Legislature(2009 - 2010)SENATE FINANCE 532

03/26/2009 02:30 PM Senate RESOURCES


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02:39:51 PM Start
02:40:58 PM Presentations: Natural Gas Fiscal Designs
04:56:32 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Joint w/ Senate Finance TELECONFERENCED
Presentations on Natural Gas Fiscal
Designs by Dr. David Wood and Dan
Dickinson, CPA.
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                    SENATE FINANCE COMMITTEE                                                                                  
                         March 26, 2009                                                                                         
                           2:39 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
SENATE RESOURCES                                                                                                                
                                                                                                                                
 Senator Lesil McGuire, Co-Chair                                                                                                
 Senator Bill Wielechowski, Co-Chair                                                                                            
 Senator Charlie Huggins, Vice Chair                                                                                            
 Senator Hollis French                                                                                                          
 Senator Bert Stedman                                                                                                           
 Senator Gary Stevens                                                                                                           
 Senator Thomas Wagoner                                                                                                         
                                                                                                                                
SENATE FINANCE                                                                                                                  
                                                                                                                                
 Senator Lyman Hoffman, Co-Chair                                                                                                
 Senator Bert Stedman, Co-Chair                                                                                                 
 Senator Charlie Huggins                                                                                                        
 Senator Joe Thomas                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE RESOURCES                                                                                                                
                                                                                                                                
 All members present                                                                                                            
                                                                                                                                
SENATE FINANCE                                                                                                                  
                                                                                                                                
 Senator Johnny Ellis                                                                                                           
 Senator Donald Olson                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Presentations: Natural Gas Fiscal Designs                                                                                       
 David Wood, David Wood and Associates                                                                                          
 Dan Dickinson, CPA                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to report.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DR. DAVID WOOD, Consultant                                                                                                      
David Wood and Associates                                                                                                       
United Kingdom (UK                                                                                                              
POSITION STATEMENT: Discussed natural gas fiscal designs.                                                                     
                                                                                                                                
DAN DICKINSON, CPA                                                                                                              
POSITION STATEMENT: Discussed natural gas fiscal designs.                                                                     
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
2:39:51 PM                                                                                                                    
CO-CHAIR  BERT STEDMAN  called the  joint meeting  of the  Senate                                                               
Resources Standing Committee and  the Senate Finance Committee to                                                               
order at  2:39 p.m. Present  at the  call to order  were Senators                                                               
McGuire,   Wielechowski,  French,   Wagoner,  Huggins,   Stedman,                                                               
Hoffman, Stevens, and Thomas.                                                                                                   
                                                                                                                                
^Presentations: Natural Gas Fiscal Designs                                                                                      
                                                                                                                                
2:40:58 PM                                                                                                                    
CO-CHAIR STEDMAN  announced the first presentation  would be from                                                               
Dr. David Wood on natural gas fiscal designs.                                                                                   
                                                                                                                                
2:42:10 PM                                                                                                                    
DR.  DAVID WOOD,  Consultant, David  Wood and  Associates, United                                                               
Kingdom  (UK), said  he had  worked extensively  on international                                                               
gas  and fiscal  issues and  his report  is an  eight-month study                                                               
completed  in December  last year.  His intention  is to  present                                                               
highlights of  that report and  discuss some of  the developments                                                               
and  issues that  have  arisen since  the  first presentation  in                                                               
December.                                                                                                                       
                                                                                                                                
He said  the aim of  the report was  to look at  Alaska's natural                                                               
gas fiscal regime  and to compare it to other  gas regimes around                                                               
the  world.  The   other  parts  of  the   report  evaluated  the                                                               
components of  Alaska's natural gas  fiscal regime by  looking at                                                               
how it performs  for 10 natural gas fields  - both non-associated                                                               
and associated  gas fields. The  mandate for this report  was not                                                               
to  look at  a gas  line  or existing  fields in  terms of  those                                                               
currently producing,  but to look  at a range of  possible fields                                                               
that could be  developed in the future; the study  is a series of                                                               
hypothetical fields.  It was  necessary to  build a  fiscal model                                                               
with  a multi-year  cash flow  analysis to  look at  the economic                                                               
performance both in  terms of the fields involved  and to analyze                                                               
in detail the different elements of the fiscal system.                                                                          
                                                                                                                                
2:45:51 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  for   more  information  about  his                                                               
background   and  if   his  typical   clients  are   industry  or                                                               
government.                                                                                                                     
                                                                                                                                
MR.  WOOD responded  that he  is a  geologist and  worked in  the                                                               
1980s for Phillips  Petroleum, Amoco and a  number of independent                                                               
Canadian and  UK companies.  Much of his  career in  industry was                                                               
conducted in  South America, the Middle  and the Far East.  He is                                                               
also trained  in petroleum  economics. For the  last 10  years he                                                               
has  worked as  an independent  consultant focusing  primarily on                                                               
international gas  and fiscal  terms. He  is published  widely on                                                               
fiscal analysis  of both oil  and gas.  The clients he  works for                                                               
vary from oil  and gas operating companies,  but also governments                                                               
and he  does training  for companies.  He doesn't  represent this                                                               
issue from the perspective of a  producing oil and gas company or                                                               
from a government's perspective. He is  trying to look at it from                                                               
both perspectives, and he is used  to doing that in the course of                                                               
his work.                                                                                                                       
                                                                                                                                
2:48:23 PM                                                                                                                    
MR. WOOD  said his presentation  is an  analysis of more  than 20                                                               
major  gas producers  and he  will use  five or  six of  those to                                                               
illustrate  the  complexity  and  diversity  of  fiscal  designs,                                                               
specifically those elements that  can be considered as regressive                                                               
and progressive,  around the world. Those  countries are planning                                                               
to deliver  gas into  North America and  the fiscal  systems that                                                               
they  operate will  influence the  cost  of gas  supply into  the                                                               
Lower 48 states. That gas will compete with Alaska gas.                                                                         
                                                                                                                                
He said he  will also discuss the multi-year cash  flow model and                                                               
address  the  issues  of  fiscal  instability,  credibility,  and                                                               
fiscal  certainty that  are very  important in  terms of  getting                                                               
long-term  off-take agreements  with  gas  producing nations.  As                                                               
part  of the  conclusions and  recommendations he  would identify                                                               
some of  the issues that could  be improved upon by  further work                                                               
in understanding the gas fiscal design in Alaska.                                                                               
                                                                                                                                
2:51:16 PM                                                                                                                    
MR.  WOOD said  fiscal designs  are best  driven by  clear fiscal                                                               
strategies and  objectives. He  showed a  diagram with  three key                                                               
objectives: sovereign take, local focus/jobs, and investment.                                                                   
                                                                                                                                
SENATOR FRENCH asked what local content focus means.                                                                            
                                                                                                                                
MR.  WOOD answered  that "local  content" means  involvement with                                                               
local  companies  or  "local  hire."  His  diagram  showed  where                                                               
different  countries prioritize  their objectives.  North America                                                               
is  very   much  focused  on  encouraging   investment  and  work                                                               
programs.  Many  of  the  OPEC   countries  focus  very  much  on                                                               
maximizing the  sovereign take; other countries  prioritize local                                                               
content. Norway stands out in that regard for many decades.                                                                     
                                                                                                                                
2:55:01 PM                                                                                                                    
MR. WOOD said Alaska  gas needs to get to the  Lower 48 market by                                                               
whatever  means  it can.  In  2007,  large  amounts of  gas  were                                                               
imported into the Lower 48 from  Canada, as well as large amounts                                                               
of LNG from a  range of countries - at the  point his diagram was                                                               
created Trinidad  and Tobago supplied  60 percent of  the imports                                                               
into  the Lower  48.  For  obvious reasons  that  is  one of  the                                                               
closest of the countries able to supply LNG.                                                                                    
                                                                                                                                
