Legislature(2005 - 2006)FAIRBANKS

08/25/2006 09:00 AM Senate SPECIAL COMMITTEE ON NATURAL GAS DEV


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09:08:27 AM Start
09:08:27 AM Roundtable Discussion of Port Authority Plan
09:15:58 AM David Van Tuyl, Commercial Manager, Alaska Gas Group, Bp
09:17:17 AM Bill Walker, General Counsel and Project Manager, Alaska Gasline Port Authority
09:18:14 AM Radoslav Shipkoff, Director, Greengate Llc
09:22:28 AM Mayor Jim Whitaker, Chairman, Alaska Gasline Port Authority
09:26:31 AM Steven B. Porter, Deputy Commissioner, Department of Revenue
09:38:03 AM Roger Marks, Economist, Department of Revenue
09:44:42 AM Dan Dickinson, Cpa, Consultant to the Governor
10:12:12 AM Dr. Anthony Finizza, Consultant, Econ One Research, Inc.
11:23:52 AM Michael Menge, Commissioner, Department of Natural Resources
11:34:03 AM Ken Griffin, Deputy Commissioner, Department of Natural Resources
11:40:46 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ EconOne's Analysis of the TELECONFERENCED
Alaska Gasline Port Authority
Proposed Project
No Public Testimony
Fairbanks Carlson Center-Pioneer Room
                    ALASKA STATE LEGISLATURE                                                                                  
      SENATE SPECIAL COMMITTEE ON NATURAL GAS DEVELOPMENT                                                                     
                       Fairbanks, Alaska                                                                                        
                        August 25, 2006                                                                                         
                           9:08 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Ralph Seekins, Chair                                                                                                    
Senator Thomas Wagoner                                                                                                          
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lyda Green                                                                                                              
Senator Gary Wilken                                                                                                             
Senator Con Bunde                                                                                                               
Senator Fred Dyson                                                                                                              
Senator Bert Stedman                                                                                                            
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
Senator Ben Stevens                                                                                                             
Senator Albert Kookesh                                                                                                          
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Gene Therriault                                                                                                         
Representative David Guttenberg                                                                                                 
Representative Bill Stolz                                                                                                       
Representative Ralph Samuels                                                                                                    
Representative Michael Kelly                                                                                                    
Representative Paul Seaton                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Round table discussion of Port Authority Plan.                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                              
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
DAVID VAN TUYL, Commercial Manager                                                                                              
Alaska Gas Group                                                                                                                
BP                                                                                                                              
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
DAN DICKINSON, CPA                                                                                                              
Consultant to the Governor                                                                                                      
Office of the Governor                                                                                                          
PO Box 110001                                                                                                                   
Juneau, AK  998811-0001                                                                                                         
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
Michael Menge, Commissioner                                                                                                     
Department of Natural Resources                                                                                                 
400 Willoughby Ave.                                                                                                             
Juneau, AK  99801-1724                                                                                                          
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
KEN GRIFFIN, Deputy Commissioner                                                                                                
Department of Natural Resources                                                                                                 
400 Willoughby Avenue                                                                                                           
Juneau, AK  99801-1724                                                                                                          
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
DR. ANTHONY FINIZZA, Consultant                                                                                                 
Econ One Research, Inc.                                                                                                         
Suite 2825                                                                                                                      
Three Allen Center                                                                                                              
333 Clay Street                                                                                                                 
Houston, TX  77002                                                                                                              
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
ROGER MARKS, Economist                                                                                                          
Department of Revenue                                                                                                           
PO Box 110400                                                                                                                   
Juneau, AK  99811-0400                                                                                                          
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
STEVEN B. PORTER, Deputy Commissioner                                                                                           
Department of Revenue                                                                                                           
PO Box 110400                                                                                                                   
Juneau, AK  99811-0400                                                                                                          
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
JIM WHITAKER, Chairman                                                                                                          
Alaska Gasline Port Authority;                                                                                                  
Mayor, Fairbanks North Star Borough                                                                                             
PO Box 71267                                                                                                                    
Fairbanks, AK  99707                                                                                                            
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
BILL WALKER, General Counsel and Project Manager                                                                                
Alaska Gasline Port Authority                                                                                                   
411 4th Avenue, Suite 200                                                                                                       
Fairbanks, Alaska 99701                                                                                                         
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
RADOSLAV SHIPKOFF, Director                                                                                                     
Greengate LLC                                                                                                                   
2001 L Street NW, Suite 901                                                                                                     
Washington, DC 20036                                                                                                            
POSITION STATEMENT:  Commented on Port Authority project.                                                                     
                                                                                                                                
EDWARD J. TWOMEY                                                                                                                
Morrison & Foerster                                                                                                             
Counsel to the Governor                                                                                                         
Washington, DC                                                                                                                  
POSITION STATEMENT:  Commented on FERC issues.                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  RALPH  SEEKINS  called the  Senate  Special  Committee  on                                                             
Natural Gas Development  meeting to order at  9:08:27 AM. Present                                                             
at the  call to  order were Senators  Thomas Wagoner,  Kim Elton,                                                               
and Chair Ralph Seekins.                                                                                                        
                                                                                                                                
                                                                                                                                
         ^ROUNDTABLE DISCUSSION OF PORT AUTHORITY PLAN                                                                      
                                                                                                                                
9:08:27 AM                                                                                                                    
CHAIR SEEKINS recapitulated the  question under discussion at the                                                               
close of  Thursday's meeting.  The issue  was whether  FERC would                                                               
allow  construction costs  to be  rolled into  the tariff  if the                                                               
state  builds  a  gas  line  larger  than  the  capacity  it  has                                                               
commitments for. They  discussed building a larger  line to Delta                                                               
Junction with  the idea that  it would eventually connect  to the                                                               
Lower 48, until  which time it would carry only  1.2 Bcf/d to the                                                               
LNG plant there.                                                                                                                
                                                                                                                                
^EDWARD J. TWOMEY, Morrison & Foerster, Counsel to the Governor                                                                 
EDWARD J. TWOMEY,  Morrison & Foerster, Counsel  to the Governor,                                                               
said  that 20  years  ago  he would  have  said  that FERC  would                                                               
probably refuse  the application,  or say to  come back  when the                                                               
line is  full; but today  FERC is less insistent  that applicants                                                               
be  able to  show the  line will  be 90-100  percent full.  If an                                                               
applicant wants  to build a  pipeline twice as  big as he  has FT                                                               
commitments for, FERC  would likely allow it, but  require him to                                                               
bear the  cost of  the excess  capacity. That  could be  done two                                                               
ways:                                                                                                                           
                                                                                                                                
   1. If a 12" line would have been appropriate for existing Bcf,                                                               
     one could get experts to  calculate the cost differential of                                                               
     a 48" pipe vs. 12" and back that cost out of the rate base.                                                                
                                                                                                                                
   2. Alternatively, and probably how FERC would do it, one could                                                               
     look at  the pipeline as if  it would be full.  For example,                                                               
     if  the total  cost  of  service is  calculated  to be  $100                                                               
     (including operating  cost, income  tax, and return  on rate                                                               
     base) and  it would  take 50  units to  fill the  pipe, FERC                                                               
     would calculate the  tariff at $100 cost  of service divided                                                               
     by the  50 units that  would be  going through the  pipe, so                                                               
     each unit would bear $2 of cost.                                                                                           
                                                                                                                                
If you  apply the example in  method two to the  Port Authority's                                                               
proposal, only  ¼ of the pipe  would be full for  the first three                                                               
years, so AGPA  would be transporting only 12.5 of  the 50 units.                                                               
FERC would  allow it to  charge only $2 per  unit for a  total of                                                               
$25, but AGPA or its investors would  have to eat the $75 that is                                                               
not  subscribed  until  they  get  commitments  for  that  unused                                                               
capacity.                                                                                                                       
                                                                                                                                
^DAVID VAN TUYL, Commercial Manager, Alaska Gas Group, BP                                                                       
DAVID  VAN  TUYL,  Commercial  Manager,  Alaska  Gas  Group,  BP,                                                               
commented  that  its FERC  attorneys  gave  him a  response  very                                                               
similar to Mr. Twomey's.                                                                                                        
                                                                                                                                
