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Oil and Gas Alert – January 2022

ALERT – OIL AND GAS

Rules for the Promotion of the Development of the Natural Gas Industry are amended and provisions are issued to optimize the development of hydrocarbon activities

By Supreme Decree Nº 001-2022-EM, published on January 12, 2022 in the Official Gazette “El Peruano”, the Rules for the Promotion of the Development of the Natural Gas Industry and a series of regulations and complementary rules that regulate the activities of distribution of Natural Gas and commercialization of Compressed Natural Gas (“CNG”), Liquefied Natural Gas (“LNG”), Liquefied Petroleum Gas (“LPG”), Liquid Fuels and Other Products Derived from Hydrocarbons were amended.

The following are some of the amendments:

– The proceedings for obtaining and qualifying the Inevitable Natural Gas Vent in case of Contingency or Emergency or Operational Vent were reduced.
– The authorization procedure for the execution of tests related to projects that use Natural Gas was amended, incorporating other hydrocarbons to promote the development of projects that use efficient energy supply sources.
– The use of composite cylinders for the commercialization of LPG was authorized.
– Agents from the Liquid Fuels commercialization chain were incorporated into the scope of OSINERGMIN’s Order Control System, and complementary security measures applicable to those agents were implemented.
– The scope of application of the obligation to use the GPS System was extended to all hydrocarbon transport units circulating in the country in order to reinforce safety in the commercialization of hydrocarbons.
– The “Standard for the Periodic Inspection of Tightness of Pipelines and Buried Tanks Storing Liquid Fuels and Other Products Derived from Hydrocarbons” was adopted in order to have a better predictability on the periodicity of the tightness tests to be carried out.
– The Regulation of Natural Gas Distribution by Pipeline Network, adopted by Supreme Decree Nº 042-99-EM, was amended to promote the development of projects that allow the massification of Natural Gas in a greater number of regions in the country, including the exceptional figure of the temporary concession and the use of resources from the Energy Social Inclusion Fund (“FISE”). Likewise, some clarifications were added for the execution of the Five-Year and Annual Plans, in order to promote the development of the distribution networks.
– The volume of LPG stored in vessels or barges was considered for the calculation of LPG stocks and the procedure applicable to the granting of exceptions to the compliance with the minimum LPG stocks was regulated.
– The definitions of “LNG Refueling Station” and “LNG Refueling Station Marketer” were amended to guarantee the LNG stocks required for the rendering of the public service of natural gas distribution by pipeline network in favor of residential and commercial consumers of natural gas distribution concessions.
– Likewise, clarifications were added to regulate the way in which the operation and maintenance of the natural gas distribution infrastructure by pipeline network built with FISE resources will be remunerated, in order to ensure its incorporation in the tariff regulation.

Any questions on this matter may be answered by doctors Jorge Pérez-Taiman (jpereztaiman@estudiorodrigo.com), Carolina Noriega (cnoriega@estudiorodrigo.com), Piero Scarafone (pscarafone@estudiorodrigo.com) and/or Talía Hormaeche (thormaeche@estudiorodrigo.com).