He  said the  orange dots  and  yellow squares  indicate the  LNG                                                               
regasification terminals, most  of which are located  on the East                                                               
and Gulf  Coasts. In  the last  year the  Costa Azul  terminal in                                                               
Northern Mexico received LNG from  across the Pacific and it will                                                               
soon receive it from the  Sakhalin project in eastern Russia, but                                                               
also potentially  from Australia and  Indonesia and a  wide range                                                               
of other  countries. The  cost of  LNG is  dependent on  the cost                                                               
structure of the  developments, but it is also  influenced by the                                                               
fiscal designs that each of those countries has in place.                                                                       
                                                                                                                                
2:57:46 PM                                                                                                                    
SENATOR  HUGGINS   said  that   Dr.  Myers'   overview  yesterday                                                               
described that presently, because of the  cost of gas in the U.S.                                                               
that  Europe and  the  Pacific  Rim are  more  attractive to  LNG                                                               
producers; so  not much will be  coming into the Lower  48 in the                                                               
near future. "Could you help us out with that?"                                                                                 
                                                                                                                                
MR.  WOOD  said that  is  a  good  point. The  justification  for                                                               
building  all the  capacity for  LNG  receiving terminals  didn't                                                               
envision gas  at less than  $5/mmbtu. At the moment,  the volumes                                                               
coming into  the U.S.  are much  lower than  they have  been, but                                                               
most  in the  industry believe  that is  a relatively  short term                                                               
situation.                                                                                                                      
                                                                                                                                
The next slide  showed a huge amount of gas  coming from domestic                                                               
production -  conventional gas  and large  volumes of  deep water                                                               
gas from  the Gulf  of Mexico.  He remarked  that Dr.  Myers also                                                               
mentioned unconventional gas - deep  tight gas, coal bed methane,                                                               
and shale gas - playing  significant contributions. Even with all                                                               
that, there is still a requirement  for more gas and forecasts of                                                               
demand increasing.  There is an  expected roll for LNG,  he said,                                                               
with small amounts  from Norway and potentially  larger ones from                                                               
the  field   north  of   Russia,  when   it  is   developed,  but                                                               
particularly  from  North  Africa  and  the  Middle  East.  Qatar                                                               
Petroleum  and  Exxon  Mobil  are   planning  to  move  LNG  long                                                               
distances into both  Europe and North America.  Large projects in                                                               
West Africa  - Nigeria,  Equatorial Guinea  already -  and Angola                                                               
are under  development. The major companies  - ExxonMobil, Shell,                                                               
BP and others - are all  heavily investing in these projects - in                                                               
many  cases  tens of  billions  of  dollars  - and  moving  large                                                               
reserves of gas  - not all destined for North  America, but other                                                               
markets  in Europe  and  Asia. Clearly,  they  will be  competing                                                               
sources of gas into North America.                                                                                              
                                                                                                                                
3:01:26 PM                                                                                                                    
MR.  WOOD  said Australia,  Indonesia,  Papua  New Guinea,  Peru,                                                               
Qatar and Sakhalin  projects involving major oil  and gas company                                                               
investments have the North American  market as part of their long                                                               
term development  plan. It is  important to recognize  that there                                                               
will be  competition from  conventional and  unconventional Lower                                                               
48 gas  and from LNG coming  from a wide range  of sources around                                                               
the world. The cost of supply  of that LNG is strongly influenced                                                               
by the fiscal designs of  each of those countries. However, these                                                               
designs differ quite significantly  and are "quite complex supply                                                               
chains."                                                                                                                        
                                                                                                                                
One of the differences between moving  gas by LNG and by pipeline                                                               
is that  a pipeline moves  gas from point  "A" to point  "B," but                                                               
one  of the  beauties of  LNG  technology is  its flexibility  in                                                               
being able to go to a  wide range of destinations. Because of the                                                               
high cost,  most LNG  is actually  contracted on  long-term basis                                                               
take  or  pay  contracts  to  two or  three  customers.  But  the                                                               
possibility of  moving some of  the LNG to other  markets exists.                                                               
The main  markets for LNG  are East Asia (particularly  Japan and                                                               
Korea), Europe,  and North America.  It is mostly indexed  to oil                                                               
prices, particularly into Japan, and  in Europe it may be related                                                               
to oil products if not directly.                                                                                                
                                                                                                                                
In  2007/08,  nuclear  plants  went  down  in  Japan;  it  had  a                                                               
shortfall of LNG  and was prepared to pay in  excess of $20/mmbtu                                                               
for short  term cargoes  of it. This  is significant  because for                                                               
that period  of time,  those producers that  were able  to divert                                                               
their cargoes diverted  to Japan because they  could double their                                                               
value.  That meant  there was  less gas  coming to  the U.S.  and                                                               
Europe for almost a year.                                                                                                       
                                                                                                                                
This flexibility comes at a  price; it's less reliable because if                                                               
someone else  in the  world is  prepared to  pay a  higher price,                                                               
that LNG  will, if  contractually possible,  be diverted  to that                                                               
location. This flexibility makes it less reliable.                                                                              
                                                                                                                                
3:05:09 PM                                                                                                                    
MR. WOOD said  the last year has seen dramatic  changes in demand                                                               
and prices.  Slide 9  should be labeled  "Natural Gas  Imports to                                                               
the U.S." and  over a decade the numbers  rise progressively with                                                               
a lot of  spread particularly in 2001/02. In 2008,  for the first                                                               
time the volumes  of gas imports fall. It is  not related just to                                                               
the economic downturn, but to  the increase of unconventional gas                                                               
production, particularly  shale gas  - particularly  during 2007,                                                               
and the increase of domestic gas production.                                                                                    
                                                                                                                                
Slide 10 shows an excess of  2 bcf/day of LNG being imported into                                                               
the U.S. in  2006/07, but it was fairly flat,  about 1 bcf/day in                                                               
2008 and  is remaining that way.  The drop is due  largely to the                                                               
increase production  from unconventional  Lower 48 gas.  But more                                                               
recently it has been influenced by the economic downturn.                                                                       
                                                                                                                                
3:08:05 PM                                                                                                                    
MR.  WOOD  said another  influencing  factor  was that  most  LNG                                                               
producers,  particularly in  the  January to  April 2008  period,                                                               
were  more  enthusiastic about  selling  their  gas to  Japan  at                                                               
$20/mmbtu than  selling it into the  U.S. So a number  of factors                                                               
are at play,  but the overriding one is the  increase in domestic                                                               
gas production.                                                                                                                 
                                                                                                                                
SENATOR FRENCH  asked the average  daily natural  gas consumption                                                               
in the United States.                                                                                                           
                                                                                                                                
MR. WOOD  replied that the 2  bcf/day amounts to about  5 percent                                                               
of total consumption. Two different  slides show how imports have                                                               
changed in 2008, and going forward  how they are dominated by gas                                                               
from  Canada  until 2030  when  it  then significantly  declines,                                                               
along with a  significant increase in the amount  of gas forecast                                                               
from LNG,  but more  than trickling in  in the  post-2020 period.                                                               
So, there is  the expectation for a significant amount  of LNG to                                                               
fill that imports requirement.                                                                                                  
                                                                                                                                
Gas  from   Mexico  is  gradually  declining.   The  net  imports                                                               
represent a  relatively small component of  U.S. gas consumption,                                                               
but the  December forecast indicates net  imports declining quite                                                               
significantly from  2010 through  2030. The  main reason  for the                                                               
decline  is  the  massive  increase   in  expected  volumes  from                                                               
unconventional  gas.  Alaskan gas  begins  to  play a  much  more                                                               
significant role  by 2030  than the net  imports. But  clearly in                                                               
terms of  volume comparisons, Alaska  will be competing  with the                                                               
net imports of which LNG is going to be a big component.                                                                        
                                                                                                                                