9:15:58 AM                                                                                                                    
^BILL  WALKER,  General  Counsel   and  Project  Manager,  Alaska                                                               
Gasline Port Authority                                                                                                          
BILL WALKER, General Counsel and  Project Manager, Alaska Gasline                                                               
Port  Authority, clarified  that  AGPA looked  at  a larger  pipe                                                               
because it is best for Alaska  based on the vast resources on the                                                               
slope. Discussion  with its FERC  counsel indicated that it  is a                                                               
possibility;  but their  project  does  not depend  on  it to  be                                                               
economic.                                                                                                                       
                                                                                                                                
9:17:17 AM                                                                                                                    
CHAIR  SEEKINS said  his question  is  whether they  can build  a                                                               
bigger pipe and make it economic.                                                                                               
                                                                                                                                
^RADOSLAV SHIPKOFF, Director, Greengate LLC                                                                                     
RADOSLAV SHIPKOFF, Director,  Greengate LLC, said that  he was on                                                               
the call  with their FERC counsel,  who said that it  is not only                                                               
possible,  but that  he  thinks it  is the  only  plan FERC  will                                                               
approve, because  the pipe is  properly sized for  the commercial                                                               
development  of the  field  and makes  commercial  sense for  all                                                               
parties. FERC  won't overrule a  commercial agreement  that makes                                                               
sense.                                                                                                                          
                                                                                                                                
9:18:14 AM                                                                                                                    
CHAIR SEEKINS  asked what commercial  agreement Mr.  Shipkoff was                                                               
referring to.                                                                                                                   
                                                                                                                                
MR.  SHIPKOFF replied  that he  is not  suggesting that  they are                                                               
sizing the  pipe to accommodate  future expansion, the  fact that                                                               
they  are designing  a pipe  that  accommodates future  expansion                                                               
means they must  have had discussions with  the shippers (whoever                                                               
they may  be) such  that they anticipate  an expansion.  He asked                                                               
why  they  would design  it  this  way  if  they didn't  know  an                                                               
expansion was coming.                                                                                                           
                                                                                                                                
CHAIR SEEKINS said that is his question exactly.                                                                                
                                                                                                                                
MR.  SHIPKOFF  retorted  that,  if  there  is  not  a  reasonable                                                               
expectation of  expansion, it  means the  highway project  is not                                                               
proceeding.                                                                                                                     
                                                                                                                                
CHAIR  SEEKINS said  that his  sole purpose  is to  look at  this                                                               
proposal through the eyes of  his constituents and determine what                                                               
is in  their best interests. He  asked Mr. Shipkoff if  they have                                                               
had  talks on  that commercial  agreement, or  if he  anticipates                                                               
talks, because  the only four  shippers that  he is aware  of are                                                               
the three producers and the state of Alaska.                                                                                    
                                                                                                                                
MR. SHIPKOFF  responded that there  are four shippers  today; who                                                               
potential shippers might be in the future he did not know.                                                                      
                                                                                                                                
CHAIR SEEKINS  interjected that he  knows that Anadarko  plans on                                                               
an  exploration effort  in the  future, but  there are  only four                                                               
now. He asked where AGPA is at on discussions with them.                                                                        
                                                                                                                                
MR.  SHIPKOFF  answered  that  they   would  like  to  engage  in                                                               
conversation about commercial gas  supply; clearly, they will not                                                               
have a project without such discussions.                                                                                        
                                                                                                                                
^MAYOR JIM WHITAKER, Chairman, Alaska Gasline Port Authority                                                                    
JIM  WHITAKER, Chairman,  Alaska Gasline  Port Authority,  agreed                                                               
with Mr. Shipkoff that, if there  is no conversation, there is no                                                               
gas. He said  that the legislature, given its  legal mandate, and                                                               
the  administration,  should understand  that  and,  if there  is                                                               
incremental value in  a Port Authority or  other similar project,                                                               
should  ensure  that gas  supplies  are  made available.  If  the                                                               
legislature  and the  administration  are unwilling  to do  that,                                                               
then  whatever  is in  the  best  interests  of the  three  major                                                               
producers will  proceed, and  that might  mean doing  nothing for                                                               
another three  years, or doing something  that strips significant                                                               
value from  the state's share in  a deal. He said  that AGPA does                                                               
not believe that  is acceptable; there is another  option and the                                                               
legislature has the  responsibility to ensure that  the option is                                                               
given fair vetting.                                                                                                             
                                                                                                                                
9:22:28 AM                                                                                                                    
^STEVEN B. PORTER, Deputy Commissioner, Department of Revenue                                                                   
STEVEN  B. PORTER,  Deputy Commissioner,  Department of  Revenue,                                                               
said that he  appreciates the state's responsibility  and, as the                                                               
Port Authority mentioned yesterday, the  only way to succeed with                                                               
the Port  Authority plan  is to  cut a  commercial deal  with the                                                               
producers first.                                                                                                                
                                                                                                                                
CHAIR  SEEKINS said  that, as  he understands  it, at  some point                                                               
there has to be a determination  as to whether or not the project                                                               
will be regulated  by FERC. He asked Mr. Twomey  at what point in                                                               
the process that would happen.                                                                                                  
                                                                                                                                
MR. TWOMEY  replied that, assuming  the Port  Authority continues                                                               
to assert  that it is not  subject to FERC regulation,  it is not                                                               
clear when  FERC would step in;  but it would be  sometime before                                                               
the  beginning  of  construction.  He   said  that  the  more  he                                                               
considers it,  the more  convinced he  is that  FERC will  try to                                                               
take control  of the  Port Authority  project, both  the pipeline                                                               
and  the LNG  terminal.  He referenced  an  article by  Greenberg                                                               
Traurig  on the  Energy Policy  Act of  2005, which  strengthened                                                               
FERC's control  over LNG facilities.  It reads in part,  "The act                                                               
amends the Natural  Gas Act [NGA] by granting  the commission the                                                               
exclusive  authority  to approve  or  deny  applications for  the                                                               
siting,   construction,   expansion,   and   operation   of   LNG                                                               
terminals."                                                                                                                     
                                                                                                                                
9:26:31 AM                                                                                                                    
With  regard  to   the  pipeline  itself,  Mr.   Twomey  said  he                                                               
understands the  Port Authority's argument, but  believes that it                                                               
is misreading the NGA, which  also states that FERC has exclusive                                                               
authority over  sales and the  transmission of gas  in interstate                                                               
commerce. He  believes that the  NGA intends  that municipalities                                                               
will  be outside  its authority  unless they  choose to  do those                                                               
things that are specifically within FERC jurisdiction.                                                                          
                                                                                                                                
MR. WALKER provided  some background on this issue.  He said they                                                               
met with  FERC assistant general  counsel in Washington  DC about                                                               
four years ago and explained  that they believe AGPA's project is                                                               
FERC exempt  under section 2  of the  Natural Gas Act.  They were                                                               
advised  to  speak  with FERC's  general  counsel,  who  verbally                                                               
acknowledged that they were probably right.                                                                                     
                                                                                                                                
9:29:40 AM                                                                                                                    
He said  that AGPA  has since retained  Hogan and  Hartson, which                                                               
performed a thorough  analysis and concluded that  AGPA is indeed                                                               
exempt. They did  this to accelerate the  loan guarantee process.                                                               
At this point,  AGPA could attempt to obtain  a declaratory order                                                               
that they  are FERC exempt; but  they intend instead to  sit down                                                               
with FERC  within the next 30  days and discuss it  with them. If                                                               
it  looks  like it  will  be  a  long drawn-out  battle,  they'll                                                               
reconsider their plan.                                                                                                          
                                                                                                                                
9:30:52 AM                                                                                                                    
CHAIR SEEKINS said  that, according to Dr.  Finizza's report, the                                                               
advantage  of the  Port Authority  project is  Net Present  Value                                                               
(NPV). This  project can get gas  to market three yrs  earlier if                                                               
all of the  hurdles are overcome in the time  frame required, and                                                               
he is trying to determine if  that is really possible. He said he                                                               
wants to believe it  is FERC exempt, but if it  is not, he asked,                                                               
does it lose its economic advantage.                                                                                            
                                                                                                                                
