Legislature(2011 - 2012)BUTROVICH 205

01/28/2011 03:30 PM Senate RESOURCES


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03:31:05 PM Start
04:32:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Presentation: Kevin Banks, Director: Alaska
Division of Oil and Gas
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                        January 28, 2011                                                                                        
                           3:31 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Joe Paskvan, Co-Chair                                                                                                   
Senator Thomas Wagoner, Co-Chair                                                                                                
Senator Bill Wielechowski, Vice Chair - via teleconference                                                                      
Senator Lesil McGuire                                                                                                           
Senator Hollis French                                                                                                           
Senator Gary Stevens                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bert Stedman                                                                                                            
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Senator Fred Dyson                                                                                                              
Senator Cathy Giessel                                                                                                           
Senator Joe Thomas                                                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Presentation: Kevin Banks, Director, Division of Oil And Gas,                                                                   
Department Of Natural Resources (DNR)                                                                                           
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KEVIN BANKS, Director                                                                                                           
Division of Oil and Gas                                                                                                         
Department of Natural Resources (DNR)                                                                                           
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Presented an overview of his division.                                                                    
                                                                                                                                
SENATOR FRED DYSON                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Asked oil and  gas questions relative  to Mr.                                                            
Banks' presentation.                                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:31:05 PM                                                                                                                    
CO-CHAIR WAGONER  called the  Senate Resources Standing  Committee                                                            
meeting to  order at 3:31 p.m. Present  at the call to  order were                                                              
Senators French, McGuire, Co-Chair Paskvan and Co-Chair Wagoner.                                                                
                                                                                                                                
                                                                                                                                
 Presentation: Kevin Banks, Director, Division of Oil and Gas,                                                              
             Department of Natural Resources (DNR)                                                                          
                                                                                                                              
3:31:38 PM                                                                                                                    
KEVIN  BANKS, Director,  Division of  Oil and  Gas, Department  of                                                              
Natural Resources  (DNR),  presented an overview  of his  division                                                              
He  stated  that  in  2010, the  Division  started  to  develop  a                                                              
strategic  plan. They  have ninety  staff,  and they  need to  act                                                              
consciously  and   make  sure   appropriate  people   have  vetted                                                              
important decisions  and reached  a consensus.  At the  same time,                                                              
he  noted,  they  must  be  conscious   of  the  impact  of  their                                                              
decisions on revenue and development.                                                                                           
                                                                                                                                
3:34:35 PM                                                                                                                    
SENATOR GIESSEL arrived at the meeting.                                                                                         
                                                                                                                                
MR. BANKS pointed  out that the division is told  what it needs to                                                              
do by  statute, and makes decisions  that affect the  whole state.                                                              
He said  they want  to maximize development  of resources  for the                                                              
greatest benefit  of all Alaskans, and the  economically efficient                                                              
recovery  of resources; the  Conservation  Division, on the  other                                                              
hand,  seeks   to  develop  resources   with  the   least  surface                                                              
disruption.                                                                                                                     
                                                                                                                                
CO-CHAIR PASKVAN asked about interplay of the two.                                                                              
                                                                                                                                
MR.  BANKS  answered that  normally  units  are formed  to  assure                                                              
maximum  recovery  of  the  resource. He  stated  he  must  assure                                                              
facilities are  used efficiently, and  must also look at  plans of                                                              
operation.  He  noted  that if  you  thought  of  the state  as  a                                                              
producer, it would be number four as a royalty producer.                                                                        
                                                                                                                                
3:37:22 PM                                                                                                                    
MR. BANKS said  the Petroleum Systems Integrity  Office (PSIO) was                                                              
added to  the division  and relies on  it for internet  technology                                                              
and administrative  support, but has its own budget.  He said that                                                              
it may be considered  an added layer of regulatory  impact, but it                                                              
tells oil  companies what  they are capable  of - and  responsible                                                              
for - developing resources safely.                                                                                              
                                                                                                                                