3:12:47 PM                                                                                                                    
SENATOR FRENCH asked if Alaska is using 22-23 tcf/annually.                                                                     
                                                                                                                                
MR. WOOD answered  yes, and the slide indicates that  LNG is less                                                               
than  1   tcf/annually.  The   economic  downturn   is  impacting                                                               
internationally  traded  LNG. The  expectation  is  that the  LNG                                                               
market will be oversupplied for two  or three years and that will                                                               
impact world gas prices and  influence commitments to develop new                                                               
LNG projects.  This delays investment  in new capacity,  and that                                                               
means as demand increases less  capacity will be available; so in                                                               
the  longer term,  2015-2020, we  might have  another marked  gas                                                               
price  increase. So,  expectations for  the next  decade probably                                                               
are  oversupply going  to  a shortfall,  and  that suggests  that                                                               
we're in for a period of volatile gas prices.                                                                                   
                                                                                                                                
3:15:46 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if his graphs take  potential cap and                                                               
trade or carbon tax legislation into consideration.                                                                             
                                                                                                                                
MR. WOOD  replied that  these particular ones  have not,  but cap                                                               
and trade  legislation should benefit  gas, because of  being the                                                               
least  carbon  emitter  of  the fossil  fuels.  It  is  competing                                                               
internationally in most cases against  coal for power generation,                                                               
and  the  cap   and  trade  mechanisms  will   penalize  coal  in                                                               
preference  for  gas  - unless  carbon  sequestration  technology                                                               
enables  coal to  continue at  current levels.  So, most  cap and                                                               
trade  scenarios would  suggest that  gas demand  globally should                                                               
increase rather than decrease in this period of time.                                                                           
                                                                                                                                
3:17:07 PM                                                                                                                    
MR. WOOD  said North America  is competing with other  regions to                                                               
secure supply of  LNG. Historical data indicates  the big markets                                                               
for gas imports in Europe  have experienced significant growth in                                                               
the last 20  years and expectations are that it  will continue to                                                               
grow  at  similar rates  because  the  indigenous gas  supply  is                                                               
declining.                                                                                                                      
                                                                                                                                
OECD Pacific includes  Australia, Japan, Korea and  Taiwan. So in                                                               
that  group they  have an  LNG producer  (Australia) and  big LNG                                                               
consumers  (Japan  and Korea).  They  also  have increased  their                                                               
demand for  imported natural gas  over the past two  decades, but                                                               
with massive  investment going  into Australia,  the expectations                                                               
are that  the net import position  for LNG will not  grow as fast                                                               
for that particular region.                                                                                                     
                                                                                                                                
The  2020-30 forecast  indicates natural  gas imports  into North                                                               
America are going  to grow rapidly, but still  in comparison with                                                               
Europe  and OECD  Pacific until  2030  they are  much smaller  in                                                               
overall volume.                                                                                                                 
                                                                                                                                
China and India  start from very low current  import volumes, and                                                               
expectations   are  that   their   demand  for   LNG  will   grow                                                               
significantly.  So, the  LNG sector  has  competition from  these                                                               
areas, and delaying investments in  the large LNG projects during                                                               
that shortage  of supply in the  2020/30 period is going  to mean                                                               
it won't be  so easy for North America to  secure that LNG should                                                               
it want to  at that particular time. That gives  Alaskan gas some                                                               
competitive advantages in trading  into the North American market                                                               
in the 2020/30 period.                                                                                                          
                                                                                                                                
3:20:21 PM                                                                                                                    
MR. WOOD  said to illustrate what  is happening at the  moment in                                                               
the international  gas liquifaction sector, several  new projects                                                               
are just about ready to come  on stream or have already. But over                                                               
the next three  years large capacities are in  advanced stages of                                                               
construction in various parts of  the world - in Qatar, Sakhalin,                                                               
Indonesia, and  Yemen. A fifth  train off the Northwest  shelf of                                                               
Australia came on stream at the end  of 2008 and it is ramping up                                                               
to  full capacity.  Other projects  in Algeria,  Angola, Nigeria,                                                               
and Peru  are under  construction and  due to  come on  stream in                                                               
2011.  Almost half  of the  99.5  mm/tons of  capacity coming  on                                                               
stream  during the  2009/12 period  is coming  from Qatar,  which                                                               
will become  even more significant  in terms of  its contribution                                                               
to worldwide LNG capacity.                                                                                                      
                                                                                                                                
Beyond 2013,  a large number of  projects are at the  stage where                                                               
investment decisions  are about to  be made. Of course,  with the                                                               
current economic situation investment  decisions on many of these                                                               
projects  is now  under question.  They may  well be  delayed and                                                               
it's this delay for the projects  listed on the right of slide 14                                                               
that could lead  to a shortfall in energy  capacity and potential                                                               
price increases going forwards.                                                                                                 
                                                                                                                                
MR. WOOD  said he hoped he  had convinced them that  LNG is going                                                               
to  compete with  Alaska  gas for  the  additional capacity,  and                                                               
consequently, LNG  from almost all  of these countries  will have                                                               
cost of  supply issues that  will be  influenced by their  set of                                                               
fiscal designs. So understanding how  these countries tax and put                                                               
their fiscal designs together is a worthwhile exercise.                                                                         
                                                                                                                                
3:23:46 PM                                                                                                                    
MR.  WOOD said  his reports  outlines a  number of  countries and                                                               
structures.  In  overview  terms, petroleum  fiscal  designs  are                                                               
divided  into two  main  generic types  of  structures -  mineral                                                               
interest  concessionary systems  with terms  of tax  and royalty.                                                               
This is  the North American system  and the system in  Alaska and                                                               
many other OECD countries. They  have leases, licenses and fiscal                                                               
mechanisms  that are  driven by  royalties and  taxes. The  other                                                               
structure is contractual terms.                                                                                                 
                                                                                                                                
The  contractual  systems  (as   opposed  to  lease  and  license                                                               
systems) and production sharing  agreements (PSA) and productions                                                               
sharing  contracts  (PSC) are  very  much  the dominant  type  of                                                               
alternative.  Service  contracts  and  hybrid  contracts  are  in                                                               
between. PSAs originated in Indonesia  in the 1960s and very much                                                               
from the  concerns of the  producing nations over their  title to                                                               
reserves.  Under PSAs,  the producers  at no  time have  title to                                                               
reserves and gain their share of revenues from production.                                                                      
                                                                                                                                
On  the  other  hand,  in   the  mineral  interest  systems,  the                                                               
producers gain  title to lease arrangements  and hydrocarbon laws                                                               
to  the reserves  as they  are  produced. Some  of countries  use                                                               
PSAs, some  use mineral  interest agreements  and some  are using                                                               
both.  The  world  has  a  wide  diversity  of  operating  fiscal                                                               
systems.                                                                                                                        
                                                                                                                                
3:26:22 PM                                                                                                                    
MR. WOOD  said his  report has detail  regions (with  stars) that                                                               
already have major gas developments  and very large reserves, and                                                               
a few are  included because of the novelty of  the fiscal designs                                                               
that are relevant to gas systems.                                                                                               
                                                                                                                                
He said he selected six countries  from the list to review fiscal                                                               
design structure. They are countries  that can potentially supply                                                               
LNG  into North  America  and are  where the  major  oil and  gas                                                               
companies  have  or are  about  to  invest  tens of  billions  of                                                               
dollars   into  developments.   These  fiscal   designs  are   of                                                               
especially of interest because they  are designs that oil and gas                                                               
companies can live with.                                                                                                        
                                                                                                                                
