Perupetro: companies with open lawsuits will not receive more oil lots

The first stage for the bidding of lots V and VII of Talara, destined for their reprivatization by the Government, culminated with the authorization of more than 10 interested companies, which must now present their offers this Monday, July 10 and Thursday, July 13. public.

Perupetro’s work now begins. Previously, the agency clarified that the companies that maintain an arbitration against the Peruvian State are prevented from participating in a tender or direct negotiation for new contracts.

In dialogue with La República, the president of Perupetro, Isabel Tafurexplained this regarding Block 8, whose former operators are immersed in a process for environmental liabilities, after its abandonment in 2020.

“We are in an arbitration process against all the companies that make up the contractor of Block 8 and, in addition, their corporate guarantors,” he said.

The Loreto deposit was operated, at the time of its early return (the contract ran from 1996 to 2024), by four companies: Pluspetrol Norte SA (60%); Posco Daewoo Corporation Peruvian Branch (11.7%); Korea National Oil Corporation Branch. Peruana (20%) and SK Energy Peruvian Branch (8.3%).

However, 45% of PPN corresponds to the state holding China National Petroleum Corporation (CNPC), the main crude producer of the Asian giant and today on Block X, the largest in Talara. This, after the Argentinean company Pluspetrol sold it that participation in 2004 for US$200 million.

Tafur objects that the details of who are the shareholders in each of the companies involved are not decisive when it comes to establishing with whom more contracts could be negotiated again.

“We have a contract with these companies. We do not look at the shareholders or who makes them up, but at the companies that are part of the agreement. They are the ones who have obligations to us, ”he snapped.

stale contracts

Aurelio Ochoa Alencastre, former president of Perupetro, points out that the state agency itself should verify this type of blemish in the negotiation, although he acknowledges that the firm involved could appeal to the Judiciary for an appeal for amparo.

“It is what is styled. A company with this type of problem should not participate in any transaction with the State. This is what our general regulations establish for all types of contracts, including oil concessions. Finally, Perupetro is a public entity too ”, he refers.

The specialist recalls that, during the qualification, the competitors of the questioned company could request their observation. Usually they don’t “At some point they could experience the same situation.”

The former president of Petroperú César Gutiérrez assures that alternating a legal entity —even when it is a majority shareholder— is a common public contracting practice that does not escape the sector to avoid some risks, such as not being able to contract again.

“But in the case of oil, it is not so easy to do that, since the bidders, to participate, must be qualified as oil companies. So, it is not quick to change the legal figure, since the alternative legal figure must meet the requirements of exploitation, exploration and previous experience ”, he clarifies.

Rules that favor shareholders

According to article 9.3 of the Perupetro Qualification Regulation, a bidder must not “have any impediment or restrictions by contractual, judicial, arbitration, administrative, corporate, legislative or other nature to negotiate (…) or to participate in selection processes convened by it, nor to sign contracts or technical evaluation agreements, nor to invest or carry out exploration and exploitation of hydrocarbons in Peru”.

The contract for Block X (11,000 bpd) ends in May 2024. CNPC, the current operator, has 45% of the shares of PPN —which is still on trial for its environmental liabilities in the jungle—, and is now going for blocks V and VII.

Data

Interest. The Republic was able to meet 5 bidders for lots V and VII: CNPC, Savia, Olympic, Unna and Cheiron.

Sheet. The winner of the good pro will be the company that offers the best work program, reported Perupetro.

Raw. According to official figures, the Talara wells still have potential for 30 or 40 years.

The word

Aurelio Ochoa, former president of Perupetro

“This is not a law that works for Perupetro in particular. It should be the Comptroller’s Office that detects these types of observations, but sometimes it does so when the tender has already been awarded.”