MR. WALKER  responded that  they look at  the 3-year  (maybe more                                                               
than 3  year) advantage  as the  result of  work already  done by                                                               
Yukon Pacific.  It is not related  to FERC, but to  work that has                                                               
been done  on fuel  order permits,  gathering soil  samples, core                                                               
samples,  performing air  quality studies  etc. AGPA's  advantage                                                               
doesn't hinge on the FERC exemption.                                                                                            
                                                                                                                                
CHAIR  SEEKINS asked  whether, if  we  end up  with a  commercial                                                               
agreement to build  a larger pipe to Delta Junction,  some of the                                                               
permitting would be tied together  and on the same timeline, such                                                               
as  the permits  from Prudhoe  Bay  to Delta,  and whether  there                                                               
would be two certificates of public convenience or just one.                                                                    
                                                                                                                                
9:33:56 AM                                                                                                                    
MR. WALKER  answered that they will  have to talk to  FERC and do                                                               
what  is  most expeditious.  He  thinks  that,  if there  is  any                                                               
certificate at all, it will be only one.                                                                                        
                                                                                                                                
9:35:14 AM                                                                                                                    
MR. WHITAKER re-emphasized that  the downstream regulatory regime                                                               
is  FERC  controlled.  Every  receiving  terminal  will  be  FERC                                                               
regulated,  so  it  is understood  that  anything  downstream  of                                                               
Valdez is FERC.  With regard to upstream regulation,  that is yet                                                               
to be determined.                                                                                                               
                                                                                                                                
9:36:09 AM                                                                                                                    
MR. SHIPKOFF clarified that the Costa Azul terminal is regulated                                                                
by CRE (Comision Reguladora de Energía ) rather than FERC.                                                                      
                                                                                                                                
^ROGER MARKS, Economist, Department of Revenue                                                                                  
ROGER MARKS,  Economist, Department of Revenue,  pointed out that                                                               
the EIS  (Environmental Impact Statement) that  Yukon Pacific did                                                               
20  yrs  ago was  for  a  different  project  that was  not  FERC                                                               
regulated. If this is under  FERC regulation, it is very possible                                                               
that a new  EIS will be required, which will  add about two years                                                               
to the  process. Additionally, he  thinks that a  20-year-old EIS                                                               
will be  considered out of  date by NEPA  (National Environmental                                                               
Policy Act).                                                                                                                    
                                                                                                                                
MR. TWOMEY added  that Mr. Marks is correct,  because implicit in                                                               
the 2004 Alaska Natural Gas  Pipeline Act are specific provisions                                                               
for the timing of EIS.                                                                                                          
                                                                                                                                
9:38:03 AM                                                                                                                    
MR. WALKER said  that consultants who are familiar  with the NEPA                                                               
process and the  permits, have said that the EIS  will need to be                                                               
updated, not replaced, whether it is FERC regulated or not.                                                                     
                                                                                                                                
9:38:45 AM                                                                                                                    
SENATOR WAGONER prefaced his question  by saying that he believes                                                               
AGPA has an option  on a permit for siting of  an LNG facility in                                                               
Valdez. He  asked if any  studies have  been done on  that siting                                                               
due to  changes in the  industrial standards  and recommendations                                                               
regarding lot sizes since the explosion in Algeria.                                                                             
                                                                                                                                
MR.  WALKER answered  that they  have  looked into  it and  their                                                               
permits comply with requirements for an exclusionary zone.                                                                      
                                                                                                                                
9:39:53 AM                                                                                                                    
SENATOR  WAGONER  asked  if,  in  case  they  cannot  come  to  a                                                               
commercial agreement  in a reasonable  amount of time,  there has                                                               
been any interest by the three  majors or any other companies, in                                                               
taking over the right-of-way that AGPA now controls.                                                                            
                                                                                                                                
MR. WALKER replied they have  not been approached by anyone about                                                               
their exclusive option to date.                                                                                                 
                                                                                                                                
9:41:10 AM                                                                                                                    
CHAIR  SEEKINS  asked if  there  were  any further  questions  or                                                               
comments related to FERC.                                                                                                       
                                                                                                                                
MR.  TWOMEY  commented that  he  does  not dispute  Mr.  Walker's                                                               
statement that  AGPA is FERC  exempt; they may be  exempt because                                                               
they  are a  municipality.  It  does not  follow  that when  they                                                               
engage  in  FERC jurisdictional  activities  they  do not  become                                                               
subject to FERC jurisdiction.                                                                                                   
                                                                                                                                
9:42:40 AM                                                                                                                    
MR. WALKER said that he  appreciates that clarification. He knows                                                               
that, although  they are a  municipality, they could  become FERC                                                               
regulated through  involvement in certain activities  outside the                                                               
state; but they have maintained  involvement to remain within the                                                               
FERC exemption.  They know where  the boundaries are  and believe                                                               
they are well within them.                                                                                                      
                                                                                                                                
CHAIR SEEKINS asked  if the boundary is at Valdez  before it gets                                                               
on the ship.                                                                                                                    
                                                                                                                                
MR. WALKER answered  that the sale would take place  in the state                                                               
of Alaska.                                                                                                                      
                                                                                                                                
CHAIR SEEKINS  asked Mr. Walker  to clarify that the  boundary is                                                               
that the  sale takes place  in Alaska and the  molecules transfer                                                               
ownership before they leave the state.                                                                                          
                                                                                                                                
MR. WALKER agreed that is correct.                                                                                              
                                                                                                                                
CHAIR SEEKINS asked whether the  Port Authority would be involved                                                               
in the transportation of gas on the ships.                                                                                      
                                                                                                                                
MR. WALKER  answered that, as  far as  ownership of the  ships or                                                               
gas in the transport process, no.                                                                                               
                                                                                                                                
9:44:17 AM                                                                                                                    
^ DAN DICKINSON, CPA, Consultant to the Governor                                                                                
DAN DICKINSON, CPA, Consultant to  the Governor, asked Mr. Twomey                                                               
where he thinks  FERC will draw the boundary in  this project. If                                                               
the gas ends  up outside the state, would FERC  regulate only the                                                               
activity that occurs outside Alaska,  or would it consider anyone                                                               
involved in  the process  as engaged  in interstate  commerce and                                                               
therefore under FERC jurisdiction?                                                                                              
                                                                                                                                
9:44:42 AM                                                                                                                    
MR. TWOMEY  replied that he  thinks FERC would look  very closely                                                               
at   the   situation   Mr.  Walker   postulated.   The   gas   is                                                               
unquestionably  going into  interstate commerce,  and selling  at                                                               
the  border  seems  to  be   an  artificial  way  to  avoid  FERC                                                               
regulation. He thinks they'd blow right through that argument.                                                                  
                                                                                                                                
9:46:00 AM                                                                                                                    
CHAIR SEEKINS asked who decides.                                                                                                
                                                                                                                                
MR. TWOMEY answered  that FERC would assert  jurisdiction and, if                                                               
the party objected, it would go to court and get an injunction.                                                                 
                                                                                                                                
9:46:33 AM                                                                                                                    
MR.  MARKS said  he  wanted  to address  an  issue regarding  the                                                               
economic analysis done  by Econ One. Shipping costs  are big part                                                               
of  the  LNG project,  and  Econ  One  must  have used  the  Port                                                               
Authority's  shipping costs,  which assume  that the  LNG tankers                                                               
built domestically in  the 1980's could be  reflagged. When these                                                               
ships were built 25 yrs  ago, the Maritime Administration (MARAD)                                                               
had a Construction Differential  Subsidies (CDS) program in place                                                               
because  U.S.  shipyards  were  not  competitive  with  shipyards                                                               
worldwide. Ships built under this  program were built for foreign                                                               
trade and were not allowed to  compete in the domestic trade. The                                                               
Jones Act is quite clear  that domestically built Jones-Act ships                                                               
that  were flagged  for foreign  trade, cannot  be reflagged  for                                                               
domestic  trade. It  is possible  to get  a temporary  waiver for                                                               
purposes of national defense and  for passenger ships, but it can                                                               
only  be reflagged  for  commercial activity  through  an act  of                                                               
Congress, which is no simple thing.                                                                                             
                                                                                                                                
