                                                                    
facility sharing, which included  a facility owner requiring                                                                    
a sharing party to pay  its proportionate share of operating                                                                    
expense  associated  with   the  other  party's  production.                                                                    
Generally, in  a facility sharing arrangement,  the operator                                                                    
of the facility should strive for optimum efficiency.                                                                           
                                                                                                                                
9:24:07 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  noted that  the  cost  of the  facilities                                                                    
create difficulty  for a  firm like Pioneer  to come  in and                                                                    
build their  own facility. He mentioned  the third paragraph                                                                    
and the  Alaska Gasline  Inducement Act  (AGIA) regulations.                                                                    
He                asked                if                the                                                                    
"in kind"  and "in value"  regulations would be in  place by                                                                    
May  1st. He  requested definitions  for "in  kind" and  "in                                                                    
value" regulations.                                                                                                             
                                                                                                                                
Ms. Davis explained  that there were two pieces  of AGIA and                                                                    
the related inducements  in terms of the  open season. Under                                                                    
AS 43.90.300 there  is opportunity to come  forward and make                                                                    
a  commitment to  ship during  the initial  open season.  If                                                                    
they do so in a  manner that satisfies both the commissioner                                                                    
of natural  resources and the commissioner  of revenue, then                                                                    
Department   of   Natural   Resources   (DNR)   will   issue                                                                    
regulations to govern the royalty inducement.                                                                                   
                                                                                                                                
9:28:45 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman asked if the  exemption applies to oil. Ms.                                                                    
Davis replied that the exemption only applies to gas.                                                                           
                                                                                                                                
Co-Chair Stedman asked for a  definition of "get worse." Ms.                                                                    
Davis answered  that from an  industry perspective,  the tax                                                                    
will not  be greater on May  1st for the volume  of gas that                                                                    
is committed to the pipeline.                                                                                                   
                                                                                                                                
Senator Thomas clarified that the  tax would prove worse for                                                                    
the new shipper versus one with the tax already in effect.                                                                      
                                                                                                                                
Co-Chair Stedman requested definitions  for open season. Ms.                                                                    
Davis responded that  the initial open season  begins on the                                                                    
firm date  of May 1st,  2010 and is  held open for  90 days.                                                                    
During the three month time  period, a substantial amount of                                                                    
communication  between  pipeline   companies  and  potential                                                                    
shippers occurs  and a negotiation  for shipping  is arrived                                                                    
at. Because  the regulations have  been released  for public                                                                    
comment, too  much description  is prohibited.  Each company                                                                    
strikes its own deal during the time period.                                                                                    
                                                                                                                                
Co-Chair Stedman  asked if  the second  open season  was not                                                                    
applicable. Ms. Davis concurred  and explained that a second                                                                    
open  season   is  necessary  when  commitments   about  the                                                                    
previous open season are no  longer applicable and the party                                                                    
does  not  qualify  under  the existing  AGIA  law  for  the                                                                    
inducements.                                                                                                                    
                                                                                                                                
9:32:13 AM                                                                                                                    
                                                                                                                                
Co-Chair   Stedman  asked   about  the   firm's  certificate                                                                    
transfer  ability. Ms.  Davis explained  the important  AGIA                                                                    
provision stating  that every  shipper does  not own  gas on                                                                    
the  North  Slope.  Large   cooperatives  of  utilities  are                                                                    
willing to make  the commitment to acquire gas  on the North                                                                    
Slope, but  they would  not pay taxes  because they  are not                                                                    
producing  oil and  gas.  There is  provision  in AGIA  that                                                                    
enables the transfer  of the benefit of that  tax or royalty                                                                    
inducement to the producer from whom  they buy the gas in an                                                                    
effort  to  broaden  the potential  shippers  and  create  a                                                                    
successful open season.                                                                                                         
                                                                                                                                
Co-Chair Stedman  queried the potential subscription  to the                                                                    
entire  volume of  the  pipe  by one  entity  followed by  a                                                                    
division   among   members.   Would   the   certificate   be                                                                    
transferable? Ms.  Davis assumed that the  certificate would                                                                    
be transferable.                                                                                                                
                                                                                                                                
