On April 18, 2013, the Brazilian National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) published its regulatory agenda for 2013 and 2014.
The main aspect addressed in this agenda is natural gas transportation, since Law No. 11,909/2009 ("Gas Law" dated March 4, 2009) assigned new responsibilities to ANP regarding its regulation. It is important to mention that the concession regime for natural gas transportation activities was established, with the preparation of tender protocols and promotion of the bids for this purpose being the responsibility of ANP. The regulatory agenda will allow the first bid for the transportation of natural gas to occur only in mid-2014. Before that date, ANP will need to conclude: (i) the resolution which establishes the bidding procedures for the concession of natural gas transportation activities, expected to be concluded by October 2013; (ii) the regulation of the procedures for the public offer for capacity contracting, which is expected to be completed by March 2014; and (iii) the revision of ANP Resolution Nr. 29/2005, which establishes the criteria for calculating the transport fee, expected to be concluded by February 2014.
Furthermore, the regulatory agenda included a revision of the following rules: (i) ANP Resolution Nr. 27/2005, which regulates the use of pipeline transportation facilities, expected to be concluded by July, 2014; (ii) ANP Resolution Nr. 28/2005, which regulates the assignment of the contracted capacity, expected to be concluded by September, 2014; (iii) ANP Resolution Nr. 1/2003, which establishes the procedures for the provision of information regarding the activities of transportation and natural gas sales, expected to be concluded by February, 2014; and (iv) ANP Ordinance Nr. 27/2005, which regulates the competitive public tendering for the capacity allocation by the companies authorized to operate natural gas transportation facilities, expected to be concluded by September, 2014.
The industry is still waiting for the release of the Ten-year Pipeline Network Expansion Plan, whose first version was completed by the Energy Research Company. The final version should be published by the MME by May, 2013.
For more information regarding the bids for the construction or extension of natural gas pipelines, or any other matter related to this Legal Update, Alexandre R. Chequer, Leonardo P. Costa, Victor Galante or Bruno Belchior.