3:40:14 PM                                                                                                                    
SENATOR STEVENS joined the committee.                                                                                           
                                                                                                                                
3:40:52 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the meeting via teleconference.                                                                     
                                                                                                                                
MR. BANKS explained the division's workflow design.                                                                             
                                                                                                                                
3:41:54 PM                                                                                                                    
CO-CHAIR  PASKVAN asked when  he anticipated  the final  strategic                                                              
plan would be released.                                                                                                         
                                                                                                                                
3:42:59 PM                                                                                                                    
MR. BANKS responded  that when the new commissioner  completes his                                                              
transition,  a document  should  be available.  He explained  that                                                              
resource evaluation  completed a Cook Inlet gas  supply study last                                                              
December, which only  covers existing fields.   The study examines                                                              
the potential  for additional  gas from  the existing  fields, and                                                              
will reveal how much it would cost to develop those fields.                                                                     
                                                                                                                                
MR.  BANKS explained  that once  resources  have been  identified,                                                              
the  leasing  staff  begins  the process  of  making  those  lands                                                              
available in a bonus  bid auction as required by  law. The process                                                              
includes  development of  a best interest  finding, a  complicated                                                              
document. He  noted the  division holds leases  sales two  times a                                                              
year.                                                                                                                           
                                                                                                                                
3:45:45 PM                                                                                                                    
SENATOR  DYSON asked  if the  state's jurisdiction  starts at  the                                                              
offshore  islands  in  the  Beaufort  Sea  or  from  the  existing                                                              
changing coastline.                                                                                                             
                                                                                                                                
MR.  BANKS answered  the islands  count, and  sometimes the  coast                                                              
does, depending on whether the islands are submerged or not.                                                                    
                                                                                                                                
SENATOR  DYSON  asked  if  we have  a  contest  with  the  federal                                                              
government over that.                                                                                                           
                                                                                                                                
MR. BANKS replied  there's always potential for  disagreement, but                                                              
he  wouldn't anticipate  it becoming  a serious  problem. Part  of                                                              
the North  Star unit is  in federal land,  and the division  is in                                                              
intense discussion  with the developer and the  federal government                                                              
about that.                                                                                                                     
                                                                                                                                
3:48:33 PM                                                                                                                    
MR. BANKS  said that the royalty  accounting staff has  created an                                                              
electronic  filing  process,  and  most lessees  pay  online.  The                                                              
division is able to validate those revenues in an audited form.                                                                 
                                                                                                                                
3:49:06 PM                                                                                                                    
CO-CHAIR  PASKVAN asked  about the  recent  Department of  Revenue                                                              
(DOR)  report concerning  the  need  for a  central  data base  to                                                              
analyze capital  expenditure  monies. He  asked if the  division's                                                              
system is different.                                                                                                            
                                                                                                                                
MR.  BANKS   replied  their  system   is  different   because  the                                                              
Department of  Revenue has  to track costs  and the DNR  does not;                                                              
instead,  the  DNR is  interested  in  leases and  calculation  of                                                              
royalty. They manage for ownership issues and assign ownership.                                                                 
                                                                                                                                
3:51:27 PM                                                                                                                    
He stated  the division's staff  audits state and  federal royalty                                                              
by  arrangement,  and that  audit  claims  in  the amount  of  $33                                                              
million are currently outstanding.                                                                                              
                                                                                                                                
CO-CHAIR PASKVAN  asked, in trying  to understand  the distinction                                                              
between DOR and DNR and ACES audits, how current is DNR?                                                                        
                                                                                                                                
MR.  BANKS replied  that  the division's  audits  aren't going  as                                                              
fast as  he would  like them to.  They have been  in the  state of                                                              
catch up  for quite a  while; there is  some potential  for shared                                                              
information   between   DNR  and   DOR,   particularly   measuring                                                              
production  data. As  the automation  of  those systems  improves,                                                              
they will automatically share that information.                                                                                 
                                                                                                                                
3:54:39 PM                                                                                                                    
CO-CHAIR PASKVAN asked what audits typically show.                                                                              
                                                                                                                                