Co-Chair  Hoffman referred  to a  newspaper article  stating                                                                    
that the  administration is open  for business and  China is                                                                    
invited.  He   asked  about   provisions  included   in  the                                                                    
regulations   that  allow   the   arrangement.  Ms.   Davies                                                                    
responded that  the situation  would be  similar to  a large                                                                    
utility  group in  the  lower 48.  She  provided an  example                                                                    
where the arrangement proved appropriate.                                                                                       
                                                                                                                                
Co-Chair Stedman pointed  out that the value  exists only if                                                                    
the tax is lower. Ms.  Davis clarified that the value exists                                                                    
when the tax is subsequently increased.                                                                                         
                                                                                                                                
Co-Chair Hoffman  asked about the federal  level's effect on                                                                    
the  above   mentioned  scenario   with  China.   Ms.  Davis                                                                    
explained that the federal  constraints required an American                                                                    
partner.                                                                                                                        
                                                                                                                                
9:37:42 AM                                                                                                                    
                                                                                                                                
Senator  Huggins asked  about similarities  between in-state                                                                    
gas and AGIA  regarding tax provisions and the  demand for a                                                                    
large volume of gas. Ms.  Davis answered that an instate gas                                                                    
line  would be  similar to  an industrial  anchor user.  She                                                                    
added that the AGIA inducements  would not be available. The                                                                    
current  law stated  that the  gas  used to  fuel the  plant                                                                    
would have the lower tax rate  of 17 cents. The ethane would                                                                    
be taxed  at the normal  tax rate.  She pointed out  that HB
217 purports to give ethane gas the favored tax rate.                                                                           
                                                                                                                                
9:40:09 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  requested information about  operating and                                                                    
capital expenditures at corporate level.                                                                                        
                                                                                                                                
Ms.  Davis  Slide  20: "Statutory  Directions  on  Allowable                                                                    
Costs"                                                                                                                          
                                                                                                                                
     AS 43.55.165(a)(1)(B) provides that, "[a] producer's                                                                       
     lease expenditures for a calendar year are costs that                                                                      
     meet the following three requirements:                                                                                     
                                                                                                                                
     (i)The costs must be incurred upstream of the point of                                                                     
     production of oil and gas                                                                                                  
                                                                                                                                
     (ii)The costs must be ordinary and necessary costs of                                                                      
     exploring for, developing, or producing, as                                                                                
     applicable, oil or gas deposits; and                                                                                       
                                                                                                                                
     (iii)The costs must be direct costs of exploring for,                                                                      
    developing, or producing, as applicable, oil or gas                                                                         
     deposits"                                                                                                                  
                                                                                                                                
9:43:40 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  asked why  some people  were uncomfortable                                                                    
with the  statute. Ms. Davis  answered that the  concern was                                                                    
that  the standard  could be  manipulated  by industry.  She                                                                    
highlighted the  new recognition that the  economy exists on                                                                    
a global scale in the modern  world, which eased some of the                                                                    
discomfort with the statute.                                                                                                    
                                                                                                                                
Co-Chair  Stedman   asked  about  risk  of   an  overzealous                                                                    
department  tightening the  regulations  and excluding  some                                                                    
expenditures better left included.  Ms. Davis responded that                                                                    
the admonition was protective of industry.                                                                                      
                                                                                                                                
9:47:12 AM                                                                                                                    
                                                                                                                                
Ms.  Davies  reviewed  Slide 22:  "Statutory  Directions  on                                                                    
Allowable Costs"                                                                                                                
                                                                                                                                
     AS 43.55.165(b) further delineates lease expenditures                                                                      
     as including:                                                                                                              
                                                                                                                                
     (i)Direct cost of an asset even if it is capitalized                                                                       
     for accounting or IRS purposes                                                                                             
                                                                                                                                
     (ii)Payments of property, sales, use, motor fuel, and                                                                      
     excise taxes                                                                                                               
                                                                                                                                
     (iii)Activity where the costs incurred do not are not                                                                      
     on or near the oil and gas lease                                                                                           
                                                                                                                                
Ms.  Davis discussed  Slide  23: "How  Clear  Are the  Lease                                                                    
Expenditure Regulations"                                                                                                        
                                                                                                                                
    15 AAC 55.250 -provides standards for the types of                                                                          
     activities and purposes for which costs will be                                                                            
     allowed, other than overhead.                                                                                              
                                                                                                                                
     15 AAC 55.260 -defines the direct charges that will be                                                                     
     allowed as lease expenditures for the activities and                                                                       
     purposes described in 15 AAC 55.250.                                                                                       
                                                                                                                                