3:28:49 PM                                                                                                                    
MR. WOOD  said Algeria operates both  mineral interest structures                                                               
and PSAs. A new hydrocarbon  law introduced in 2005 toughened its                                                               
fiscal  take;  it  has  multi-layers  of  tax  both  on  revenues                                                               
(gross), income  (net), and an extraordinary  income windfall tax                                                               
on  oil, which  is effectively  a sliding  scale tax.  It has  an                                                               
agency  dedicated  to  monitoring  gas  contracts  so  they  have                                                               
minimum  take or  pay  inclusions  that are  signed.  One of  the                                                               
significant  points  is that  state  equity  participation is  51                                                               
percent. He  said state  participation is a  key feature  in many                                                               
countries.                                                                                                                      
                                                                                                                                
SENATOR FRENCH asked  if Algeria when it changed its  tax in 2005                                                               
prohibited itself from making future tax adjustments.                                                                           
                                                                                                                                
3:30:57 PM                                                                                                                    
MR. WOOD replied that he understands  that they didn't lock it in                                                               
and are open to making further changes if they wish to.                                                                         
                                                                                                                                
SENATOR FRENCH asked him to let them know if they do.                                                                           
                                                                                                                                
CO-CHAIR  STEDMAN  asked him  to  let  the committee  know  about                                                               
changes by all the countries he is covering.                                                                                    
                                                                                                                                
MR. WOOD  said the report  generally mentions  stability clauses,                                                               
which are more likely to be in PSAs.                                                                                            
                                                                                                                                
SENATOR  FRENCH reminded  him  that  Alaska is  under  a tax  and                                                               
royalty regime.                                                                                                                 
                                                                                                                                
MR. WOOD noted  that most tax royalty regimes  usually don't have                                                               
a commitment  to not  change tax  in the  future. The  issue very                                                               
often  is if  they  are going  to be  retrospective  in terms  of                                                               
impacting licenses and leases that have already been given out.                                                                 
                                                                                                                                
3:32:23 PM                                                                                                                    
MR. WOOD  moved on to Angola  (slide 19), which has  a production                                                               
sharing fiscal  system. For contrast,  Algeria has  large onshore                                                               
non-associated gas  fields and gas condensate  fields. In Angola,                                                               
much  of the  industry development  is associated  with deepwater                                                               
oil  fields  with associated  gas.  There  are large  volumes  of                                                               
associated gas,  but the primary  reserves and the  primary field                                                               
developments are associated with oil.                                                                                           
                                                                                                                                
Alaska has  associated gas  with oil  and it  is located  in deep                                                               
water; so the  issues of developing that gas  are quite different                                                               
from  developing  the onshore  gas  in  Algeria. Of  course,  the                                                               
context of where  the gas is located, whether  it's associated or                                                               
non-associated,   whether  it   has  natural   gas  liquids   and                                                               
condensate  with it  or  not, will  also have  a  bearing on  the                                                               
fiscal  design.  A  key  part   Angola's  fiscal  design  is  the                                                               
involvement of large signature  bonuses associated with licensing                                                               
rounds equivalent  to the  lease sales that  will occur  in North                                                               
America, but  these are  competitive bidding  rounds and  some of                                                               
the signature  bonuses paid for  large areas have  reached almost                                                               
one billion  dollars for some  of the more  prospective licenses.                                                               
Some  of the  companies bidding  at  those levels,  not just  the                                                               
major  international oil  companies,  but also  the national  oil                                                               
companies  - Petro-China,  and the  semi-privatized national  oil                                                               
companies  like  ENI  - have  bid  multi-hundred  million  dollar                                                               
signature bonuses  as part of  acquiring the rights to  drill and                                                               
develop in  these areas. So,  from the  government's perspective,                                                               
the very  high upfront  revenue from the  signature bonuses  is a                                                               
significant component of their fiscal  system and it's a low risk                                                               
part of that design.                                                                                                            
                                                                                                                                
MR. WOOD  said Angola  has the  large signature  bonus component,                                                               
cost  recovery  and uplift  of  capital  costs. The  key  driving                                                               
mechanism for  the profit sharing  is a mechanism linked  to rate                                                               
of return.  The more profitable  the project becomes  the greater                                                               
the share  of revenues that go  to the state. In  periods of very                                                               
high profitability, both the Algerian  and the Angolan state take                                                               
is well in excess of 80 percent of the revenue stream.                                                                          
                                                                                                                                
Norway (slide 20) operates a  mineral interest system, and has no                                                               
royalty or bonuses; all of  its taxation components are very much                                                               
at the income or profitability end  of the cash flow. They have a                                                               
corporate  and special  tax, and  since 2004,  investment uplifts                                                               
over a four-year period were  introduced that provide shelter for                                                               
the  smaller fields  have been  introduced against  their special                                                               
tax. So,  what is interesting here  is that many large  and small                                                               
companies have  been attracted in  recent years to  sign licenses                                                               
with  Norway  being  attracted  particularly  by  the  investment                                                               
uplift,  which  works  a  little  bit  like  Alaska's  investment                                                               
credits. It also has taxes on CO emissions.                                                                                     
                                2                                                                                               
                                                                                                                                
3:38:01 PM                                                                                                                    
Norway's stated fiscal strategy is  interesting in that they have                                                               
no fiscal stability clause and they  have the right to change and                                                               
exercise  that right  to  change their  mechanisms  from time  to                                                               
time. But  they have  certainly convinced  the industry  of their                                                               
intention of being a "sleeping  partner" with their role being to                                                               
keep projects commercially viable, but  at the same time maximize                                                               
the position of the state. Marginal  tax rates are a little short                                                               
of 80 percent,  a relatively high take that is  at the profitable                                                               
end.                                                                                                                            
                                                                                                                                
Papua New Guinea (slide 21) has  a mineral interest system; it is                                                               
a  very isolated  and relatively  underdeveloped country,  but it                                                               
has wrestled with  the development of large gas  reserves for the                                                               
past  few decades.  It spent  maybe five  years trying  to get  a                                                               
gasline from Papua New Guinea  to Queensland and then shifted its                                                               
strategy  to LNG;  it is  now in  the feed  stage of  several LNG                                                               
projects,  the  largest  one being  with  ExxonMobil.  The  final                                                               
investment decision on  that is expected within the  next year or                                                               
so. The fiscal  mechanism has gone through  legislation to ratify                                                               
and fix for a period of time. So,  in this case there is a fiscal                                                               
stability  associated  with  these particular  terms.  Again,  he                                                               
said, the  terms are  small royalty,  income tax,  and additional                                                               
profits tax, which  is driven by the rate of  return generated by                                                               
the  project  and that  additional  profit  tax  goes up  as  the                                                               
project becomes more profitable.                                                                                                
                                                                                                                                
3:40:52 PM                                                                                                                    
MR. WOOD  said state  equity participation is  a feature  of this                                                               
fiscal regime - 22.5 percent with  2 percent of that going to the                                                               
local landowners.                                                                                                               
                                                                                                                                
Qatar  operates under  PSAs; and  Qatar  Petroleum has  65 to  70                                                               
percent equity  participation in  its projects. Fifty  percent of                                                               
the revenue allocation is for  cost recovery, but the main profit                                                               
sharing component is  linked to volume of production,  and gas is                                                               
sold  at   a  relatively  low   price  from  the  field   to  the                                                               
liquifaction   terminal.  The   liquifaction   terminal  pays   a                                                               
corporate  tax. The  NGLs are  taxed according  to an  "R factor"                                                               
that  is   the  ratio  of   cumulative  revenues   to  cumulative                                                               
expenditures. This  is a  fiscal feature  used in  many contracts                                                               
around the world to drive the profit sharing.                                                                                   
                                                                                                                                
