The ANP held an online public hearing yesterday (1/26) on the draft resolution that will regulate the criteria for independence and autonomy of natural gas transporters.

The proposal is in line with the Novo Mercado do Gás program, and represents one of the main measures to open the natural gas market provided for in CNPE Resolution No. 16/2019. This is the first in a series of new resolutions and revisions of existing standards already provided for in the ANP Regulatory Agenda for the 2020-21 biennium.

“Continuing with the regulation of the natural gas market, and based on the legal framework in force, the ANP has been taking a series of measures in relation to the separation of the transport activity. Due to the relevance of the topic and the fact that the independence and autonomy of the carriers is one of the pillars of the opening of the Brazilian market, this is the first of the resolutions to compose the regulatory agenda at the ANP for the improvement of the new gas market ”, affirmed the director José Cesário Cecchi at the opening of the hearing.

The draft resolution establishes the criteria of autonomy and independence for the exercise of the activity of natural gas transportation in Brazil and the procedure for certification of independence of natural gas transporters and their monitoring by the ANP.

In order to establish a competitive market for the natural gas industry, it is essential that the activity of gas transportation is independent from other activities in the chain. International experience shows that the simple legal separation of the different activities was not enough to achieve independence, in fact, from natural gas transportation.

Among the proposals present in the draft is the complete separation of ownership between carriers and agents that operate in potentially competitive activities in the natural gas industry, in the case of new investments.

It is also foreseen to apply the independence certification for transporters, who can opt for the following independence models: complete separation of ownership or independent operator of the natural gas transportation system.

Transporters currently in operation must choose the independence model of their preference and forward their proposals for ANP evaluation within the period provided for in the standard.

The draft resolution passed a 45-day public consultation, during which 109 contributions were received. The suggestions received at the consultation and at the hearing will be evaluated by the technical area, to change or not the original draft. The consolidated text will undergo legal analysis by the Federal Attorney's Office at the ANP and approval by the Agency's collegiate board, before its publication.