He said that  the Department of Revenue had a  report prepared by                                                               
Wilson,  Gillette  and  Company,  a maritime  economics  firm  in                                                               
Washington DC, that  looked at the political  climate for getting                                                               
Jones Act ships  reflagged. They concluded that it  would be very                                                               
difficult due to stiff resistance  from the shipping industry and                                                               
unions. Shipyards have a presence  in every coastal state and are                                                               
active in state politics in  those states. So, this project would                                                               
need to build new ships in  the U.S., which would add significant                                                               
time and  about a  billion dollars to  the project,  negating any                                                               
NPV advantage.                                                                                                                  
                                                                                                                                
9:50:53 AM                                                                                                                    
MR.  WALKER said  that they  retained the  best maritime  counsel                                                               
they could find in Washington DC,  and were advised that it would                                                               
require  an act  of  Congress; but  both  the Maritime  Engineers                                                               
Beneficial  Association (MEBA)  and  the Seafarers  International                                                               
Union (SIU)  have provided  Memorandums of  Understanding (MOU's)                                                               
to work with AGPA in the  reflagging process. They are anxious to                                                               
put their  members to  work, and  U.S. Shipyards  typically don't                                                               
get  involved.  Totem   Ocean  Trailer  Express  (TOTE)  proposed                                                               
bringing a foreign  LNG ship builder to a U.S.  shipyard to build                                                               
new ships if necessary, and thinks that it would be economic.                                                                   
                                                                                                                                
He said that he worries because  those who stand to benefit most,                                                               
quickly challenge every suggestion  and solution they offer. It's                                                               
just tiring. They don't make things  up, they get advice from the                                                               
best attorneys and experts at every step.                                                                                       
                                                                                                                                
9:54:04 AM                                                                                                                    
CHAIR SEEKINS responded that, while it  may be tiring for him, it                                                               
is the  first time some of  the legislators have heard  this, and                                                               
that is why they are meeting.                                                                                                   
                                                                                                                                
MR.  WALKER responded  that he  appreciates the  fact that  it is                                                               
being discussed, but AGPA has  spent the last four years climbing                                                               
some  very  tall  mountains; try  talking  someone  into  putting                                                               
millions of dollars into a project when it doesn't have any gas.                                                                
                                                                                                                                
9:54:51 AM                                                                                                                    
MR. SHIPKOFF said  that the Port Authority was  approached by the                                                               
company that  owns the ships in  question, a U.S. company  and 75                                                               
percent  shareholder in  the largest  LNG shipper  in the  world,                                                               
that has  been in the LNG  shipping business for 25  yrs. He said                                                               
they are  working with AGPA to  reflag those ships and  have been                                                               
given a timeline of one to two years.                                                                                           
                                                                                                                                
CHAIR SEEKINS asked if that takes an act of congress.                                                                           
                                                                                                                                
MR. SHIPKOFF confirmed that it does.                                                                                            
                                                                                                                                
9:56:26 AM                                                                                                                    
MR. MARKS encouraged  the committee to read  the Wilson, Gillette                                                               
report. He said that MEBA is  discussed in the report as a fairly                                                               
insignificant union with little  political influence and that the                                                               
two  larger  unions, SIU  and  American  Maritime Officers  (AMO)                                                               
would  offer  considerable resistance.  He  offered  to have  Mr.                                                               
Wilson meet with the committee to address the issue in detail.                                                                  
                                                                                                                                
MAYOR WHITAKER  said he wanted to  pick up where Mr.  Walker left                                                               
off regarding  the hurdles AGPA  has continued to cross.  He said                                                               
one of  the biggest  is a  very uncooperative  administration. If                                                               
there were  problems with FERC,  Jones Act shipping, or  the IRS,                                                               
one would think  that the state would be  cooperative and helpful                                                               
in  dealing  with  them.  Instead,  the  response  is  continual,                                                               
incredible resistance!                                                                                                          
                                                                                                                                
He  said  he  appreciates  the opportunity  to  come  before  the                                                               
committee  and, if  they had  received this  type of  cooperation                                                               
throughout the  process, the Port Authority  project and Alaska's                                                               
gas would be much further along than it is today.                                                                               
                                                                                                                                
9:59:06 AM                                                                                                                    
MR. PORTER said he agrees with  much of what Mayor Whitaker said.                                                               
He has been a proponent of  moving the Port Authority's plan into                                                               
a project management  style of process, hiring  a project manager                                                               
and beginning  to work toward  overcoming the hurdles.  The state                                                               
should  financially and  verbally support  that methodology;  but                                                               
part of that is making sure that  the parties are all on the same                                                               
page. For  example, it would  have been  helpful to the  state to                                                               
know that reflagging  would take an act of Congress;  but this is                                                               
the first time  the Port Authority has acknowledged  that for the                                                               
record. The  maritime union information  is accurate,  which does                                                               
not  mean that  it  is  a showstopper,  it  means  that the  Port                                                               
Authority should approach  those other unions and try  to get the                                                               
support it needs.  The key is to make the  project commercial, to                                                               
get  the per-unit  cost  of  production down  to  the point  that                                                               
somebody is  going to ship  gas on this line.  To put it  in very                                                               
simple terms,  if it is  competitive, shippers will want  to ship                                                               
on this  line and,  if you can  get it going  two or  three years                                                               
earlier, everybody wins.  If it is not competitive,  you must get                                                               
it  online two  or  three  years earlier  in  order  to beat  the                                                               
competition so  shippers will have to  use it. In that  case, the                                                               
shippers will  sign an FT  contract to  sell gas early,  but then                                                               
will be  selling gas at  a loss for the  next 30 years.  They are                                                               
banking on  the incremental  advantage of  those three  years. So                                                               
the  first and  foremost  thing this  project has  to  do is  get                                                               
competitive.                                                                                                                    
                                                                                                                                
CHAIR SEEKINS  commented that not  all of his  colleagues believe                                                               
in net present value either.                                                                                                    
                                                                                                                                
10:02:42 AM                                                                                                                   
SENATOR WAGONER  said that, when  he was at an  energy conference                                                               
in Washington DC about two years  ago, he and several other state                                                               
senators asked  Senator Ted Stevens  if the Port  Authority would                                                               
be able  to get a  Jones Act waiver and  were told that  it would                                                               
not happen. He  said he thinks that the Port  Authority will have                                                               
to work with Senator Stevens on this reflagging issue.                                                                          
                                                                                                                                
10:04:15 AM                                                                                                                   
MR. WALKER agreed  with Senator Wagoner and said that  was one of                                                               
the reasons  they adjusted their  plan. He commented that  one of                                                               
the things they suffer from is that  they put out a great deal of                                                               
information, but  it isn't  always used  in the  Port Authority's                                                               
best interest. He said that the  Jones Act issue is one they have                                                               
addressed fully, and they have  recently received a resolution of                                                               
support from  the Seafarers International  Union. He  thinks they                                                               
are lining  up the appropriate  issues, and they plan  to address                                                               
this with  Senator Stevens soon.  He reminded the  committee that                                                               
Senator Stevens  was a huge  help to  the project with  regard to                                                               
loan guarantees.                                                                                                                
                                                                                                                                
10:05:49 AM                                                                                                                   
MR. PORTER  said he wanted to  follow up on Mr.  Walker's comment                                                               
about information utilization, and said  that there is a level of                                                               
mistrust that  is hindering communications.  He noted  that there                                                               
have been times when the  administration has asked for additional                                                               
information to try to understand the  project and been told it is                                                               
confidential,  perhaps partially  because the  Port Authority  is                                                               
afraid  it   will  be  used   against  them.  That  is   not  the                                                               
administration's  intent, and  for this  project to  move forward                                                               
will require a greater level of trust.                                                                                          
                                                                                                                                