MR.  BANKS answered  that  in most  cases  they  are auditing  for                                                              
increased  value  in royalty,  although  sometimes  they  identify                                                              
problems with the way 20-year old agreements are working.                                                                       
                                                                                                                                
3:56:10 PM                                                                                                                    
He  then explained  that  the Gap  analysis  is  designed to  find                                                              
where  the state has  overlap in  upstream issues.  It is  largely                                                              
complete,  and there  is a  list  of corrective  actions that  has                                                              
been  submitted  to  the  Natural  Resources,  Department  of  Law                                                              
Subcabinet. The  subcabinet is  preparing recommendations  for the                                                              
governor.                                                                                                                       
                                                                                                                                
CO-CHAIR PASKVAN asked what is meant by "integrity events."                                                                     
                                                                                                                                
MR. BANKS answered  that integrity events typically  occur because                                                              
some corrosion  inspection is missing  in the management  plans of                                                              
companies  operating the  equipment. The  division is seeking  the                                                              
root  causes  of  integrity  events; they  get  phone  calls  from                                                              
employees  working  for  the  companies,   raising  concerns.  The                                                              
department looks at the concerns.                                                                                               
                                                                                                                                
CO-CHAIR PASKVAN  asked what has  been the success of  an employee                                                              
calling in.                                                                                                                     
                                                                                                                                
MR. BANKS  answered they  haven't had  a lot  of valid  calls, but                                                              
enough to raise  issues. It is usually enough to  discuss with the                                                              
operator.  Often an  employee will  see  something; for  instance,                                                              
people were  concerned that Exxon  was taking equipment  away from                                                              
Point Thomson. But they discovered that was not the case.                                                                       
                                                                                                                                
4:00:26 PM                                                                                                                    
CO-CHAIR  PASKVAN asked  how aware  employees are  of a number  to                                                              
contact.                                                                                                                        
                                                                                                                                
MR.  BANKS  said  the  division  has  it  on  their  website,  but                                                              
probably it's not widely known.                                                                                                 
                                                                                                                                
4:02:23 PM                                                                                                                    
SENATOR  DYSON   asked  about  drilling   for  hydrates   and  new                                                              
technology.                                                                                                                     
                                                                                                                                
MR.  BANKS explained  that hydrates  are  highly experimental.  No                                                              
one  has effectively  figured  out  how to  produce  them. A  test                                                              
conducted  in Canada  lasted six  days;  hydrates form  in an  ice                                                              
crystal cage  (methane molecule) at  a specific range  of pressure                                                              
and  temperature.   On  the  North  Slope,  those   pressures  and                                                              
temperatures  form at  a very  shallow level,  below the  existing                                                              
infrastructure. The  USGS has estimated 85 trillion  cubic feet of                                                              
technically recoverable  gas from hydrates in the  area around the                                                              
existing  infrastructure.  They have  known  that  hydrates are  a                                                              
drilling hazard,  which also could provide a  method of recovering                                                              
hydrates; as wells  are drilled through the hydrates,  the methane                                                              
is released  and could  cause hydrate  gas to  be kicked  into the                                                              
well. This  occurs when the  drilling muds  are too warm  and heat                                                              
up the  area around the  well, or when  pressure is  relieved from                                                              
the well.  A third technique being  studied is to inject  co2 into                                                              
a well to displace the methane molecules.                                                                                       
                                                                                                                                
4:05:53 PM                                                                                                                    
MR. BANKS  further stated  the USGS is  proposing drilling  a well                                                              
at Prudhoe Bay to try some new techniques.                                                                                      
                                                                                                                                
SENATOR DYSON asked how deep those wells would be.                                                                              
                                                                                                                                
MR. BANKS said  he wanted to get  a better answer, but  he thought                                                              
about five thousand feet.                                                                                                       
                                                                                                                                
4:07:11 PM                                                                                                                    
SENATOR FRENCH asked  what is happening with heavy  oil production                                                              
on the North Slope.                                                                                                             
                                                                                                                                