Trinidad (slide 23)  is a major LNG supplier to  the U.S. It runs                                                               
both  a mineral  interest system  and a  PSA system  with sliding                                                               
scales of  taxation in  both and  those are  linked to  price and                                                               
volume in the production sharing structure.                                                                                     
                                                                                                                                
3:43:47 PM                                                                                                                    
The committee took an at ease at 3:43 p.m.                                                                                      
                                                                                                                                
3:52:40 PM                                                                                                                    
The meeting was called back to order at 3:52 p.m.                                                                               
                                                                                                                                
MR. WOOD  continued his presentation  saying the report  not only                                                               
takes into account  the size of the reserves,  fiscal designs and                                                               
structures,   but  risks   and   opportunities  associated   with                                                               
developing in the large resource  areas as well. The positions of                                                               
various countries are  linked to reserve size on  the slide. Once                                                               
a  gasline  is  developed,  a higher  opportunity  of  developing                                                               
additional resources  would improve investment  opportunities and                                                               
decisions. So, risk and opportunity is an important component.                                                                  
                                                                                                                                
The  overall  government take  is  easy  to  use to  compare  the                                                               
different  fiscal systems,  but each  gas resource,  the size  of                                                               
that resource,  the cost to develop  it, and the prices  that are                                                               
prevailing will  influence the state  take. However,  in general,                                                               
he said, as prospectivity and  reserve size increases, government                                                               
take  typically  increases as  well.  Certainly  in the  big  gas                                                               
producing countries government takes in  excess of 90 percent are                                                               
seen. On the other hand, in  less developed countries the take is                                                               
lower.                                                                                                                          
                                                                                                                                
3:54:44 PM                                                                                                                    
MR.  WOOD  mentioned  that  different   fiscal  elements  can  be                                                               
combined  to optimize  the government  take.  His diagram  showed                                                               
that some  of the project  revenues from selling Alaskan  gas are                                                               
used for  development and operating  costs; the  profit component                                                               
that  is  left and  the  rent  component  is  key to  the  fiscal                                                               
designs.  The  various  instruments  used can  be  classified  as                                                               
regressive or progressive. Regressive means  when the costs go up                                                               
and  prices go  down;  a regressive  tax often  leads  to a  much                                                               
larger  share of  profits falling  into the  taxable portion.  So                                                               
typically property taxes and royalties  are regressive in nature,                                                               
but on the other hand those  taxes that are levied on profits and                                                               
further  through the  cash flow  system are  more progressive  in                                                               
nature.                                                                                                                         
                                                                                                                                
Norway's fiscal design  was very much focused  on the progressive                                                               
end  of this  scale whereas  other examples,  like Egypt,  have a                                                               
fiscal  design  based on  production  volumes  and falls  on  the                                                               
regressive end.  But generally, the  two are mixed.  He explained                                                               
that  for governments  it's much  lower risk  to have  regressive                                                               
taxes. On  the other hand,  producers prefer to  have progressive                                                               
taxation because it  means that they pay taxes  when the projects                                                               
are profitable, but none when they are not profitable.                                                                          
                                                                                                                                
3:57:25 PM                                                                                                                    
SENATOR FRENCH  asked him to speak  a little more about  the need                                                               
to have a commercially attractive  environment and what degree of                                                               
fiscal stability  is needed. This  has been one of  the struggles                                                               
in coming  to terms  with the state's  gas pipeline.  AGIA offers                                                               
ten years  worth. How much  fiscal stability should  Alaska offer                                                               
and to what degree are  the requests for fiscal stability offered                                                               
up in the bargaining and then  let go as an element of bargaining                                                               
between industry and governments?                                                                                               
                                                                                                                                
MR.  WOOD replied  that is  a very  involved topic  and question.                                                               
"Fiscal stability is clearly important."  His view is if you have                                                               
a fiscal  design that  is flexible  and has  progressive elements                                                               
and also  some regressive  elements to  provide security  of base                                                               
level  revenues, that  design can  significantly reduce  the need                                                               
for  a  clause  that  guarantees that  the  fiscal  regime  won't                                                               
change. Because  if it is  structured such  that it works  over a                                                               
wide range of  economic and production conditions,  then the need                                                               
for a guaranteed statement of fiscal certainty falls away.                                                                      
                                                                                                                                
     So,  my view  is that  you're better  to address  it by                                                                    
     having  a  flexible  fiscal   design,  but  clearly  in                                                                    
     certain  circumstances,  where  we're talking  about  a                                                                    
     billion dollars in investment and  tens of years before                                                                    
     returns on  that investment are  going to  be achieved,                                                                    
     then it  may be  necessary to  enter into  clauses that                                                                    
     guarantee certainty  for a period  of time. If  you do,                                                                    
     as a  government, have to offer  those guarantees, then                                                                    
     my view is that you have  to be sure that your baseline                                                                    
     regressive  elements  are  adequate  to  meet  changing                                                                    
     conditions.                                                                                                                
                                                                                                                                
4:00:30 PM                                                                                                                    
SENATOR  FRENCH  asked  whether he  thinks  in  his  professional                                                               
opinion that  Alaska has such a  system in place now  in the ACES                                                               
legislation - as well as the royalty regressive elements.                                                                       
                                                                                                                                
CO-CHAIR STEDMAN interrupted to say  that Mr. Wood had spent time                                                               
looking  at 10  hypothetical  fields  and is  in  the process  of                                                               
getting established  with LB&A  to look  at Prudhoe,  Kuparek and                                                               
Pt.   Thomson,  which   will   give  him   a   better  feel   for                                                               
Alaska/Pacific issues. He  clarified that this is  the first step                                                               
in many  steps and that  Mr. Wood  could answer that  question in                                                               
any manner he is comfortable.                                                                                                   
                                                                                                                                
MR. WOOD responded that he sees  the need for Alaska's tax regime                                                               
to be more flexible and  to target incentives and allowances more                                                               
easily against the regressive  elements in certain circumstances.                                                               
The issue  of gas and oil  being very tightly linked  together in                                                               
that system reduces the flexibility.                                                                                            
                                                                                                                                
4:02:09 PM                                                                                                                    
CO-CHAIR STEDMAN said  LB&A would soon get a  request for further                                                               
analyses  by  Dr. Wood  with  a  preliminary discussion  in  late                                                               
summer early fall  and a final report in the  middle of November.                                                               
He repeated that this is early in the process.                                                                                  
                                                                                                                                
MR.  WOOD  said  his  slide  illustrates  the  difficulties  with                                                               
regressive elements.  Royalty can  take a relatively  small share                                                               
of the profit at low prices,  but the same percentage royalty can                                                               
eat  up  a huge  part  of  profit  -  the problem  of  regressive                                                               
elements  for  producing   companies.  Sometimes  allowances  and                                                               
incentives are needed to limit their downside impacts.                                                                          
                                                                                                                                
He showed a  schematic of Alaska's prevailing  fiscal design that                                                               
he had  worked on with  Dan Dickinson  to try and  illustrate the                                                               
different levels of  taxation in Alaska to highlight  the fact of                                                               
several layers of  taxation that are calculated  on different tax                                                               
bases: property taxes,  royalty that is calculated on  a point of                                                               
production   value  (gross   value)   after   an  allowance   for                                                               
transportation costs,  production taxes that are  calculated on a                                                               
production  tax  value  base  (net  base),  and  a  progressivity                                                               
component that comes  into play at higher  production tax values.                                                               
Making  assumptions  of $25/barrel  of  oil  equivalent (BOE)  in                                                               
costs would mean that the  progressivity element would kick in at                                                               
around  $55/BOE.  In  2008 the  progressivity  element  played  a                                                               
significant  role in  raising revenues  for Alaska.  Then it  has                                                               
Alaska  corporate income  tax and  federal income  tax on  top of                                                               
that.                                                                                                                           
                                                                                                                                