10:06:36 AM                                                                                                                   
MR. SHIPKOFF  said he wanted  to provide clarification on  one of                                                               
the  points Mr.  Marks  brought  up. The  CDS  for  the ships  in                                                               
question has been  repaid, a condition of them  being flagged out                                                               
of the trade.                                                                                                                   
                                                                                                                                
CHAIR  SEEKINS asked  if there  were  any more  questions on  the                                                               
Jones Act  or shipping  before the discussion  moves on  to other                                                               
things.                                                                                                                         
                                                                                                                                
10:07:12 AM                                                                                                                   
MR. MARKS went back to page  20 of Dr. Finizza's presentation, to                                                               
the discussion  of Internal  Rate of Return  (IRR). He  said that                                                               
66.9 and  74.8 percent  are very high  and, although  Dr. Finizza                                                               
doesn't place much value in IRR,  some people will focus on those                                                               
high  numbers.  He thinks  Dr.  Finizza  calculated it  with  the                                                               
producers paying the tariff over  time instead of up-front, which                                                               
results  in higher  figures. He  believes that  most corporations                                                               
capitalize that commitment  up front and wondered  if Dr. Finizza                                                               
would address that issue.                                                                                                       
                                                                                                                                
10:09:41 AM                                                                                                                   
^ DR. ANTHONY FINIZZA, Consultant, Econ One Research, Inc.                                                                      
DR.  ANTHONY FINIZZA,  Consultant, Econ  One Research,  Inc. said                                                               
that, on  page 20, he  showed some  IRR's when comparing  how the                                                               
two models  he was  evaluating were performing,  but that  is the                                                               
only place  he used them,  because he does  not feel that  IRR is                                                               
going to be helpful in this  case. To illustrate, he said that if                                                               
the IRR is calculated as Mr.  Marks suggested and the LNG project                                                               
is scheduled to  start three years before the  highway project as                                                               
proposed by AGPA,  but there is a 1-yr delay  in the LNG project,                                                               
the IRR goes up. It does  not seem helpful that, when the project                                                               
is not on  target, the IRR would  be higher, which is  why he did                                                               
not use that calculation more extensively.                                                                                      
                                                                                                                                
MR. MARKS agreed that that  IRR has limited applicability, but it                                                               
is an  important metric  for the specific  question of  whether a                                                               
project  can   repay  its  investors.  he   simply  cautions  the                                                               
committee not  to look at a  65 percent IRR and  get carried away                                                               
with how great it is,  because if one capitalizes the commitment,                                                               
it is much lower.                                                                                                               
                                                                                                                                
DR. FINIZZA  reminded Mr. Marks that  this is not an  analysis of                                                               
the Port Authority project; it is an analysis of two models.                                                                    
                                                                                                                                
10:12:12 AM                                                                                                                   
MR. SHIPKOFF  said that,  if he  understands Mr.  Marks' argument                                                               
correctly,  he  is saying  that  the  proper  way of  looking  at                                                               
returns  to the  producers is  to  include all  of the  midstream                                                               
components into  the overall return. The  conceptual problem with                                                               
that approach is that it is  blending two very different types of                                                               
projects with very  different risk profiles. He  pointed out that                                                               
midstream  components are  regulated and  generally obtain  lower                                                               
returns because of  the nature of those investments.  If they are                                                               
blended with  the upstream, it  drags the upstream  returns down.                                                               
In response to  Mr. Marks' statement about  capitalization of the                                                               
firm  transportation commitments  (FTR), there  is some  truth to                                                               
that; but some  of Econ One's slides  illustrate very effectively                                                               
the essential  difference between  including the  obligation into                                                               
an  integrated project  and treating  the  upstream as  separate,                                                               
while taking  into account the  commitments to supply gas  and to                                                               
pay the tariff.                                                                                                                 
                                                                                                                                
10:14:47 AM                                                                                                                   
DR.  FINIZZA  said  he  agrees  with Mr.  Shipkoff,  and  if  the                                                               
analysis were  simply comparing the highway  line against similar                                                               
projects he  would engage in this  argument; but he said  he does                                                               
not  want to  spend a  lot of  energy proving  a measure  that he                                                               
doesn't think will be useful.                                                                                                   
                                                                                                                                
10:15:30 AM                                                                                                                   
MR. VAN  TUYL said that Mr.  Marks and others have  suggested how                                                               
the producers might look at economics,  so he thought it would be                                                               
appropriate to provide  a producer's point of  view. The critical                                                               
observation  is   that  the  cost  of   the  firm  transportation                                                               
obligations  has  to  be  recognized   when  looking  at  project                                                               
economics  or  upstream  economics. The  midstream  and  upstream                                                               
investments  are  linked,  because  the upstream  owners  of  the                                                               
resource  only  have  the  midstream investment  due  to  a  firm                                                               
transportation  commitment, which  has value  to those  seeking a                                                               
loan; therefore, it has a cost  to those who make the obligation.                                                               
He said that Mr. Marks is  right that it is typical to capitalize                                                               
the cost  of that obligation.  Mr. Shipkoff is also  correct that                                                               
the nature of  the two cash streams may have  different risks, so                                                               
a more rigorous  analysis might include a  dual discount approach                                                               
to reflect the  profile of each of those  obligations. The bottom                                                               
line is that you can't ignore it;  and it seems that much of this                                                               
analysis, in looking at the  upstream returns, simply ignores the                                                               
fundamental commitment that is made by the resource owners.                                                                     
                                                                                                                                
10:17:38 AM                                                                                                                   
SENATOR THERRIAULT prefaced  his question by saying  that type of                                                               
commitment  is made  on all  the pipelines  BP ships  on, and  BP                                                               
doesn't  own  them.  He  asked  Mr. Van  Tuyl  why  this  one  is                                                               
different.  He noted that Exxon  is very strident that this isn't                                                               
to be treated as a  debt, and the state's independent consultants                                                               
say that it is  noted on the balance sheet, but  is not listed as                                                               
a debt.                                                                                                                         
                                                                                                                                
MR. VAN TUYL  replied that this is not a  unique valuation; it is                                                               
done for  every pipeline  project that BP  invests in.  There are                                                               
examples of  projects like  this that are  not simply  noted, but                                                               
end  up   on  the   balance  sheet   and  are   classified  under                                                               
international  GAAP   as  debt-like  payments.   The  appropriate                                                               
treatment  of them,  whether they  end up  on the  balance sheet,                                                               
noted, or  as footnotes,  is that  they are  treated like  a debt                                                               
because they are actual obligations.  There are different methods                                                               
for calculating them in project economics.                                                                                      
                                                                                                                                
MR. MARKS  followed up by  saying that he would  supply documents                                                               
from GAAP  and Moody,  and chapters  from financial  textbooks on                                                               
how long-term  purchase obligations  like the tariff  are treated                                                               
financially. The reason these don't  show up on the balance sheet                                                               
is that,  per GAAP standards,  unless the commitment  involves 90                                                               
percent  of the  life of  the asset  or 75  percent of  the asset                                                               
value, it appears  in the notes. Just because  it is off-balance-                                                               
sheet debt, does not mean it isn't debt.                                                                                        
                                                                                                                                
10:20:49 AM                                                                                                                   
MR. DICKINSON said that, as the  only CPA at the table, he wanted                                                               
to  point  out  that  the  notes are  an  integral  part  of  the                                                               
financial  statement,  but cautioned  the  committee  not to  get                                                               
caught up in  accounting treatment issues. He said  there are two                                                               
important points here, one is  balance sheet impairment, that is,                                                               
what  will those  long-term financing  commitments do  over time;                                                               
another  is  how financial  analysts  look  at those  commitments                                                               
relative to the company's position.                                                                                             
                                                                                                                                
10:22:09 AM                                                                                                                   
REPRESENTATIVE KELLY asked Mr. Dickinson  if he supports pitching                                                               
IRR  over the  bank  and using  the cash  flow  analysis, as  Dr.                                                               
Finizza recommended.                                                                                                            
                                                                                                                                