MR.  BANKS answered  that heavy  oil  has been  produced for  some                                                              
time, mostly  at Milne  Point, using  pumps at  the bottom  of the                                                              
wells. The issue  has been how to get production  without a lot of                                                              
sand. They  have been  producing oil from  Schrader Bluff  for the                                                              
last ten years,  and West Sak is another source of  heavy oil from                                                              
the same structure.                                                                                                             
                                                                                                                                
He also  noted that  BP is  experimenting with  a CHOPs  heavy oil                                                              
producing system  where they will  produce the sand and  remove it                                                              
at  the  surface.  It's very  expensive,  but  is  a  tremendously                                                              
prolific resource.                                                                                                              
                                                                                                                                
SENATOR FRENCH asked how far along it is. Is it permitted?                                                                      
                                                                                                                                
MR. BANKS answered yes.                                                                                                         
                                                                                                                                
4:10:02 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked about  the Cook  Inlet time  table for                                                              
production.                                                                                                                     
                                                                                                                                
MR.  BANKS  said he  didn't  have  an estimate  off-hand  for  oil                                                              
production, but the  division has an estimate of  gas potential in                                                              
Cook Inlet;  numbers are not in  the trillions. The USGS  is about                                                              
to  complete a  resource assessment  of  Cook Inlet  that will  go                                                              
after a more  sophisticated estimate for undiscovered  technically                                                              
recoverable  resource.  He  believes   there  are  reserves  of  1                                                              
trillion  to  3  trillion  cubic   feet  of  gas  in  undiscovered                                                              
resources.                                                                                                                      
                                                                                                                                
4:12:57 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked how  many  acres  are leased  by  the                                                              
North  Slope   in  Cook  Inlet   that  are  not   currently  being                                                              
developed, and  do we have  tools to estimate  rates of  return on                                                              
those fields under a different tax structure.                                                                                   
                                                                                                                                
MR.  BANKS  said  that  is a  difficult  question,  and  he  would                                                              
respond to it later.                                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI said  he heard  from  various producers  and                                                              
explorers that  they would  develop more fields  with a  change in                                                              
tax structure.                                                                                                                  
                                                                                                                                
4:15:48 PM                                                                                                                    
SENATOR MCGUIRE asked Mr. Banks to comment on North Slope shale.                                                                
                                                                                                                                
MR. BANKS  replied that  it is definitely  worth paying  attention                                                              
to.                                                                                                                             
                                                                                                                                
CO-CHAIR PASKVAN  said they are  hoping to have a  presentation on                                                              
shale oil in 3-4 weeks.                                                                                                         
                                                                                                                                
SENATOR FRENCH asked  for an update on ConocoPhillips  getting the                                                              
permit for crossing the Coleville River.                                                                                        
                                                                                                                                
MR.  BANKS answered  that higher-ups  in the  Corps have  remanded                                                              
the  decision  to  revisit  their  previous  decision.  There  was                                                              
concern about  burying a  pipe rather than  letting it  cross over                                                              
the river, and ConocoPhillips is still waiting for a decision.                                                                  
                                                                                                                                
SENATOR FRENCH asked  if the long-time future development  of NPRA                                                              
demands a bridge at some point.                                                                                                 
                                                                                                                                
MR. BANKS answered  he couldn't agree more; three  quarters of gas                                                              
is in the Arctic and a crossing is essential.                                                                                   
                                                                                                                                
4:21:48 PM                                                                                                                    
SENATOR   FRENCH    noted   that   sometimes   the    public   has                                                              
misconceptions  on  how  ACES applies  to  different  sections  of                                                              
land.                                                                                                                           
                                                                                                                                