JOHN   LARSON,  MASTER   AUDITOR,  DEPARTMENT   OF  REVENUE,                                                                    
addressed   the  question   about   off-lease  charges.   He                                                                    
explained that  historically, charges  must be  incurred on-                                                                    
sight  to be  considered "direct."  With the  development of                                                                    
electronic communications, the boundaries  of the lease were                                                                    
expanded  efficiently. He  believed that  industry's concern                                                                    
was valid. He claimed that  the department sought a fair and                                                                    
balanced  approach  to  the  exploration,  development,  and                                                                    
production of oil and gas.  The department agreed that those                                                                    
costs were reasonable.                                                                                                          
                                                                                                                                
Mr.  Larson  addressed   the  transportation  workshops.  He                                                                    
stated that  regulations were released  on February  9, 2010                                                                    
with the  aid of 12  workshops addressing the  various types                                                                    
of proposed  regulations. He  noted four  separate workshops                                                                    
addressing transportation issues.                                                                                               
                                                                                                                                
Mr. Larson addressed Slide 23: "How Clear Are the Lease                                                                         
expenditure Regulations?"                                                                                                       
                                                                                                                                
                                                                                                                                
     AAC 55.250:                                                                                                                
                                                                                                                                
                                                                                                                                
     drilling rig, crew costs, drilling, processing &                                                                           
    interpreting data, and completion, abandonment, or                                                                          
     suspension costs                                                                                                           
                                                                                                                                
                                                                                                                                
     constructing, operating, or maintaining an oil or gas                                                                      
     production facility or equipment                                                                                           
                                                                                                                                
                                                                                                                                
    and similar transportation, communications systems,                                                                         
     medical, security, and emergency facilities.                                                                               
                                                                                                                                
9:53:59 AM                                                                                                                    
                                                                                                                                
Mr. Larson moved on to Slide 24: "How Clear Are the Lease                                                                       
Expenditure Regulations?"                                                                                                       
                                                                                                                                
                                                                                                                                
     described in 15 AAC 55.250:                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
     maintenance and recovery.                                                                                                  
                                                                                                                                
9:55:59 AM                                                                                                                    
                                                                                                                                
Co-Chair  Hoffman sought  the location  of property  tax and                                                                    
payment  in   lieu  of  property  tax   information  in  the                                                                    
presented  handout. Mr.  Larson  answered Pages  10 and  11,                                                                    
Paragraphs 15 and 16.                                                                                                           
                                                                                                                                
Mr. Larson  described Slide 25:  "State Regulations  vs. IRS                                                                    
Rules"                                                                                                                          
                                                                                                                                
     We align with the Internal Revenue Service (IRS) Code                                                                      
     in several instances:                                                                                                      
                                                                                                                                
     •The Department uses IRS Code 263(c) to determine                                                                          
     whether a cost is a qualified capital expenditure                                                                          
     under AS 43.55.023(l).                                                                                                     
    •"Ordinary and necessary" costs defined by IRS code                                                                         
     162                                                                                                                        
     •Incorporation of concepts, regulations and guidance                                                                       
    issued under IRS Code 482 for income and deduction                                                                          
     allocation among taxpayers. We are directed to                                                                             
     disregard the IRS code rules in some instances:                                                                            
     •We allow the deduction of a direct cost of an asset                                                                       
     even if it is capitalized for IRS purposes.                                                                                
                                                                                                                                
9:58:37 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman   asked  why   the  committee   should  be                                                                    
interested  in the  topic. Mr.  Larson  explained that  ACES                                                                    
allowed  deduction of  the cost  of  the facility.  Co-Chair                                                                    
Stedman  asked if  he referred  to the  production tax.  Mr.                                                                    
Larson   replied   yes.   Co-Chair   Stedman   asked   about                                                                    
depreciation  of corporate  income tax.  Mr. Larson  replied                                                                    
that deduction of costs or  amortization is required for IRS                                                                    
purposes.                                                                                                                       
                                                                                                                                
