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Vol. 9, No. 42 Week of October 17, 2004
Providing coverage of Alaska and northern Canada's oil and gas industry

Gas line provisions a go

Congress okays Alaska gas pipeline incentives; president expected to sign bills containing enabling provisions, loan guarantees, EOR tax credit

Kristen Nelson

Petroleum News Editor-in-Chief

Congress has passed and sent to the president bills which contain Alaska gas pipeline enabling provisions, loan guarantees for up to 80 percent of the cost of the project, a seven-year pipeline depreciation tax credit and an enhanced oil recovery tax credit.

The provisions were included in bills which passed the Senate Oct. 11.

“After working for more than 20 years to make this pipeline project a reality, we have finally taken steps to make the Alaska natural gas pipeline happen,” Sen. Ted Stevens, R-Alaska, said in a statement.

Rep. Don Young, R-Alaska, credited Stevens and Sen. Lisa Murkowski, R-Alaska, when the provisions passed the House Oct. 9.

The military construction conference report passed by the Senate Oct. 11, and now on its way to the president, includes provisions which direct the Federal Energy Regulatory Commission to quickly permit the pipeline once certain requirements have been met; designate FERC as the lead agency for the National Environmental Policy Act process; create a federal coordinator within the executive branch to coordinate federal agencies; require a single environmental impact study, expedite judicial review; and allow for future pipeline expansions.

The bill also provides a loan guarantee authorizing the secretary of Energy to enter into agreements with holders of FERC certificates of convenience and necessity for payment on project loans. The amount of the loans would not exceed 80 percent of the total capital costs or $18 billion.

Provisions included in the jobs bill include the enhanced oil recovery tax credit and the seven-year pipeline depreciation tax credit. The accelerated depreciation allows pipeline owners to claim construction costs on their taxes over seven years instead of 15 years. A proposed North Slope gas conditioning plant is eligible for a tax credit worth $295 million over the same period.

BP: ‘one step closer’

BP Exploration (Alaska) gas pipeline spokesman Dave MacDowell said passage of the gas pipeline provisions is “a positive development” and applauded the state’s Congressional delegation “for their hard work and leadership on this effort.”

“Passage of these provisions will get us one step closer to the next phase of permitting and engineering, and that’s the billion-dollar phase,” he said.

Negotiations with the state of Alaska for a fiscal contract are under way, MacDowell noted, and he said BP hopes “that delivery of the U.S. federal legislation will help encourage development of an efficient Canadian regulatory process.”

He said work continues on project costs, and said the companies “continue to make progress on technology-led cost reduction efforts” such as high-strength steel, automated welding and bigger, more efficient trenching machines.

ExxonMobil: ‘another positive step’

ExxonMobil spokesman Bob Davis said ExxonMobil sees passage of the federal legislation “as another positive step for the project.

“Certainly we have said for quite a while that the enabling legislation is of paramount importance to us” because it addresses “a fast-tracking of the permitting process and also it lays out a process for dispute resolution … important for a project of that magnitude because any delay would negatively affect the economic” of a project of this size.

He noted that fiscal negotiations continue with the state of Alaska, and said the companies are “looking at reduction of the cost, things we can apply from a technology standpoint” to reduce the overall cost.

The “other critical component is regulatory certainty in Canada, because so much of the line would come through Canada,” Davis said.

ConocoPhillips may revisit natural gas price floor

“ConocoPhillips is pleased with the success the Alaska delegation had in getting the pipeline provision package passed before Congress adjourned,” a spokesman told Petroleum News via email Oct. 12.

“We think that this strong show of delegation teamwork will play a significant role in advancing this project,” he said.

“We also look forward to successfully completing negotiations with the state of Alaska on the state fiscal terms that will also be needed to advance the project.”

The federal legislation did not include a tax credit if natural gas falls below a floor level, something ConocoPhillips has said it would require to go forward. ConocoPhillips Alaska Vice President Joe Marushack said Oct. 14 that since the federal legislation has passed, the company will focus on Stranded Gas Development Act negotiations with the state of Alaska, and may revisit the need for the federal tax credit depending on results of negotiations with the state.

State: ‘delegation has delivered’

“Our congressional delegation has delivered on federal legislation that removes a large roadblock to our efforts to make progress in the commercialization of our gas resources,” Alaska Gov. Frank Murkowski said in a statement.

“They have helped orchestrate an unprecedented federal response to what is regarded as the largest private sector construction project ever undertaken. If we’re successful, it will mean jobs for Alaska families and a reliable source of energy for the American people.”

The state is in negotiation with the major oil producers and TransCanada, and is beginning negotiations with Enbridge, in addition to working with the Alaska Natural Gas Development Authority and the Alaska Gasline Port Authority.



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Permits can be revised; feds could build gasline

Kristen Nelson

Congress included more than just incentives for the producers to build a gas pipeline in legislation passed Oct. 11. It specified that changes can be made in existing certificates and permits. And move over Alaska — if nobody files to build a line within 18 months, the feds can study doing it themselves.

The Alaska natural gas transportation system authorized under the Alaska Natural Gas Transportation Act of 1976 and the decision issued by President Carter in 1977 are “clarified” in the new legislation. Its short title — “Alaska Natural Gas Pipeline Act” — says that nothing in it affects “any decision, certificate, permit, right-of-way, lease, or other authorization issued under … the Alaska Natural Gas Transportation Act of 1976 … or … any Presidential finding or waiver issued in accordance with that Act.”

Furthermore, terms or conditions of certificates, permits, rights of way, leases or other authorizations issued under the 1976 act may be added to, amended or rescinded “to meet current project requirements (including the physical design, facilities, and tariff specifications),” provided such change “would not compel any change in the basic nature and general route of the Alaska natural gas transportation system as designated and described in section 2 of the President’s decision; or … would not otherwise prevent or impair in any significant respect the expeditious construction and initial operation of the Alaska natural gas transportation system.”

Updated environmental data, reports, permits and impact analyses will be required, “as the (secretary of Energy) determines are necessary to develop detailed terms, conditions, and compliance plans required by section 5 of the President’s decision.”

And, if there are no applications for a certificate or amended certificate authorizing construction of an Alaska natural gas transportation system within 18 months of the date of enactment of this legislation, the secretary of Energy “shall conduct a study of alternative approaches to the construction and operation of such an Alaska natural gas transportation project.” The study will consider establishing a federal government corporation to construct an Alaska natural gas transportation pipeline.


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