By Resolution Nº 046-2022-OS/CD, published on April 2, 2022 in the Official Gazette “El Peruano”, Resolution Nº 054-2016-OS/CD, which adopted the Regulation “General Conditions of the Natural Gas Distribution Service and Application of Tariffs to the End User” (“General Conditions”), was amended, through which the general tariff conditions of the natural gas distribution service by pipeline network applicable to the end consumer were established, consolidating what is regulated in various devices such as the concession contracts, the Distribution Regulation, the tariff resolutions issued by the OSINERGMIN and the billing procedures adopted for each natural gas distribution concession by pipeline network (“Concession”).
The adopted amendment seeks to align the methodology contained in Article 12 of the General Conditions to Article 107 of the Sole Ordered Text of the Natural Gas Distribution Regulations by Pipeline Network, adopted by Supreme Decree Nº 040-2008-EM, also considering the criteria of efficiency and “passthrough” (i.e., the transfer of the efficient costs of gas supply and transport service to the final price applied to consumers, without adding any additional margin).
As provided in Article 107 above, the Supply volumes and Transport capacity contracted by the Distribution Concessionaire are efficient if they guarantee the security and availability of the attention up to the Annual Projected Demand (“DAP”) of the Consumers whose natural gas Supply and Transport Service is provided directly by the Concessionaire, which is adopted by the OSINERGMIN and/or the promoting entity in the regulatory processes and/or promotion processes, if applicable. However, the adoption by OSINERGMIN of the DAP shall be made when the tariffs for each Concession are set (Regulatory Period 2022-2026 for the Lima and Callao and Ica Concessions). Since there is no historical information of recognized costs calculated under the DAP methodology that would allow determining the Average Gas Price (“PMG”) and the Average Transport Cost (“CMT”) from May 2022, it was considered that, in the months of May to August 2022, the PMG and/or CMT values in force at the date of publication of the resolutions that set the natural gas distribution tariffs by pipeline network of Lima y Callao and Ica for the 2022-2026 period shall be applied.
In line with the aforementioned, Annex 1 of the General Conditions, called “Determination of the Projected Annual Demand (DAP), Recognized Cost for the Supply of Natural Gas (CRG), Recognized Cost for the Transport of Natural Gas (CRT), Settlement Balance for the Supply of Natural Gas (SLG) and Settlement Balance for the Transport of Natural Gas (SLT)” was also amended.
Any query on the 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@ studiorodrigo.com).