Senator  Egan  asked  about the  capitalized  cost  and  the                                                                    
difference  between  the  IRS  and  the  state.  Mr.  Larson                                                                    
responded   that  deduction   of  costs   for  IRS   require                                                                    
capitalization  of an  asset and  then depreciate  the costs                                                                    
over  a period  of time.  The department  then uses  the IRS                                                                    
rules  to  capitalize  on  an entity's  books  to  base  the                                                                    
capital  credits on  the cost.  In addition  to gaining  the                                                                    
capital  credits,  the department  allows  the  cost of  the                                                                    
asset to be deducted as the costs are incurred.                                                                                 
                                                                                                                                
10:01:40 AM                                                                                                                   
                                                                                                                                
Co-Chair    Stedman   asked    about   capital    investment                                                                    
depreciation. He  inquired about  the operating  expense and                                                                    
the treatment  of the  corporate income  tax. He  noted that                                                                    
the  deduction  is  accelerated  and  cash  flow  timing  is                                                                    
switched.                                                                                                                       
                                                                                                                                
Ms. Davis commented that the  provision is unusual in regard                                                                    
to global practices in net  tax calculation. Other countries                                                                    
spread  the  deduction over  two  years.  Alaska allows  100                                                                    
percent of the  deduction in the year incurred,  which is an                                                                    
element of ACES.                                                                                                                
                                                                                                                                
Co-Chair Stedman commented that  the practice provides a big                                                                    
stimulus.                                                                                                                       
                                                                                                                                
Ms. Davis noted Slide 27: "Comments from Industry"                                                                              
                                                                                                                                
     "Without clear regulatory guidance from the                                                                                
     Department, AS43.55.170 may be interpreted in a manner                                                                     
     which artificially inflates the costs associated with                                                                      
     facility sharing in the state; and acts as a                                                                               
    disincentive to future third-party facility access                                                                          
     agreements.                                                                                                                
                                                                                                                                
     Thanks to this collaborative effort and the                                                                                
     Department's hard work, the proposed regulation                                                                            
     largely addresses the concerns Pioneer has expressed                                                                       
     over the past year, and in doing so, removes barriers                                                                      
     to future facility sharing opportunities in the                                                                            
     state."                                                                                                                    
                                                                                                                                
     Patrick Foley, Manager, Pioneer Natural Resources                                                                          
     Alaska November 19, 2009                                                                                                   
                                                                                                                                
10:05:39 AM                                                                                                                   
                                                                                                                                
Ms. Davis finished with Slide 29: "Conclusion".                                                                                 
                                                                                                                                
     Tax Division's Regulations Process has ensured maximum                                                                     
     meaningful input from industry and public.                                                                                 
     When final public comment period begins, involved                                                                          
     parties have had opportunity to critique proposed                                                                          
     regulations and Division has had opportunity to fully                                                                      
    understand how the regulations will impact industry                                                                         
     and been able to address ambiguity and problems.                                                                           
     Industry input and dialogue with the Department has                                                                        
     never been greater than in the implementation of the                                                                       
     AS 43.55 regulations.                                                                                                      
                                                                                                                                
10:07:44 AM                                                                                                                   
                                                                                                                                
Co-Chair Stedman  questioned the  April 2010 date  listed on                                                                    
the  presented regulations.  Mr. Larson  explained that  the                                                                    
date  specified the  register that  the regulations  will be                                                                    
published. Ms. Davis  added that the date  was a publication                                                                    
date, but the regulations were  already signed and issued by                                                                    
the lieutenant governor.                                                                                                        
                                                                                                                                
Co-Chair  Stedman commented  on the  processing of  disputes                                                                    
with  the  industry  where the  settlement  travels  to  the                                                                    
Constitutional Budget Reserve (CBR)  fund. He inquired about                                                                    
an  expectation  of  differing opinions  with  the  industry                                                                    
regarding regulations. Ms. Davis did  not expect to see much                                                                    
change in the  returns filed, as the  regulation aligns with                                                                    
the   different  operating   agreements.  Co-Chair   Stedman                                                                    
questioned whether there would  be litigation. Ms. Davis did                                                                    
not think so.                                                                                                                   
                                                                                                                                
10:10:02 AM    AT-EASE                                                                                                        
10:17:37 AM    RECONVENED                                                                                                     
                                                                                                                                
