News
26/11/13
Brazil's ANP resumes tariff review, suspends pause
Brazil's ANP resumes tariff review, suspends pause
Sao Paulo, 13 November (Argus) — Brazilian hydrocarbons regulator ANP confirmed
on Friday that it had received a letter from state-controlled Petrobras
informing that the company was no longer interested in continuing bilateral
negotiations with pipeline operator NTS over the extension of legacy natural gas
transport contracts. The regulator therefore decided to lift the 15-day
suspension of the gas transport tariff review , which its directors had approved
at their latest board meeting on 9 November. The issue will now be taken up
again at an extraordinary meeting scheduled for 18 November. The pause in the
tariff review discussions followed a request from the mines and energy ministry
(MME), which had brought to ANP a request from NTS and Petrobras for additional
time to advance bilateral negotiations. Petrobras had been awaiting the formal
submission of an alternative proposal from NTS to extend the legacy contracts,
which the company said did not occur within the established timeframe. NTS did
not respond to a request for comment by Argus by the time of publication. In a
letter sent to ANP and made public on Thursday evening, Petrobras said it
believed there was "no longer room to continue negotiations [with NTS], which
would necessarily have to be approved by the agency, given that ANP itself has
already made clear that the solution proposed by NTS runs counter to the
interests of transport system users and, consequently, Brazil's natural gas
industry". Petrobras concluded by arguing that any further proposal from NTS
should be submitted directly to ANP rather than discussed bilaterally. The
pipeline network operated by NTS extends for more than 2,000km (1,242 miles) and
connects the southeastern states of Rio de Janeiro, Minas Gerais and Sao Paulo,
which together account for roughly half of Brazil's total gas consumption. It is
also connected to major processing facilities handling pre-salt gas production
and LNG import terminals, as well as to TAG's pipeline network, which links the
southeast and northeast regions, and to TBG's pipeline, which connects Brazil
with Bolivia. The resumed transport tariff review covers Brazil's five gas
pipeline operators: NTS, TAG, TBG, GOM and TSB. At its 18 November meeting, ANP
is expected to address the tariffs for the 2026-30 cycle. The current discussion
comprises three phases: an investment return rate (WACC), each transporter's
regulatory asset base (BRA), and maximum allowed revenues. ANP completed the
first two stages and planned to advance to the final phase at its meeting on 9
November, when NTS introduced its proposal, followed by the mines and energy
ministry's request for more time to discuss the matter. The dispute stems from
ANP's conclusion that assets linked to NTS' Malha Sudeste legacy contract had
already been fully paid for through tariffs , resulting in a zeroed BRA. NTS and
representative association Atgas challenged both the methodology and outcome in
court . NTS later warned it would halt investments until "a more secure
regulatory environment" emerges, drawing criticism within the gas sector. To
avoid a zeroed BRA, NTS sought support from Petrobras and proposed an
alternative solution: extend active legacy contracts through 2041, preserve the
full R5.3bn asset base, and increase the WACC to 10.09pc from the
regulator-approved 7.63pc. It would also maintain contractual arrangements and
reserved transport capacity for Petrobras, although 21pc below original contract
levels. Petrobras, however, says it has not received any formal proposal on the
matter. "On 10 November 2026, we received the attached letter from NTS in
response to our request. However, no proposal was formally submitted to
Petrobras, and the letter indicated that additional time would be required,
which would make it impossible to complete the tariff review conducted by ANP in
2026", the company's director of energy transition and sustainability, William
Nozaki, wrote in a letter to ANP. Efforts to delay the discussions drew
criticism from ANP director Pietro Mendes, rapporteur for the gas transport
tariff review. Mendes has publicly pointed to what he sees as attempts by
Petrobras, the dominant player in Brazil's gas market, to exert excessive
influence over the country's regulatory agenda. The prolonged tariff review has
raised concerns among market participants , who point to the risk of higher
transport costs for users, which would ultimately result in more expensive
natural gas for end-consumers. Some market participants also warn that further
delays would prolong tariff uncertainty in a process nearing two years, making
investment decisions more difficult and hampering the development of Brazil's
gas market. By Marcos Mortari and Maria Frazatto Send comments and request more
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