Legislature(1999 - 2000)

05/12/1999 03:45 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE RESOURCES COMMITTEE                                                                                        
                     May 12, 1999                                                                                               
                      3:45 p.m.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Rick Halford, Chairman                                                                                                  
Senator Robin Taylor, Vice Chairman                                                                                             
Senator Pete Kelly                                                                                                              
Senator Jerry Mackie                                                                                                            
Senator Lyda Green                                                                                                              
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Sean Parnell                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE CONCURRENT RESOLUTION NO. 12 am                                                                                           
Relating to the state's interest in oil and gas company mergers and                                                             
establishing a Joint Special Committee on Mergers as a joint                                                                    
committee of the legislature.                                                                                                   
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
HCR 12 - No previous Senate action.                                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Tom Wright                                                                                                                      
Legislative Aide to Representative Brian Porter                                                                                 
Alaska State Capitol                                                                                                            
Juneau, AK  99081-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of HCR 12                                                                        
                                                                                                                                
Ted Popely                                                                                                                      
House Majority Counsel                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Discussed a provision of HCR 12                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-34, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD called the Senate Resources Committee meeting to                                                               
order at 3:45 p.m.  All members were present except Senator                                                                     
Parnell.  The committee took up HCR 12.                                                                                         
                                                                                                                                
           HCR 12-JOINT SPECIAL COMMITTEE ON MERGERS                                                                            
                                                                                                                                
Tom Wright, Legislative Aide to Speaker Brian Porter, sponsor of                                                                
HCR 12, explained that the measure establishes a joint committee on                                                             
mergers to study issues related to the proposed merger of BP Amoco                                                              
and ARCO.  The Federal Trade Commission (FTC) will begin its own                                                                
investigation of the merger in the near future therefore input from                                                             
state officials needs to be developed within the next few months.                                                               
The joint committee will closely examine both state and federal                                                                 
laws that influence the acquisition.  The primary issues that need                                                              
to be reviewed are: revenues generated through oil production and                                                               
transport; employment opportunities for Alaskans; environmental                                                                 
impacts; future oil and gas exploration and development; the sale                                                               
of natural gas from the North Slope; and fostering a healthy                                                                    
competitive environment for the industry in Alaska.  The joint                                                                  
committee will meet during and between sessions of the 21st                                                                     
legislature and will be terminated when the 22nd legislature                                                                    
convenes.                                                                                                                       
                                                                                                                                
SENATOR TAYLOR cited page 3, line 7, and asked why the legislature                                                              
needs a committee to determine whether or not we should require the                                                             
divestiture of oil and gas leases that are in excess of the                                                                     
allowable amount under Alaska statute.  He expressed concern that                                                               
the legislature will be creating a committee to decide whether                                                                  
state law should be enforced.                                                                                                   
                                                                                                                                
CHAIRMAN HALFORD said he thought divestiture of assets, other than                                                              
leases, could be required.                                                                                                      
                                                                                                                                
TED POPELY, legislative counsel to the Senate and House Majority,                                                               
agreed that the terms of the resolution indicate divestiture in                                                                 
general; it does not necessarily limit divestiture to the acreage                                                               
that is referenced in statute.                                                                                                  
                                                                                                                                
SENATOR TAYLOR asked what the timeline is for approval of the                                                                   
merger by the companies and the FTC, and whether the legislature                                                                
can wait until the next session before it acts.                                                                                 
                                                                                                                                
CHAIRMAN HALFORD replied the Hart-Scott-Rodino filing, which is a                                                               
filing before the FTC, will be submitted within the week.  That                                                                 
filing has a 30 day window. The information is highly confidential                                                              
and consists of the business plans for the companies in the years                                                               
to come.  A second filing virtually always occurs after the                                                                     
companies meet with the FTC.  He noted the FTC requests a huge                                                                  
amount of information.  In addition, the Administration has                                                                     
assembled a team of lawyers, economists, and others to study the                                                                
merger.  The timeline for approval is expected to take six to nine                                                              
months. The legislature is unlikely to get access to the                                                                        
information submitted to the FTC in the first filing without                                                                    
concurrence of the companies.  The executive branch is likely to                                                                
file a lawsuit based on Alaska antitrust law for discovery.  He                                                                 
noted the first difficulty will be gathering and sorting                                                                        
information and that a legislative committee will have the power to                                                             
subpoena, although he does not want to take that route.                                                                         
                                                                                                                                