^OPERATING and CAPITAL EXPENDITURES                                                                                           
                                                                                                                                
10:18:46 AM                                                                                                                   
                                                                                                                                
Ms.  Davis  stated  that  prior   to  ACES,  the  department                                                                    
received an  inquiry regarding the crude  oil topping plant.                                                                    
The   North  Slope   producers  require   diesel  fuel   for                                                                    
operations  support. The  diesel fuel  is manufactured  in a                                                                    
plant in Kenai.  A crude oil topping plant is  a small scale                                                                    
refinery  where  diverted  oil is  refined  for  the  diesel                                                                    
component.  High sulfur  diesel  production  has since  been                                                                    
outlawed. The department  viewed the cost of the  plant as a                                                                    
"downstream   cost"  and   therefore  not   deductable.  She                                                                    
referenced a  handout titled  "Oil Company  Upstream Capital                                                                    
Spending"  by Gaffney,  Cline and  Associates Inc.  (Copy on                                                                    
file).  The  issue   of  cost  deduction  was   put  to  the                                                                    
legislature.  Ultimately, the  legislature  included in  the                                                                    
exclusions  from lease  expenditures, costs  associated with                                                                    
the  crude oil  topping plant.  The regulations  reflect the                                                                    
exclusion; the cost of acquiring  diesel is legitimate lease                                                                    
expenditure and may be deductable.                                                                                              
                                                                                                                                
10:24:10 AM                                                                                                                   
                                                                                                                                
Ms. Davis  referred to Page  11, Item 20 of  the legislation                                                                    
describing  the  means  of  calculating   the  cost  of  the                                                                    
product.                                                                                                                        
                                                                                                                                
Co-Chair  Stedman  asked  about  the  deduction.  Ms.  Davis                                                                    
responded  that  industry  is allowed  to  deduct  the  fair                                                                    
market  value of  the acquired  product. Certain  provisions                                                                    
address fair and  appropriate charge when a  producer owns a                                                                    
facility and creates a product for other producers.                                                                             
                                                                                                                                
Co-Chair Stedman expressed concerns  about fair market value                                                                    
and diesel fuel. He asked  how fair market value was derived                                                                    
with  only   one  topping  plant.  Ms.   Davis  referred  to                                                                    
Subsection 20  and explained that the  department subtracted                                                                    
the fair  market value  of the  product from  the prevailing                                                                    
value.                                                                                                                          
                                                                                                                                
10:28:26 AM                                                                                                                   
                                                                                                                                
Senator Egan  asked for a  review of the fair  market value.                                                                    
Ms.  Davis responded  that the  diesel that  is trucked  and                                                                    
sold to the North  Slope encompasses benchmarks for products                                                                    
delivered in the  vicinity. Diesel fuel is then  sold by the                                                                    
crude oil  topping plants to  other owners and  operators on                                                                    
slope allowing the factoring in of Kenai prices.                                                                                
                                                                                                                                
Senator Egan asked if value  is determined only from Alaska.                                                                    
Ms.  Davies responded  yes unless  a competitive  market for                                                                    
the product does not exist.                                                                                                     
                                                                                                                                
Co-Chair  Stedman   noted  termination  of  the   orders  in                                                                    
Seattle.                                                                                                                        
                                                                                                                                
10:30:17 AM                                                                                                                   
                                                                                                                                
Ms.  Davis mentioned  the department's  presentation request                                                                    
regarding   Alaska's   global    investments   relative   to                                                                    
investments by  companies. What  makes Alaska  an attractive                                                                    
place  for investment?  The legislative  body wants  to make                                                                    
the state  as attractive  as possible.  She referred  to the                                                                    
report generated by Gaffney, Cline,  and Associates, Inc. in                                                                    
2007,  which  was  updated   to  comprise  upstream  capital                                                                    
spending. The report viewed the  largest investors in Alaska                                                                    
to  find out  where they  are investing  their dollars.  Oil                                                                    
companies  are  for-profit  companies  and  several  factors                                                                    
affect   investment.  If   resource   potential  and   other                                                                    
variables   are   similar,   government  take   can   swing.                                                                    
Investment tends  to happen in places  where government take                                                                    
is  the lowest.  The likelihood  and size  of the  discovery                                                                    
also affect  the decision about  where to invest.  She noted                                                                    
that large oil companies are  spending money in places where                                                                    
approximately 70 percent of the  capital spent is not in the                                                                    
United  States. Comparisons  among United  States provide  a                                                                    
small  piece of  the  puzzle. Increased  information can  be                                                                    
gathered by comparing Alaska to the international market.                                                                       
                                                                                                                                