MR.  BANKS  responded that  the  tax  system applies  to  on-shore                                                              
federal  land, including  NPRA.  Alaska shares  in royalties  from                                                              
the  NPRA,  but  those  revenues  are  dedicated  by  the  federal                                                              
government  to local impact  funding. The  current status  of ANWR                                                              
is that  the state would receive  ninety percent of  the royalties                                                              
from development  of ANWR.  In attempts to  gain approval  to open                                                              
ANWR, our  delegation has  been willing  to accept fifty  percent,                                                              
but that  hasn't happened.  The  OCS provides  a minimal share  of                                                              
royalty sharing.                                                                                                                
                                                                                                                                
4:24:27 PM                                                                                                                    
SENATOR  DYSON noted  that onshore  states in  the Gulf of  Mexico                                                              
have negotiated with  the federal government to  get more revenues                                                              
because of onshore impacts. Would those negotiations include us?                                                                
                                                                                                                                
MR. BANKS said they would not.                                                                                                  
                                                                                                                                
4:25:39 PM                                                                                                                    
CO-CHAIR  PASKVAN  asked  if Mr.  Banks  could  review  commercial                                                              
achievements  in  2010, such  as  completion  of  a study  on  the                                                              
impact of  shale gas  on gas pricing  in the  lower 48,  and other                                                              
items.                                                                                                                          
                                                                                                                                
MR. BANKS  stated that preliminary  economic studies for  a bullet                                                              
line  are being  conducted with  a fresh  look at  costs from  the                                                              
Alaskan  Development Corporation.  Shale  gas  prices and  impacts                                                              
work  was  conducted  by  Black  and Veatch,  and  that  study  is                                                              
available   on  the   DNR  website.   Completion  of   regulations                                                              
governing  calculation  of  royalty value,  and  implementing  the                                                              
aspects of  AGIA that called for  calculating how royalty  in kind                                                              
and royalty in value would be calculated, is not complete.                                                                      
                                                                                                                                
CO-CHAIR PASKVAN  asked if those were the regulations  that assume                                                              
a coupled tax structure for oil and gas.                                                                                        
                                                                                                                                
MR. BANKS said it simplified the calculation.                                                                                   
                                                                                                                                
4:30:43 PM                                                                                                                    
CO-CHAIR PASKVAN  said when it comes  to audits, the  proposed tax                                                              
bill  shortens  the statute  of  limitations  and asked  what  the                                                              
oldest data is that has not yet been audited.                                                                                   
                                                                                                                                
MR. BANKS  replied  that the state  is losing  royalty revenue  as                                                              
they speak  - every month,  as it slips  off the six-year  statute                                                              
of limitations.  Several audits  should have  been done,  but were                                                              
not.                                                                                                                            
                                                                                                                                
SENATOR  DYSON asked  how  close the  Anchorage  area got  several                                                              
weeks ago  to not having  enough gas pressure  to run  their power                                                              
plants.                                                                                                                         
                                                                                                                                
MR.  BANKS  responded  that  MLP  was the  one  company  that  had                                                              
trouble,  and  they  fired  up   their  diesel  plant;  the  other                                                              
utilities could be supplied from other sources.                                                                                 
                                                                                                                                
4:32:38 PM                                                                                                                    
SENATOR DYSON  asked if it was lack  of gas or a problem  with the                                                              
distribution system.                                                                                                            
                                                                                                                                
MR. BANKS  replied that  it was  a question of  who owned  the gas                                                              
supply and  who was  obligated to  deliver it.  He noted  that the                                                              
players play  well together  - getting  gas to  where it  needs to                                                              
be, and then working the details out later.                                                                                     
                                                                                                                                
SENATOR DYSON asked  if there was enough gas to  supply the region                                                              
physically.                                                                                                                     
                                                                                                                                
MR.  BANKS answered  that  there was  enough  gas, but  it was  an                                                              
ownership issue.                                                                                                                
                                                                                                                                
CO-CHAIR  WAGONER  thanked  Mr.   Banks  and  finding  no  further                                                              
business to  come before the  committee, adjourned the  meeting at                                                              
4:35 p.m.                                                                                                                       

Document Name Date/Time Subjects
SRES DOG presentation 1-28-11 KRB.pdf SRES 1/28/2011 3:30:00 PM