MR. DICKINSON responded  that he does not believe  Dr. Finizza is                                                               
suggesting  that they  pitch  IRR  out, but  that  each of  these                                                               
financial  metrics has  a  place,  and one  has  to decide  which                                                               
metric and  which criteria are  important. He thinks  Dr. Finizza                                                               
was  saying  that, depending  upon  what  one is  comparing,  IRR                                                               
becomes a  better or  worse measure.  IRR is  good for  valuing a                                                               
project, but becomes problematic  when comparing projects because                                                               
of the reinvestment problem.                                                                                                    
                                                                                                                                
10:24:01 AM                                                                                                                   
DR. FINIZZA  commended Mr. Dickinson  for his clear  and accurate                                                               
explanation. He thinks  it is better to avoid  using that measure                                                               
on  this type  of comparison  to avoid  having people  choose the                                                               
numbers they like.                                                                                                              
                                                                                                                                
10:25:16 AM                                                                                                                   
MR.  SHIPKOFF  said  he  agreed   with  Mr.  Dickinson  that  the                                                               
accounting  treatment  of  these   obligations  is  of  secondary                                                               
importance  to the  cash flow  side and  analyzing the  project's                                                               
competitiveness. He  said he is  not arguing that  commitments on                                                               
the firm service  obligations should be ignored  in the analysis;                                                               
but making  those is not the  same as investing in  the midstream                                                               
infrastructure.  Part  of  the   reason  upstream  investment  is                                                               
riskier  than midstream  investment, is  that they  have to  make                                                               
firm service  obligations. In effect,  the upstream  shippers are                                                               
leveraging against the  midstream infrastructure, which increases                                                               
their  risk,  therefore  their  expected  return  on  capital  is                                                               
higher.                                                                                                                         
                                                                                                                                
10:27:11 AM                                                                                                                   
MR. MARKS  commented that there is  an old adage in  finance that                                                               
you  can't  make a  bad  project  good  by borrowing  money.  If,                                                               
instead of  paying off the  $24 billion  to build a  project, you                                                               
borrow it, your IRR goes way up  and it looks good. There are two                                                               
reasons  why  that  does  not   work.  First,  the  long-term  FT                                                               
commitments  are debt  that impacts  the  credit-worthiness of  a                                                               
company.  Second,  if your  tariff  includes  both principal  and                                                               
interest, you're paying off the  interest of the weighted average                                                               
cost of  capital so your hurdle  rate becomes the cost  of equity                                                               
itself.                                                                                                                         
                                                                                                                                
10:29:42 AM                                                                                                                   
MR.  SHIPKOFF  said  that, as  Senator  Therriault  pointed  out,                                                               
upstream production  companies engage  in FTR with  third parties                                                               
all the time. No one has suggested  that it would be unique for a                                                               
third  party to  provide the  midstream service  to the  upstream                                                               
producers,  and the  inherent increase  in risk  to them  because                                                               
they  are   leveraging  off   the  midstream   infrastructure  is                                                               
reflected in  the risk profile  of the upstream  investment. But,                                                               
if  one  ignores  this  issue  and  rolls  the  entire  midstream                                                               
infrastructure into  this project,  the returns still  look good.                                                               
He said that, either way, he is not sure what the issue is.                                                                     
                                                                                                                                
10:30:52 AM                                                                                                                   
MR.  VAN  TUYL  said  that earlier,  Mr.  Shipkoff  presumed  his                                                               
agreement   with   the   assertion   that   firm   transportation                                                               
obligations  are treated  differently from  a cash  obligation or                                                               
cash stream  generated by a  project, and  he wanted to  be clear                                                               
that  he does  not agree  with that  assertion, they  are a  debt                                                               
obligation.                                                                                                                     
                                                                                                                                
At ease 10:31:31 AM to 10:43:33 AM.                                                                                         
                                                                                                                                
MR. MARKS  prefaced his comments  by saying that he  believes the                                                               
public concern is advanced when  people understand the complexity                                                               
of these issues.  He said it has been pointed  out that the price                                                               
of gas in  Asia is generally tied  to oil prices, and  most of it                                                               
is sold  on contract.  What ensues  from that  is that  prices in                                                               
Asia are  not set by  supply and  demand, so just  because prices                                                               
are  high  in Asia  does  not  mean  demand  will be  there.  So,                                                               
although  prices  are  high,  it does  not  necessarily  open  up                                                               
opportunity for  a diversion option.  In addition,  when diverted                                                               
oil does  show up for  sale in Asia, it  is outside the  realm of                                                               
the  contract,   not  tied   to  oil   prices,  and   subject  to                                                               
competition.  In that  dynamic, it  is the  lowest priced  bidder                                                               
that commercializes the  gas. Accordingly, any value  that can be                                                               
realized  from a  diversion option  of Alaska  gas would  be very                                                               
small.                                                                                                                          
                                                                                                                                
10:46:16 AM                                                                                                                   
MR. SHIPKOFF said  that it was widely reported  that, during last                                                               
winter, Japan was outbidding the  U.S. for spot cargos because of                                                               
shortages. AGPA  is suggesting that  Alaska will be one  of those                                                               
who  have  opportunity  to  sell   there.  More  importantly,  he                                                               
stressed that  Dr. Finizza's analysis  ignores the value  of that                                                               
option and still shows the LNG project is very robust.                                                                          
                                                                                                                                
CHAIR SEEKINS  asked Mr.  Shipkoff to  remind him,  regarding the                                                               
effect of  long-term shipping commitments, how  they could divert                                                               
some of the gas.                                                                                                                
                                                                                                                                
10:47:50 AM                                                                                                                   
MR. SHIPKOFF  replied that, the  way it is done  contractually is                                                               
that the seller  has the right to divert but  must compensate the                                                               
buyer for  any replacement gas  costs, because the seller  has to                                                               
obtain the gas  somewhere else. He said that  their analysis took                                                               
into  account all  of the  costs the  seller would  have to  pay,                                                               
including the fixed infrastructure capacity reservation.                                                                        
                                                                                                                                
10:48:45 AM                                                                                                                   
CHAIR SEEKINS  asked if it is  economic to divert gas,  even with                                                               
the cost  of buying  gas elsewhere, paying  for the  terminal and                                                               
the diversion.                                                                                                                  
                                                                                                                                
10:48:57 AM                                                                                                                   
MR. SHIPKOFF  answered yes, when  the price is  sufficiently high                                                               
to cover your fixed costs.                                                                                                      
                                                                                                                                
MR.  PORTER commented  that, in  the winter  you can  produce gas                                                               
better and  may be  able to  exceed the  FT commitments  and move                                                               
more gas. So, it doesn't always have to be a trade.                                                                             
                                                                                                                                
MR. SHIPKOFF  agreed that a lot  of spot trade occurs  because of                                                               
increased output.                                                                                                               
                                                                                                                                
DR.  FINIZZA  asked  if  Mr.   Shipkoff  took  into  account  the                                                               
discounted price in the diversion market.                                                                                       
                                                                                                                                
MR.  SHIPKOFF said  no,  that the  analysis  assumed the  average                                                               
Japanese price,  and he projected  the Japanese landed  prices on                                                               
the basis of  an assumption of contractual oil  prices. One might                                                               
have to take  into account a discount below market  price, but he                                                               
repeated  that the  analysis did  not rely  on the  value of  the                                                               
diversion option to make the project economic.                                                                                  
                                                                                                                                
10:52:39 AM                                                                                                                   
MR. PORTER said that one  of things the administration is looking                                                               
at is  Costa Azul's intent to  be fully subscribed by  the end of                                                               
year, so that  window will close. He thinks they  need to look at                                                               
what  the options  will be  some time  from now  and how  to open                                                               
those doors.                                                                                                                    
                                                                                                                                
MR. SHIPKOFF  reminded Mr. Porter  that AGPA is  negotiating with                                                               
Costa Azul regarding their time schedule.                                                                                       
                                                                                                                                
MR. PORTER said  he appreciates that because, if you  have no gas                                                               
now, you can't subscribe.                                                                                                       
                                                                                                                                
MR. SHIPKOFF assured him that Costa Azul knows their situation.                                                                 
                                                                                                                                
