(a) To qualify under
AS
43.90.300 for a royalty inducement under
AS
43.90.310 for qualified gas, a lessee or
other person must
(1) for firm transportation
capacity on the Alaska mainline,
(A) enter
into a pre-subscription agreement with the licensee before the commencement of
the first binding open season of the project;
(B) submit a bid before the close of the
first binding open season of the project; however, the person may submit a bid
after the close of the first binding open season, but no later than 180 days
after the close of the first binding open season, if
(i) the licensee accepts the bid under
18 C.F.R.
157.34(d)(2); and
(ii) the lessee or other person makes, to the
satisfaction of the commissioners, a good-faith showing of the circumstances
that prevented the lessee or other person from submitting a timely bid, and the
commissioners, on the basis of that showing, approve the tender of the bid;
or
(C) be the holder of
an inducement voucher issued to a person that qualifies under (A) or (B) of
this paragraph;
(2)
execute, no later than 180 days after the close of the first binding open
season of the project, a precedent agreement for firm transportation capacity
on the Alaska mainline arising out of an action taken to qualify under (1) of
this subsection, or must be the holder of an inducement voucher issued by the
commissioners to a person that executed a precedent agreement as required under
this paragraph;
(3) obtain rights
under a transportation services agreement
(A)
as a party that executes, no later than five years after the close of the first
binding open season of the project or two years after the effective date of the
certificate of public convenience and necessity issued for the Alaska mainline,
whichever date is later, a transportation services agreement arising out of an
action taken to qualify under (1) and (2) of this subsection for firm
transportation capacity on the Alaska mainline; or
(B) as the holder of an inducement voucher
issued to a person qualified under (A) of this paragraph;
(4) file with the commissioners or be the
holder of an inducement voucher obtained from a person that filed with the
commissioners a complete copy of each of the following no later than 30 days
after execution, or, under (E) of this paragraph, no later than 30 days after
receipt of a request:
(A) the bid, precedent
agreement, and transportation services agreement required to qualify under (1)
- (3) of this subsection;
(B) an
amendment to or termination of the bid, precedent agreement, or transportation
services agreement required to qualify under (1) - (3) of this
subsection;
(C) a bid, precedent
agreement, or transportation services agreement, if any, arising out of a first
binding open season for the Canada mainline;
(D) an amendment to or termination of the
bid, precedent agreement, or transportation services agreement filed under (C)
of this paragraph;
(E) other
documents and information requested by the commissioners to determine
qualification for resource inducements under AS 43.90 and this chapter;
and
(5) submit, on a
form provided by the commissioners, no later than 90 days after the issuance of
a certificate of public convenience and necessity for the Alaska mainline, the
agreement regarding rolling in expansion costs required by
AS
43.90.310(c) or
43.90.330(d), as
applicable.
(b) A person
eligible for an inducement under
AS
43.90.330 must execute the agreement set out
in (a)(5) of this section no later than 90 days after issuance of a certificate
of public convenience and necessity for the Alaska mainline, unless the person
is eligible by reason of an agreement to transfer the inducement voucher, in
which case the person must execute the agreement set out in (a)(5) of this
section no later than 90 days after issuance of a certificate of public
convenience and necessity for the Alaska mainline or the time of filing an
application for transfer of the inducement voucher, whichever is
later.
(c) The commissioners may
extend the deadline set out in (a)(2) of this section if they determine that an
extension is in the best interest of the state. However, the commissioners will
not extend the deadline later than December 5, 2011.
(d) A person that satisfies the requirements
of (a) and (b) of this section and that claims a resource inducement under
AS
43.90.310 and this chapter may file an
application with the commissioners for a determination that the requirements of
(a) and (b) of this section have been met. Upon receipt of the application, the
commissioners will make a joint determination whether the applicant meets the
requirements for qualification set out in (a) and (b) of this section. A person
is not qualified for a resource inducement before application to the
commissioners and approval by the commissioners under this section.