4:05:09 PM                                                                                                                    
MR.  WOOD pointed  out  that  like a  number  of other  countries                                                               
Alaska has  a number of  layers of taxes calculated  on different                                                               
bases; of these, the royalty,  property taxes, and production tax                                                               
floor are  the regressive elements.  The investment  credits, the                                                               
production   taxes,   the   progressivity  components   are   the                                                               
progressive elements.                                                                                                           
                                                                                                                                
MR. WOOD stated that the  changes introduced into Alaska's design                                                               
in  2005  through  2008  have   generally  introduced  levels  of                                                               
progressivity, but because  of the higher production  tax rate of                                                               
25  percent, they  have  also increased  the  overall state  take                                                               
which has made some of the smaller fields less commercial.                                                                      
                                                                                                                                
Part of  the study was  focused on the progressivity  elements of                                                               
Alaska's fiscal  design, particularly the  combined progressivity                                                               
tax, because it  combines the revenue streams of oil  and gas and                                                               
calculates  them on  a BOE  basis with  a simple  6:1 gas  to oil                                                               
ratio. Much of the report looks  at how that progressivity tax is                                                               
currently structured and  how it might be  modified by separating                                                               
the calculation for gas and oil.                                                                                                
                                                                                                                                
4:07:10 PM                                                                                                                    
MR. WOOD said one of the  problems the report illustrates is that                                                               
by having  progressivity calculated  on a combined  basis, Alaska                                                               
can end  up with a  situation of having large  production volumes                                                               
of  gas  when  gas  is  at  a  relatively  low  price  to  oil  -                                                               
effectively diluting the  combined production tax value  on a BOE                                                               
basis,  thereby  reducing  the   progressivity  elements  of  the                                                               
taxation.                                                                                                                       
                                                                                                                                
The  progressivity tax  trigger is  difficult to  set at  a point                                                               
where it is  effective for both gas and oil  on a combined basis,                                                               
and he  thought it would be  easier to set progressivity  if they                                                               
were separate. Also  tying the production tax floor  to the gross                                                               
level  (the  point   of  production  value)  can   lead  to  some                                                               
complications to the way in  which the production tax calculation                                                               
works.                                                                                                                          
                                                                                                                                
The  outcome  for progressivity  for  natural  gas can  create  a                                                               
dilution effect  if the  gas prices  are low  and oil  prices are                                                               
high, but the relative volumes of  oil and gas make a difference,                                                               
too,  Mr. Wood  said. On  the  North Slope,  oil production  will                                                               
decline  and  gas  production  will increase.  So  the  issue  of                                                               
varying prices  and volumes  will come into  play with  those two                                                               
products  there.  Reinvestment  can   reduce  the  liability  for                                                               
progressivity   quite  significantly,   but  again   that  varies                                                               
depending  on  volumes  and  prices.  His  slides  summarize  the                                                               
analysis of  how gas potentially  dilutes the production  tax and                                                               
progressivity values on a combined basis.                                                                                       
                                                                                                                                
4:10:03 PM                                                                                                                    
SENATOR FRENCH said  he didn't really understand  the charts that                                                               
well and suggested  getting both charts and  a numerical printout                                                               
so they can see the net effect on the tax.                                                                                      
                                                                                                                                
MR.  WOOD agreed  to do  that  and went  on to  explain that  gas                                                               
production tax values  below $20 BOE generally act  as a diluting                                                               
effect.  The other  significant point  qualitatively to  get from                                                               
this  diagram  is  that  the lines  aren't  straight;  the  curve                                                               
relates to  the structure of  the progressivity tax, but  it also                                                               
makes it quite  difficult to exactly predict  the influence. That                                                               
influence depends on the relative prices of oil and gas.                                                                        
                                                                                                                                
4:13:17 PM                                                                                                                    
MR. WOOD said  the more that is reinvested, the  more dilution is                                                               
involved. He said these diagrams  are showing how difficult it is                                                               
for investor's to predict the  outcomes of their investment. Will                                                               
producing  more gas  have  a  positive or  negative  effect on  a                                                               
particular  field? Having  oil and  gas  combined together  makes                                                               
some of  these decisions  quite difficult  from both  the state's                                                               
and the producers' position. He  said the magnitude of the impact                                                               
will vary because  of the price and volume  differentials and the                                                               
amount reinvested.                                                                                                              
                                                                                                                                
4:15:43 PM                                                                                                                    
MR.  WOOD  said  his  report  looks at  the  prevailing  case  of                                                               
combined progressivity tax and at  nine other cases where the tax                                                               
is separated.  He has shown  many different mechanisms -  a range                                                               
of possibilities - that could  be used alternatively to calculate                                                               
that progressivity while not advocating for any one of them.                                                                    
                                                                                                                                
4:17:47 PM                                                                                                                    
MR.  WOOD described  his  graphs  saying that  he  used a  multi-                                                               
scenario, multi-year cash  flow model to carry  out the analysis.                                                               
He looked  at 10 hypothetical  fields and carried  out multi-year                                                               
fiscal performance  on each of them.  Five of the 10  fields look                                                               
at  non associated  gas  fields  ranging from  .5  to  10 tcf  of                                                               
reserves. The  second half  were all  fields with  associated gas                                                               
the largest of which was a  .5 bb/oil and 700 bcf/associated gas.                                                               
Economic assumptions were  the base case gas  price of $7.5/mmbtu                                                               
in  the  first year  of  the  analysis  and $80/barrel  for  oil;                                                               
inflation assumptions were used.                                                                                                
                                                                                                                                
A key point of this modeling is  that it uses a base case, but it                                                               
uses very  wide ranges  of sensitivity analysis;  so it  looks at                                                               
prices down  to very low  levels and up  to very high  levels for                                                               
both gas and oil, along with costs and other economic factors.                                                                  
                                                                                                                                
4:20:41 PM                                                                                                                    
MR. WOOD said  in summary, the base case shows  that the world of                                                               
the oil field is quite different  from the world of the gas field                                                               
in  Alaskan  terms. The  government  take  of destination  values                                                               
(gross) is about 60 percent for  oil fields and 75 percent of the                                                               
net  portion  of  the  cash  flow. For  natural  gas  fields  the                                                               
government take  is just 30  percent of  gross value and  take of                                                               
the net is at  67 percent. So, in revenue terms  the gas world is                                                               
taking  half of  the gross  revenue  stream compared  to what  is                                                               
taken by oil.  The reason is that the  transportation, tariff and                                                               
treatment costs for  oil are much smaller at 20  percent than for                                                               
gas at 50 percent. This is  why the government take is 60 percent                                                               
as opposed to 30 percent of total revenue.                                                                                      
                                                                                                                                
He  said it  is important  to realize  that the  world of  gas is                                                               
quite different from  the world of oil primarily  because most of                                                               
the  costs  in  the  transportation   element.  That  is  another                                                               
argument for considering looking at  gas and oil tax individually                                                               
rather than trying to combine them into one system.                                                                             
                                                                                                                                
The  base  case  assumption  for   the  gas  example  shows  that                                                               
royalties and base  production tax are the  largest components of                                                               
taxation.  On the  other hand,  for  oil it's  royalty, the  base                                                               
production   component    and   progressivity    (a   significant                                                               
component).                                                                                                                     
                                                                                                                                
4:25:07 PM                                                                                                                    
MR. WOOD said  he used $80/barrel as the base  case oil price. If                                                               
he  used  $55/barrel  the  CPT would  be  non-existent.  His  pie                                                               
diagrams show  that the contributions  from the  different fiscal                                                               
components are  quite different  for an oil  field compared  to a                                                               
gas field. The fiscal designs  go far beyond the upstream issues,                                                               
and his  mandate for this  report was to  focus very much  on the                                                               
upstream issues,  but integrating  the gas field  production with                                                               
the infrastructure - whether it be  LNG or a pipeline - treating,                                                               
exporting   and  transporting   that  gas   are  also   important                                                               
components.                                                                                                                     
                                                                                                                                