10:33:54 AM                                                                                                                   
                                                                                                                                
Ms.  Davis informed  about upcoming  presentations involving                                                                    
global regions.  The Gulf  region of  the United  States has                                                                    
one of the lowest tax regimes in the world.                                                                                     
                                                                                                                                
Co-Chair   Stedman    requested   comment    regarding   the                                                                    
differences  and similarities  between the  Gulf region  and                                                                    
Alaska.  Ms. Davis  replied  that business  in  the Gulf  of                                                                    
Mexico experienced  a downturn due  to a lack of  deep water                                                                    
development.  The   shallow  water   around  the   Gulf  was                                                                    
exhausted, but  the offshore water is  identified as federal                                                                    
land,  which  is  governed by  the  federal  royalty  rules.                                                                    
Historically,  the  federal  government has  a  low  royalty                                                                    
take, which  is attractive  to big  oil industry.  She noted                                                                    
that the  oil industry  has shareholders and  obligations as                                                                    
reserves are  used to  replace them. The  Gulf of  Mexico is                                                                    
not large  enough to allow all  of the big oil  companies to                                                                    
replace   their  reserves.   For  the   reasons  listed,   a                                                                    
diversified  portfolio is  necessary. The  outer continental                                                                    
shelf is an  important piece of the  puzzle, although small.                                                                    
Alaska  has a  substantial  resource offshore  in the  outer                                                                    
continental shelf.  She mentioned heavy oil  and its appeal.                                                                    
Offshore  Alaska provides  another  large  target. A  tariff                                                                    
charge is  altered by lowering  the cost and  increasing the                                                                    
throughput.                                                                                                                     
                                                                                                                                
10:39:28 AM                                                                                                                   
                                                                                                                                
Ms.  Davis addressed  the chart  on  Page 2  of the  handout                                                                    
titled  "Oil  Company   Upstream  Capital  Spending,"  which                                                                    
compares  the  capital   spending  of  Exxon-Mobil,  British                                                                    
Petroleum  (BP), Chevron  and Conoco-Phillips.  Only Conoco-                                                                    
Phillips  had  a  reported  Alaska   share.  Exxon  had  the                                                                    
smallest investment in  the United States, while  BP had the                                                                    
highest percentage spent.                                                                                                       
                                                                                                                                
10:41:18 AM                                                                                                                   
                                                                                                                                
Senator  Olson asked  about the  demarcation  point and  the                                                                    
United States/Canadian division. Ms.  Davis did not know but                                                                    
assumed  that  international  treaties  were  very  specific                                                                    
about the use of country boundaries.                                                                                            
                                                                                                                                
Ms.  Davis  concluded  that   the  report  gave  information                                                                    
regarding  an analysis  of ACES  and what  can or  cannot be                                                                    
done  to  improve  Alaska as  an  investment  location.  The                                                                    
advice from Gaffney,  Cline & Associates was  to accept that                                                                    
a  large share  of  the money  is directed  internationally.                                                                    
Alaska  must therefore  position itself  accordingly. Alaska                                                                    
did not  have the highest  government take when  compared to                                                                    
the global  market. The  international monies  were invested                                                                    
in jurisdictions with high government  takes, meaning that a                                                                    
company's  decision   to  invest   is  not  driven   by  the                                                                    
government  take analysis.  Factors might  include potential                                                                    
prizes that add large stakes  to the reserve portfolios. She                                                                    
recommended   a   thoughtful    approach   when   attracting                                                                    
investment.                                                                                                                     
                                                                                                                                
Co-Chair  Stedman commented  on  the historic  presentations                                                                    
that have  occurred in committee  in the past few  years and                                                                    
he offered to provide copies to members if necessary.                                                                           
                                                                                                                                
^Oil Industry Employment and Resident Hire                                                                                      
                                                                                                                                
     Scheduled but not Heard                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:45 AM.                                                                                          

Document Name Date/Time Subjects
2010 02 16_Alaska-Investment Comparison Memo.pdf SFIN 2/17/2010 9:00:00 AM
2010 02 17 DOR Production Tax Lease Expensiture Regulations SFC.pdf SFIN 2/17/2010 9:00:00 AM
2010 02 17 DOR Lease Regulations.pdf SFIN 2/17/2010 9:00:00 AM
Oil and Gas Production Tax Review
Agenda 021710 am.docx SFIN 2/17/2010 9:00:00 AM