SENATOR TAYLOR expressed concern that some of these matters may be                                                              
resolved and concluded before the legislature has an opportunity to                                                             
act.                                                                                                                            
                                                                                                                                
CHAIRMAN HALFORD stated that the legislature, as a sovereign, may                                                               
have the powers to respond if the actions are detrimental to the                                                                
state.                                                                                                                          
                                                                                                                                
Number 125                                                                                                                      
                                                                                                                                
SENATOR LINCOLN referred to page 3, line 3, which reads, "and take                                                              
whatever other actions may be appropriate to ensure that the best                                                               
interest of the state is protected."  She questioned what role the                                                              
Administration will play in this process if the joint committee is                                                              
comprised of legislators only.                                                                                                  
                                                                                                                                
CHAIRMAN HALFORD indicated the Administration will lead the                                                                     
process, and will probably be spending two to three times as many                                                               
resources in terms of research.  The Administration has promised to                                                             
give the legislative branch any information it obtains as long as                                                               
it does not breach confidentiality, however the Administration has                                                              
recommended that the legislature run a parallel process so that it                                                              
has a format from which to operate and obtain independent                                                                       
professional advice.  Two sides of the merger issue need to be                                                                  
investigated: the legal aspect and the economic aspect.                                                                         
                                                                                                                                
SENATOR LINCOLN asked why members from the Administration will not                                                              
be sitting on the joint committee.                                                                                              
                                                                                                                                
CHAIRMAN HALFORD replied he does not think the Administration wants                                                             
the legislature directly involved in its efforts.  It will                                                                      
cooperate as far as providing the joint committee with information.                                                             
                                                                                                                                
SENATOR LINCOLN asked if the joint committee will be taking action.                                                             
                                                                                                                                
CHAIRMAN HALFORD replied the joint committee can only make                                                                      
recommendations to the legislature.                                                                                             
                                                                                                                                
SENATOR LINCOLN disagreed because of the language she referenced                                                                
earlier on page 3, line 3.  She noted HCR 12 has no fiscal note and                                                             
asked how the joint committee will be funded.                                                                                   
                                                                                                                                
CHAIRMAN HALFORD said the committee will be funded by the                                                                       
Legislative Council.  He repeated that the Administration wants to                                                              
maintain some independence from the legislative branch while it                                                                 
does its investigation.                                                                                                         
                                                                                                                                
SENATOR MACKIE noted in the past the legislature has discouraged                                                                
participation by the Administration in joint activities.                                                                        
                                                                                                                                
SENATOR TAYLOR maintained that there is good reason for the                                                                     
separation.  There is an important distinction between the role the                                                             
Administration can play through the Attorney General's office and                                                               
the role the legislature can play.  In addition, someone will have                                                              
to take responsibility for access to proprietary information.                                                                   
                                                                                                                                
SENATOR MACKIE asked if the process outlined in HCR 12 will allow                                                               
for, and protect, the issues of discovery and information that can                                                              
be shared.                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD said yes, however the level of confidentiality may                                                             
be required by the companies if they control the details of the                                                                 
Hart-Scott-Rodino filing.  The companies might allow review of that                                                             
information with the condition that the information cannot even be                                                              
discussed, making it difficult to draw conclusions from the                                                                     
information, or the companies might limit access to information to                                                              
the lawyers involved in the case.                                                                                               
                                                                                                                                
SENATOR MACKIE moved HCR 12 from committee with individual                                                                      
recommendations.  Without objection, the motion carried.  CHAIRMAN                                                              
HALFORD adjourned the meeting at 3:55 p.m.                                                                                      

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