10:54:26 AM                                                                                                                   
CHAIR SEEKINS asked for questions from members.                                                                                 
                                                                                                                                
10:54:39 AM                                                                                                                   
REPRESENTATIVE  SAMUELS  said  he  would  like  some  input  from                                                               
representatives of  the Port  Authority, the  administration, and                                                               
the  producer   group.  He  asked,   if  he  has  gas,   and  the                                                               
constitution says  he can maximize  the revenue for the  state of                                                               
Alaska,  and he  can choose  to pay  $3.55 on  the slope,  or pay                                                               
$2.17 across  the continent, even if  they are off by  50 percent                                                               
and the Port Authority is right  on and gets the gas, the problem                                                               
remains $3.55  to $2.17. He  said he understands the  timing with                                                               
regard to  NPV, but is  having a  hard time understanding  how to                                                               
make it a commercial deal initially.                                                                                            
                                                                                                                                
10:56:38 AM                                                                                                                   
MR. VAN  TUYL replied that BP  wants to deliver gas  to market at                                                               
the lowest possible cost. BP has  tried to make LNG work over the                                                               
years and was  a member of the LNG sponsor  group, but it shifted                                                               
its focus to  the gas pipeline when it realized  it could deliver                                                               
gas to the Lower 48 and the West Coast lower than it could LNG.                                                                 
                                                                                                                                
He continued  that Representative Samuels referenced  a 5.5 Bcf/d                                                               
project, which  would be the  1.2 LNG  and the 4.3  gas projects,                                                               
and  that  raises questions  in  his  mind,  because it  takes  a                                                               
fundamentally  different gas  treatment plant  to process  gas to                                                               
LNG specs  than it  does to  process gas  to pipeline  specs. LNG                                                               
                   2                                                                                                            
doesn't tolerate CO or aromatics, so it is a different process.                                                                 
                                                                                                                                
10:58:29 AM                                                                                                                   
REPRESENTATIVE  SAMUELS asked  if it  is possible  to have  a gas                                                               
treatment  plant  (GTP)  on  the slope  that  makes  it  pipeline                                                               
quality, and a fine-tuning mechanism in Delta.                                                                                  
                                                                                                                                
10:58:50 AM                                                                                                                   
MR.  VAN TUYL  responded that  it is  possible to  treat the  gas                                                               
anywhere  along the  line; the  challenge  is to  dispose of  the                                                               
              2                                                                                                                 
handling  that,  but  taking  it  off  downstream  would  present                                                               
                2                                                                                                               
problems for  CO  disposal. He  commented that the  other concern                                                               
with a  5.5 Bcf/d  project is  that the  pipeline from  the North                                                               
Slope  to   Delta  is  fundamentally  different   from  what  the                                                               
producers have  discussed. To  get all 5.5  Bcf/d to  Delta would                                                               
require  them   to  put  in  intermediate   compression,  so  the                                                               
downstream system would no longer  be expandable, which would not                                                               
be good for stimulating exploration.                                                                                            
                                                                                                                                
10:59:56 AM                                                                                                                   
MR. WALKER said  he believes the LNG project  is very competitive                                                               
with  the  highway  project,  but   AGPA  approaches  it  from  a                                                               
different standpoint.  He reminded the committee  that there were                                                               
efforts to  run the  TAP line through  Canada, but  those efforts                                                               
were defeated because  the state wanted the  largest footprint to                                                               
be  in Alaska.  They  are  afraid of  losing  an opportunity  for                                                               
Alaska if it  holds out waiting for a highway  project that there                                                               
is no  commitment to build  and that  depends on one  market. The                                                               
LNG  project offers  Alaska  the  best of  both  markets and  the                                                               
opportunity  to enhance  the economics  of the  highway route  by                                                               
bringing  gas to  Alaska through  Southcentral for  export sooner                                                               
than  later. AGPA  does look  at the  wellhead numbers,  but that                                                               
isn't  only  yardstick  for measuring  the  maximum  benefit  for                                                               
Alaska.  If this  project is  pushed out  to 2025  or later,  the                                                               
situation will  be very different.  He thinks the state  can have                                                               
it all  if it moves quickly  to take advantage of  the LNG option                                                               
now and pave the way for a pipeline and highway project later.                                                                  
                                                                                                                                
11:03:10 AM                                                                                                                   
MR. SHIPKOFF said that the differential  in the netback is not as                                                               
wide  as  Representative Samuels  suggests  and  pointed to  Econ                                                               
One's  presentation  for  that  figure.  He  also  said  that  he                                                               
believes  that, with  further technical  work, that  differential                                                               
will  narrow further  and possibly  be eliminated.  Regarding the                                                               
technical  issues of  LNG  spec  gas and  pipeline  spec gas,  he                                                               
offered  to arrange  for  Bechtel's engineers  to  meet with  the                                                               
producers to address those.                                                                                                     
                                                                                                                                
11:04:21 AM                                                                                                                   
DR.   FINIZZA   said   that  any   analysis   will   show   that,                                                               
contemporaneously, an  LNG netback will  be lower than  a highway                                                               
line netback,  and it is  only when  they diverge that  the value                                                               
changes. As Mr.  Porter pointed out yesterday, one  would have to                                                               
be sure that the 3-year advantage  is permanent, that there is no                                                               
leakage, and that the differential  is very small before entering                                                               
into this.  Most importantly, the  producers have to  accept this                                                               
as a viable business proposition.                                                                                               
                                                                                                                                
11:06:16 AM                                                                                                                   
MR. DICKINSON  said that, if the  base case shows one  project is                                                               
clearly more competitive than the  other, the question is whether                                                               
there are  intangibles. Mr. Walker  said that the LNG  project is                                                               
competitive, so there must be  other things that should be looked                                                               
at. Clearly, more options are better  than fewer; so there is the                                                               
diversion option.  If there is  a pipeline that heads  toward the                                                               
AECO  hub, it  would probably  preclude  the ability  to go  into                                                               
Asian markets;  but he  does not think  the baseline  pipeline to                                                               
Chicago is  what is  going to  be built, rather  there will  be a                                                               
pipeline to  AECO and  multiple options from  there. He  does not                                                               
think  it's  a  choice  between  a  single  market  and  multiple                                                               
markets, but between different multiple  markets available to the                                                               
two projects.  If the best  use of  the gas is  the mid-continent                                                               
market,  and the  project has  to go  down to  Kitimat and  regas                                                               
after the  short voyage back  into AECO,  it would be  getting to                                                               
the same hub at a much higher cost of transportation.                                                                           
                                                                                                                                
He added  that Mr.  Shipkoff is absolutely  right in  saying that                                                               
further technical  work on both  of these projects may  narrow or                                                               
eliminate the  differences between  them, or  it may  widen them.                                                               
And  while Mr.  Walker  mentioned that  Bechtel  has already  put                                                               
about 55,000  hours into this  project, the sponsors have  put in                                                               
over 1,000,000 man-hours, so a huge  amount of work has gone into                                                               
both projects  and further  work will  refine the  numbers fully.                                                               
Both are best estimates at this point.                                                                                          
                                                                                                                                
11:09:21 AM                                                                                                                   
MR.  VAN TUYL  commented that,  regarding  the GTP  issue, it  is                                                               
ultimately resolvable,  it will  just cost more  and it  would be                                                               
appropriate to  reflect that  in a  true characterization  of the                                                               
LNG project. He  agreed with Mr. Walker that it  is unwise to bet                                                               
everything  on one  project and  noted that  an advantage  of the                                                               
highway project is  that, as the lowest cost project  to open the                                                               
basin,  it makes  everything else  possible: more  offtake points                                                               
and cooperation with interconnecting  projects including the Port                                                               
Authority's.  So,  the highway  project  does  not exclude  other                                                               
options.                                                                                                                        
                                                                                                                                
11:11:06 AM                                                                                                                   
REPRESENTATIVE STOLZ  said he thinks  there is some value  in the                                                               
Port Authority  process, and  he is  getting the  impression that                                                               
the  sponsors may  be willing  to entertain  options as  well. He                                                               
asked if  the industry partners are  willing to come back  to the                                                               
table and work on it.                                                                                                           
                                                                                                                                
