ALERT – OIL AND GAS
Modification of the Feasibility Procedure of New Natural Gas Supplies
On February 25, 2025, Resolution of the Board of Directors N° 021-2025-OS/CD (hereinafter, the “Resolution”) was published in the Official Gazette “El Peruano”, whereby the Feasibility Procedure for New Natural Gas Supplies, approved by Resolution of the Board of Directors N° 056-2009-OS/CD (hereinafter, the “Feasibility Procedure”), was modified.
The Resolution adjusts the Feasibility Procedure to the amendments introduced by Supreme Decrees N° 008-2021-EM and N° 001-2022-EM, which amended the TUO of the Regulation of Natural Gas Distribution through Pipeline Network, approved by Supreme Decree N° 040-2008-EM (hereinafter, the “Distribution Regulation”).
Among the main changes to the Feasibility Procedure, the following stand out:
- The (reduced) terms that the Concessionaires of Natural Gas Distribution by Pipeline Network (hereinafter, the “Concessionaires”) have to provide the Distribution Service are included, pursuant to Article 42 of the Distribution Regulation (as amended by Supreme Decree No. 008-2021-EM).
- The obligation of the Concessionaires to register, in a platform to be implemented by the Energy and Mining Investment Supervising Agency (hereinafter, “OSINERGMIN”), the information of the viability requests submitted by the interested parties and those derived by the Ministry of Energy and Mines or OSINERGMIN, as well as the answers to such requests, is created. Until such platform is implemented, the Concessionaires will have to comply with certain reporting obligations.
- It is established that the Concessionaires that do not comply with the obligations established in the Viability Procedure will incur in administrative offenses punishable in accordance with the provisions of the applicable Classification and Scale of Fines and Sanctions.
For further information, please contact Jorge Pérez-Taiman (jpereztaiman@estudiorodrigo.com), Carolina Noriega (cnoriega@estudiorodrigo.com), Piero Scarafone (pscarafone@estudiorodrigo.com), and/or Alejandro Diez Canseco (adiezcanseco@estudiorodrigo.com).