He said  it is interesting  that the major companies  in Nigeria,                                                               
Algeria, Russia,  and Qatar  have been very  prepared to  sign up                                                               
for big  projects on the  basis that the upstream  and downstream                                                               
components of  those projects are  integrated and that  there has                                                               
been some limitations on third-party access.                                                                                    
                                                                                                                                
His large project  scenarios last three or four  or more decades;                                                               
the alignment  between the organizations that  are developing and                                                               
producing the  assets together with  the state entities  that are                                                               
controlling them is  very important. Fiscal design  will get them                                                               
only part  of the  way to a  successful project.  These scenarios                                                               
will show the  division of the profits, which  is quite important                                                               
in  terms   of  attracting   investment  into   particular  field                                                               
projects.                                                                                                                       
                                                                                                                                
4:28:23 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  Alaska has  been accused  of changing                                                               
its tax  system too  many times and  creating an  unstable fiscal                                                               
environment. He asked  if Alaska changes its  tax structure again                                                               
-  to  delink oil  and  gas  - would  that  open  it up  to  more                                                               
criticism.                                                                                                                      
                                                                                                                                
MR. WOOD  replied that  while it  is true  the fiscal  system has                                                               
been changed several  times, and that has lead  to criticism from                                                               
certain quarters,  if you  can clearly  identify why  the changes                                                               
are  being made  and  that  they are  beneficial  to the  overall                                                               
structure  and  not  purely  designed as  penalties  -  that  the                                                               
overall structure is  being changed to enable the  tax to reflect                                                               
more accurately  the production situation  for gas - but  also to                                                               
enable allowances and credits to  be targeted specifically at the                                                               
gas or  the fields  trying to  be developed -  if changes  can be                                                               
justified and  identified with  clear strategies  in mind  - that                                                               
overcomes the potential for criticism of instability.                                                                           
                                                                                                                                
4:30:28 PM                                                                                                                    
Conclusions and Recommendations of the preliminary study:                                                                     
Regarding  the progressivity  tax  structure:  under the  current                                                               
production tax rules  the impact of gas revenue  on the magnitude                                                               
of combined production  taxes is difficult to  predict making tax                                                               
planning difficult  (for both state  and producers).  Because gas                                                               
and oil  prices are  volatile now,  over time  it is  likely that                                                               
structure will  become unstable.  His conclusion  on his  work so                                                               
far  is  that  there  are  clear  benefits  from  separating  the                                                               
taxation of oil  and gas on a progressivity basis.  It would make                                                               
sense to use  North Slope fields as examples of  what the impacts                                                               
of separating  oil and gas  taxation mechanisms would be.  In the                                                               
longer term  there may be  opportunities to  look at LNG  and GTL                                                               
developments as alternatives to see  what they do under different                                                               
fiscal structures  and combine that  with the  hypothetical field                                                               
work that has been done already.  It would also be informative to                                                               
compare Alaskan gas  delivered into the Lower 48  with its regime                                                               
to  gas  delivered   by  shale  gas  producers   based  on  their                                                               
particular fiscal designs.                                                                                                      
                                                                                                                                
MR.  WOOD said  that  a number  of approaches  could  be made  to                                                               
improve performance  and credibility  of Alaska's  fiscal design.                                                               
Frequent changes and  instability can be overcome  by having very                                                               
clear statements  of the state's  strategy and objective  for its                                                               
fiscal  design,  by having  a  simple,  flexible and  progressive                                                               
fiscal design that is easy to  predict, and having some levels of                                                               
fiscal  stability   guaranteed.  However,  flexibility   is  very                                                               
important. He  said that  focusing progressivity  on gas  and oil                                                               
separately can also  be a significant improvement  on the current                                                               
system.                                                                                                                         
                                                                                                                                
4:35:35 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  one of  the concerns  about delinking                                                               
oil  and  gas  has  been  that  it  would  create  an  accounting                                                               
nightmare for the  administration to try to  monitor expenses. He                                                               
asked if other  countries have had trouble with that  and if they                                                               
had effectively dealt with it.                                                                                                  
                                                                                                                                
MR. WOOD  replied that the  industry is used to  separating costs                                                               
for oil and gas  in many areas of the world. It  can be done many                                                               
ways, but the  simpler the better. Industry  could do allocations                                                               
based on volumes or values, but  the accounting doesn't have to a                                                               
nightmare.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  asked if most  countries that  have similar                                                               
types of fields  with intermingled oil and gas,  like Alaska has,                                                               
have their oil and gas taxes delinked.                                                                                          
                                                                                                                                
MR. WOOD  replied that many  do. They do  it because of  the very                                                               
reasons  he  discussed -  because  the  gas  is going  through  a                                                               
different supply  change with  a whole  series of  different cost                                                               
structures and  elements and sold  into quite  different markets.                                                               
By not  separating them out it  is very difficult for  the fiscal                                                               
system to work on a combined basis.                                                                                             
                                                                                                                                
4:38:13 PM                                                                                                                    
DAN DICKINSON,  CPA, said  he and  Rich Ruggerio,  Gaffney Cline,                                                               
have both  presented analyses on  this issue over the  last year.                                                               
The dialogue has  really focused in on a single  example that was                                                               
presented from  Dr. Wood's work that  has taken on a  life of its                                                               
own. It is just  one example, and it is a  situation in which the                                                               
oil price  boomed (in  2008), and  at the  same time  the gasline                                                               
came on stream.  Because that gas is added,  total state revenues                                                               
do not increase,  but decrease, particularly in  this one example                                                               
that just deals with the production tax.                                                                                        
                                                                                                                                
SENATOR FRENCH asked where his model could be found.                                                                            
                                                                                                                                
MR.  DICKINSON  said he  believes  it  is  on the  LB&A  website.                                                               
Assuming oil  production is half of  what it is today  at 350,000                                                               
barrels/day  (this is  also assuming  it  is 10-15  years in  the                                                               
future when  a gasline might  actually be coming on  stream), 128                                                               
mm/barrels/yr. of  oil are produced (progressivity  is calculated                                                               
on the  128 mm/barrels/yr.). The next  cell set the price  of oil                                                               
at  $135/barrel  (close to  the  highest  price). From  that  the                                                               
combined average costs  to get it off the North  Slope and to the                                                               
West  Coast were  subtracted  - about  $6/barrel.  That leaves  a                                                               
gross value at the point of production of $129/barrel.                                                                          
                                                                                                                                
You  then have  to  account  for a  royalty  share, which  leaves                                                               
approximately 87.5  percent (the taxable wellhead).  This amounts                                                               
to about  $14 billion. In this  example he assumed $3  billion in                                                               
costs  to run  the North  Slope fields  and that  gets subtracted                                                               
from the taxable  value (net) and that is about  $11 billion. Now                                                               
the  progressivity gets  calculated. If  the oil  is stand-alone,                                                               
you divide  the taxable  value by the  taxable volumes,  which in                                                               
this case this results in  $99/barrel. Under progressivity $30 of                                                               
that  is sheltered;  so  you come  up with  $69.48,  and then  .4                                                               
percent  on the  first $62.50  is taxed  for every  dollar; above                                                               
that  it's .1  percent  for  every dollar.  In  this example  the                                                               
progressivity  charges add  25.7 percent.  He explained  that the                                                               
base tax rate is 25 percent,  another 25 percent is added because                                                               
of progressivity; so  the total tax rate is about  50 percent. If                                                               
you multiply  50 percent  times the tax  base ($11  billion), you                                                               
come up with about $5.5 billion.                                                                                                
                                                                                                                                
