Last Tuesday (01/09), the Chamber of Deputies approved the new regulatory framework for the gas sector (PL 6407/13), providing for authorization instead of concession for the transportation of natural gas and storage in depleted oil fields . The proposal will be sent to the Senate for a vote.

The deputies approved in Plenary, by 351 votes to 101, a substitute for the Commission on Mines and Energy, authored by deputy Silas Câmara (Republicanos-AM). According to the text, the granting of authorization for the construction or expansion of gas pipelines should occur after a public call to be made by the National Agency of Petroleum, Natural Gas and Biofuels (ANP).

If there is more than one interested party for the construction of a gas pipeline, the agency must carry out a public selection process. Authorizations will not have a definite period of validity and can only be revoked at the company's request, if it seriously fails or fails to comply with obligations, if the pipeline is deactivated or if the company interferes or is interfered with by other agents in the gas industry.

Gas in the states 

The gas pipelines and other goods will not revert to the Federal Government, that is, they will not be federal property and there will be no indemnity, and the assets must be sold to a new operator.

The text also puts an end to the exclusivity of the states in the activity of natural gas distribution, either directly or by concession, also allowing its exploitation by private electric energy concessionaires.

The changes incorporate parts of Law 11.909 / 09, the current gas law that is revoked by the project.

Effects of the new rules 

For the rapporteur of the project in Plenary, deputy Laercio Oliveira (PP-SE), the proposal will streamline the production of gas pipelines and develop the energy sector. “The expectation, according to the industry, is to generate R $ 60 billion in investments per year and triple industrial production. And gas is essential: it is used to produce ceramics, glass, cellulose, food, cement, automobiles, chemicals and to explore minerals, ”he said.

Congressman Carlos Zarattini (PT-SP) stated that the project is negative. “This project is yet another rant by Mr. Paulo Guedes [Minister of Economy]. Any oil company in the world operates in the gas sector. It happens in Russia, in Saudi Arabia, everywhere. Now, not here in Brazil, ”argued Zarattini, about the prohibition on Petrobras to participate in the gas transport sector.

In the same sense, deputy Glauber Braga (Psol-RJ) said that the proposal is yet another agenda against Brazilian natural wealth. “Why challenge the concept that the gas belongs to the Union? Why make a concession change for precarious authorizations to even facilitate the exploitation of gas by the private sector? ”, He asked.

In favor of the text, deputy Luis Miranda (DEM-DF) said that the new rules will “revolutionize” the industry and job creation. “In addition to waste, we do not have a policy aimed at the natural gas market. This project will allow economic growth for industries and, with that, create jobs. ”

Current grants 

Currently, gas transportation is granted to the private sector through a public bidding concession for 30 years based on the criterion of lowest annual revenue offered in relation to the maximum limit defined in the notice. The tariff is proportional to this discount.

The rule proposed by the substitute determines that the ANP will define the maximum revenue that the carrier can obtain with the service only after public consultation, as well as the criteria for readjustment and revision of tariffs.

The natural gas transportation contracting system will be similar to the one currently in existence, in which a certain capacity of gas entering the gas pipeline or exiting it is contracted. The difference is that the ANP will no longer need to make a public call for this.

However, the current gas transportation contracts must adapt to the new system within five years from the publication of the future law, allowing compensation, through tariff, of any losses.

Current consumption and gas pipeline regimes to supply fertilizer and refinery manufacturers will remain the same.

Market concentration 

The approved text foresees mechanisms to make possible the deconcentration of the gas market, in which Petrobras participates with 100% of the import and processing and about 80% of the production (petroleum gas).

Silas Câmara recalled that the company has been selling its stakes in the transport and distribution chains after signing a Term of Commitment for Cessation of Practice (TCC) with the Administrative Council for Economic Defense (Cade).

In this sense, the text determines the ANP to monitor the natural gas market in order to stimulate competitiveness and reduce concentration, using mechanisms such as the compulsory transfer of transport capacity, outflow of production and processing; obligation to sell, at auction, part of the marketing volumes held by companies with a high market share; and restriction on the sale of natural gas between producers in the production areas. Before adopting these measures, the ANP must listen to Cade.

The project also guarantees access, by contract, for companies in the sector to liquefied natural gas (LNG) terminals, gas pipelines that flow the production of this gas and gas treatment or processing facilities.

Although the preference is given to the use of these facilities by their owner, the measure aims to prevent companies from the same group from controlling the entire destination of the gas, from its extraction or import to the final consumer.

If there is no agreement on the remuneration or the practice of accessing these facilities to obtain the gas, the ANP will decide on the matter. However, the parties may, by mutual agreement, choose another means of dispute resolution.

Share control 

The substitute prohibits controlling shareholders of companies in the areas of exploration, development, production, import and sale of natural gas from having access to sensitive information from carriers related to competition. These persons are also prevented from appointing members of the board or board of directors of the shipping companies or members of the commercial board or supply of a piped gas distributor.

Current companies will have up to three years to adapt to the new requirement.