The ANP starts on the second (10/19) public consultation, for 45 days, on the draft resolution that will regulate the criteria of independence and autonomy of natural gas transporters. The public hearing on the topic will take place on January 26, by videoconference.

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.

The draft consultation 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, other related documents and guidelines for participation in the consultation and the hearing are available on the Public Consultation and Hearing page 18/2020.

(http://www.anp.gov.br/consultas-audiencias-publicas/6015-consulta-e-audiencia-publicas-n-18-2020)