Now looking at gas in the  example; it's producing 4.2 bcf/day (a                                                               
figure  people talk  about being  the  size of  the pipeline)  at                                                               
365/day/yr.; that  comes to  1,500 bcf/yr.  Current law  says the                                                               
way combined  progressivity is  calculated you  take all  the gas                                                               
and convert  it to barrels of  oil as if there  were 6,000 cf/gas                                                               
generated by  one barrel  of oil. That  is called  thermal parity                                                               
because if you  burn that much oil, that is  about right. In this                                                               
example, you end up with  255.5 billion barrel equivalents of oil                                                               
from the gas. That results in a 2:1 ratio.                                                                                      
                                                                                                                                
But assume there  is just stand-alone gas. You would  look at how                                                               
much it is  selling for. He chose  $6 gas as a  way to illustrate                                                               
an extreme  point. The price of  gas would probably be  higher if                                                               
oil was  $135. So, he assumed  a 75 cent adjustment  from Alberta                                                               
to Lower  48 markets,  a $2.75 transportation  charge to  get the                                                               
gas from the North  Slope to that point, and so  there is a gross                                                               
value at  the point  of production of  about $2.50.  You multiply                                                               
that times the  volumes and come up with a  $3 billion charge. So                                                               
he  explained, at  this level  there is  no progressivity  on the                                                               
gas; in other words it  doesn't escape "the $30/barrel equivalent                                                               
of  oil  collar." If  the  gas  were  generated alone,  it  would                                                               
generate about $800 million in tax.                                                                                             
                                                                                                                                
But  the  critical  issue  is  what  happens  when  the  two  are                                                               
combined. If gas is contributing  about two-thirds and the oil is                                                               
contributing about  one-third. The taxable value  line shows that                                                               
the  oil  is  contributing  about  $11 billion  and  the  gas  is                                                               
contributing about $3.5 billion. So  the ratio is reversed to 3:1                                                               
with gas being the 1. Divide  that by the taxable equivalents and                                                               
you  come  out  with  a  barrel of  oil  equivalent  of  $43  for                                                               
(combined) purposes of progressivity.                                                                                           
                                                                                                                                
So the  oil stand-alone is  $99; the  gas expressed on  a similar                                                               
basis is  $15 and combined  $43/barrel. Subtract the  $30 trigger                                                               
and  you come  up with  $13.16.  That generates  about 5  percent                                                               
progressivity   instead   of  25   percent,   a   huge  drop   in                                                               
progressivity.  You add  the 5  percent to  the base  rate of  25                                                               
percent and  come up with a  30 percent combined rate  instead of                                                               
50 percent rate.  Because that rate is so much  lower, in effect,                                                               
the   amount  of   tax  generated   (because  of   the  drop   in                                                               
progressivity) is smaller with the gas.                                                                                         
                                                                                                                                
4:49:00 PM                                                                                                                    
MR. DICKINSON  said he and  Mr. Ruggerio had both  discussed this                                                               
example and  it is important  for members  to know that  they are                                                               
both  looking at  the same  glass  of water  and one  of them  is                                                               
saying it's half full and the  other saying it's half empty. They                                                               
both  agree it  could happen.  The more  oil you  have, the  more                                                               
pronounced this effect is. Mr.  Ruggerio had pointed out that the                                                               
price  spike had  only  happened 7  months out  of  the 14  prior                                                               
years.                                                                                                                          
                                                                                                                                
MR. DICKINSON  observed that the  adopted and  passed legislation                                                               
has special language that says  what progressivity is going to be                                                               
and that  it would "bend  over" when  production tax value  is at                                                               
$92.  If you  add costs  to that,  that means  oil prices  are at                                                               
$115.  When  people  wrote  that  legislation,  that  number  was                                                               
"nuts." No  one thought oil  would everbe that high.  Prices have                                                               
gone above  that 3 times in  past 14 years and  they all happened                                                               
this summer.  The point is  that some  of these things  are rare,                                                               
but it's worth making sure you are dealing with rare situations.                                                                
                                                                                                                                
MR. DICKINSON went back to 1995 when  there was a huge gap in oil                                                               
and gas  prices. But who  cares, because  in March 1995,  gas was                                                               
selling for  $1.50 at the Henry  Hub and oil was  $17. That would                                                               
have  nothing  to do  with  the  world  of progressivity.  He  is                                                               
focused  on what  happened in  the last  6 months  of FY/08.  His                                                               
graphic was  of January 1994  through the  end of 2008.  The blue                                                               
line represented the  ANS price; the purple line  (gas) takes the                                                               
Henry Hub  price and  multiplies it times  6 for  thermal parity.                                                               
From 1994  through 2006, when this  rule was made law,  it looked                                                               
good; fundamentally the two kind  of moved around each other. But                                                               
something happened in  2006, and from then on, oil  has sold at a                                                               
huge premium over gas. Interestingly,  the lines come back to the                                                               
6:1  ratio in  January  2009.  His point  is  that  you can  have                                                               
extreme situations  in the  current tax  system, but  that didn't                                                               
mean it was unstable.                                                                                                           
                                                                                                                                
He  said they  both  agree  that a  single  month  or a  one-year                                                               
snapshot only  tells part of  the story, particularly if  you are                                                               
dealing with progressivity. So, he  did include a month snapshot;                                                               
and  where his  annual one  showed a  loss of  $1.2 billion,  the                                                               
single month  one showed a  loss of  $100 million (oil  and gas).                                                               
But you wouldn't expect that to be maintained over a year.                                                                      
                                                                                                                                
4:53:11 PM                                                                                                                    
MR. DICKINSON said the main  place he disagrees with Mr. Ruggerio                                                               
is the  question of whether  further investigation of  a distinct                                                               
gas tax  is warranted.  If the  main issue  is the  cross subsidy                                                               
between oil  and gas  and what happens  in progressivity  at high                                                               
prices, the solution is simple.  You simply calculate oil and gas                                                               
progressivity  distinctly, using  the  exact same  rules. So,  if                                                               
there is no progressivity in gas,  the story ends there. Then you                                                               
calculate the  progressivity on oil,  but you don't take  the gas                                                               
at its lower value and make it part of the oil calculation.                                                                     
                                                                                                                                
The second bullet point on  cost structures were done when people                                                               
were  thinking about  oil, and  then moving  the gas  to the  6:1                                                               
ratio. When  you lose  that ratio  or if you  look at  the actual                                                               
markets that gas  are being sold and transported  into, you "have                                                               
to scratch your  head about whether the  structure is appropriate                                                               
for both."                                                                                                                      
                                                                                                                                
His  last  point  was,  if the  main  issue  is  competitiveness,                                                               
government  take  and  how  that   fits  into  the  overall  cost                                                               
structure, then you may need to  look at other aspects of the gas                                                               
tax.  But he  thought creating  separate  taxes for  oil and  gas                                                               
would require fairly narrow changes.                                                                                            
                                                                                                                                
MR.  DICKINSON  reiterated  that Transcanada  and  ConocoPhillips                                                               
both  made the  point that  they think  there is  additional work                                                               
that  could be  done on  taxes  but before  they get  to an  open                                                               
season structure.                                                                                                               
                                                                                                                                
4:56:32 PM                                                                                                                    
CO-CHAIR  STEDMAN  thanked  everyone   for  their  testimony  and                                                               
adjourned the meeting at 4:56.                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
DWAlaskaFiscalDesignGas - 03-26-09.ppt SRES 3/26/2009 2:30:00 PM
Dickinson - 03-26-09.ppt SRES 3/26/2009 2:30:00 PM