11:12:26 AM                                                                                                                   
MR. VAN TUYL  said he was referring to language  that is actually                                                               
included  in  the contract,  that  allows  for spin-off  projects                                                               
including the  Port Authority's.  There is  also language  in the                                                               
contract  that  commits the  mainline  entity  to cooperate  with                                                               
those projects; so, the framework is already in place.                                                                          
                                                                                                                                
MR. DICKINSON  said that, with  this contract the state  is going                                                               
to have as high  as 20 percent of the gas, and  what they do with                                                               
it is not part of the  fiscal contract. What the state decides to                                                               
do with it will drive some of these decisions.                                                                                  
                                                                                                                                
11:15:08 AM                                                                                                                   
REPRESENTATIVE KELLY  said he likes  lots of options and  is glad                                                               
to have  the opportunity to discuss  this one. He also  said that                                                               
it  is  important to  recognize  the  difference between  hostile                                                               
questions  and  hard  questions  designed  to  get  at  necessary                                                               
information. The  Port Authority should not  take offense because                                                               
the legislators  are trying to  get at  what is best  for Alaska,                                                               
and  whether AGPA  can do  what it  says it  can within  the time                                                               
frame stated is a real issue.                                                                                                   
                                                                                                                                
11:18:36 AM                                                                                                                   
SENATOR   WAGONER   said  that   he   has   a  request   of   the                                                               
administration.  He recalled  that Tony  Palmer said  every penny                                                               
difference in  the tariff on  the pipeline project will  cost the                                                               
state  $150 million  over  the  life of  the  project, and  $3.55                                                               
versus $2.17  calculates out  to about $20  billion. He  asked if                                                               
the industry  representatives would  get a  realistic calculation                                                               
for him.                                                                                                                        
                                                                                                                                
11:19:34 AM                                                                                                                   
SENATOR  THERRIAULT said  that his  constituents are  uneasy with                                                               
any proposal  going through  Canada, and  that's one  reason that                                                               
the Port Authority  proposal is attractive to them.  He asked the                                                               
administration  representatives how  the state  should deal  with                                                               
the uncertainty  of going through  Canada. There is  no assurance                                                               
that  the pipeline  can get  through Canada  in 3  years and  the                                                               
legislators  have  heard  that  the  current  contract  with  the                                                               
producers  doesn't  get  Alaska  anything with  regard  to  Exxon                                                               
Canada.  He  asked   if  Alaska  is  going   to  need  additional                                                               
agreements with Canadian companies and the Canadian government.                                                                 
                                                                                                                                
11:21:37 AM                                                                                                                   
^Michael Menge, Commissioner, Department of Natural Resources                                                                   
MICHAEL  MENGE, Commissioner,  Department  of Natural  Resources,                                                               
said  there  is no  guaranty  (feedback).  But there  is  netback                                                               
benefit to Canada  in this project, so it is  in their interests.                                                               
Also, Canada is  the U.S. largest trading  partner, so preventing                                                               
us from  moving gas through Canada  to the Lower 48  would not be                                                               
politic. And finally, this is  a transit and not production line,                                                               
so there are mutual interests and  there is a willingness to come                                                               
to an agreement.                                                                                                                
                                                                                                                                
11:23:52 AM                                                                                                                   
SENATOR THERRIAULT  asked a question about  dealing with Canadian                                                               
subsidiaries of the major producers. (partly indiscern.)                                                                        
                                                                                                                                
MR. MENGE replied  to the effect that it is  a more efficient way                                                               
to do  it. (partly  indiscern.) He  said that  the administration                                                               
has spent  three years working  on this  day and night,  and they                                                               
all  would love  to fully  embrace the  Port Authority  plan; but                                                               
they  have to  do  what they  believe is  in  the principal  best                                                               
interest  of  Alaska. They  have  looked  at the  Port  Authority                                                               
project from every angle and  simply do not believe the economics                                                               
are there.                                                                                                                      
                                                                                                                                
11:27:27 AM                                                                                                                   
CHAIR SEEKINS  commented that  this is a  very complex  issue for                                                               
the legislature.  He agrees  with the  underlying premise  of the                                                               
Port Authority, which  was from its inception to  build, or cause                                                               
to be  built, a natural  gas pipeline. No Alaskan  disagrees with                                                               
that premise, and he believes  that the Port Authority is putting                                                               
their project  forward because  they think it  is the  best thing                                                               
for the people  of Alaska. Other people are  resisting it because                                                               
they believe their  plan is best for the people  of Alaska. It is                                                               
hard, but as a business person he  wants to know how much it will                                                               
cost to  get this  much gas in  that big a  pipe to  market every                                                               
day. And  whichever project provides  the best wellhead  value is                                                               
his favorite project from the start.                                                                                            
                                                                                                                                
He said  that the question  today is the  value of being  able to                                                               
get gas to  market three years sooner; but the  whole thing falls                                                               
apart if  all parties don't  cooperate. The producers  are saying                                                               
that they will get the gas to  the offtake in Delta in their pipe                                                               
and  the  Port  Authority  can   take  it  from  there.  So,  the                                                               
discussion seems to  be whether it is the producers'  pipe or the                                                               
Port Authority's pipe to Delta  Junction. From Delta Junction, it                                                               
doesn't appear to be a problem.                                                                                                 
                                                                                                                                
He  stressed  that getting  the  gas,  having a  defined  market,                                                               
getting a  commercial agreement, all  are necessary to  promote a                                                               
project. He said  he appreciates the opportunity  to discuss this                                                               
issue  in a  roundtable venue.  There  are huge  hurdles, and  he                                                               
hopes they  can be overcome  to provide  benefit to the  state of                                                               
Alaska.                                                                                                                         
                                                                                                                                
11:32:17 AM                                                                                                                   
CHAIR SEEKINS asked  if everyone present agrees  that the benefit                                                               
is to get gas to market sooner.                                                                                                 
                                                                                                                                
MR. DICKINSON replied that is one  aspect of it, but it would not                                                               
make  sense to  build something  two years  sooner and  spend the                                                               
next 30 years paying for it.                                                                                                    
                                                                                                                                
CHAIR SEEKINS said  he is right, unless those two  years paid off                                                               
well  enough to  compensate for  the remaining  years at  a lower                                                               
rate of return.                                                                                                                 
                                                                                                                                
11:32:47 AM                                                                                                                   
^KEN   GRIFFIN,  Deputy   Commissioner,  Department   of  Natural                                                               
Resources                                                                                                                       
KEN   GRIFFIN,  Deputy   Commissioner,   Department  of   Natural                                                               
Resources, added that,  looking at Dr. Finizza's  numbers on page                                                               
46, the 2013 start date has  about a 5 percent improvement in NPV                                                               
over the highway project. If that  2013 start date slips to 2016,                                                               
the project  loses 20  percent of  the NPV,  about 6  percent per                                                               
year compounded. Even  if it started only one year  late, in 2014                                                               
it would already  have lost any additional  value associated with                                                               
the early start. While we are  looking at 3 years, we are looking                                                               
at a  project concept with such  fragility that in only  one year                                                               
the economic benefits can be lost.                                                                                              
                                                                                                                                
11:34:03 AM                                                                                                                   
MAYOR WHITAKER closed by saying  that reasonably priced energy to                                                               
Alaska is a significant part  of the Port Authority's mission. He                                                               
pointed  out that  the motivation  of the  major producers  is to                                                               
enrich their stockholders, while  the Port Authority's motivation                                                               
and mandate is to ensure that  a project gets built for Alaskans.                                                               
He  said his  greatest fear  is that  the market  will come  into                                                               
equilibrium without Alaska's gas.                                                                                               
                                                                                                                                
11:38:20 AM                                                                                                                   
MR. MARKS commented  that, if these projects are  in conflict, it                                                               
is possible that competing forces  could prevent any project from                                                               
being built.                                                                                                                    
                                                                                                                                
CHAIR  SEEKINS thanked  all of  the members  for their  input and                                                               
asked for final questions.                                                                                                      
                                                                                                                                
Adjourned at 11:40:46 AM.                                                                                                     

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