AOGCC nominee Tom McKay vows firm enforcement on flaring, says commission jurisdiction ends at sales meter

Tom McKay, an engineer and former state representative, appeared before the Senate Resources Committee March 23 as the governor’s appointee to the Alaska Oil and Gas Conservation Commission.

McKay described the commission’s core duties — prevent waste, protect correlative rights and groundwater, and ensure safety and well control — and said excessive flaring is one of the biggest waste issues the commission handles. Asked about enforcement, McKay said the commission can increase fines and has “police powers” to shut down operations in serious cases.

On a high-profile Badami flaring case from 2024–25, McKay said the matter remains under commission process and he was limited in what he could discuss. On producer obligations and the effect of royalty relief, McKay said the commission’s jurisdiction ends at the sales meter and that earlier conservation orders (2015 analyses) estimated off-take of about 4.7 billion cubic feet per day (Prudhoe Bay plus Point Thomson) — numbers he said still support current project needs.

McKay also told senators the commission recently transmitted Class VI well regulations to the Department of Law and has been working with EPA on primacy for Class VI injection rules; he said the process is on track and that crosswalk meetings with EPA show “green lights” so far.

Chair Giesel questioned McKay’s prior advocacy for a specific company; McKay said he has thought about potential conflicts and that, in several ongoing disputes with that company, he would oppose them. No confirmation vote appears in the hearing transcript; committee staff circulated a report documenting the hearing and appointment details.