Osinergmin classifies as a sanction the shortage of minimum LNG stocks

The Supervisory Agency for Investment in Energy and Mining (Osinergmin) It decided to integrate a fifth item in the scale of fines and sanctions for the control of natural gas, referring to the fact that the marketers at the filling station, or their liquefaction counterparts, do not have a minimum monthly supply of the fuel.

Through the Osinergmin Board of Directors Resolution No. 251-2021-OS / CD, the regulatory body has to introduce a fifth item to Annex 1 of the Classification and Scale of Fines and Sanctions of the Natural Gas Supervision Management, in compliance with Supreme Decree No. 010-2021-EM, published on May 13.

Said decree established to classify as sanctions that the marketer at the filling station does not maintain the minimum monthly stock of LNG determined by the procedure, or that it did not comply with reporting information on the existence of LNG to Osinergmin.

In the same way, they are now typified sanctions that the Liquefaction Station does not maintain the minimum monthly stock of LNG determined by the procedure, or does not report, likewise, information on the existence of LNG.

“The Liquefaction Stations must have their own storage capacity and the LNG Loading Station Marketer must have contracted storage capacity; in order to guarantee a minimum monthly stock of LNG equivalent to thirty calendar days of average LNG loading of the last six calendar months prior to the month of inventory calculation. Inventories will be considered net, that is, discounting the funds ”, says the DS.

In this way, item 5 in the scale of Fines and Sanctions of the Natural Gas Supervision Management has been made, referring to “Failure to comply with the obligations related to the inspection of minimum inventories.”

It should be noted that, in the event of a partial or total shortage of LNG for the domestic market due to emergency situations, the Ministry of Energy and Mines is empowered to authorize solely and exclusively companies that provisionally administer Distribution Concessions or Distribution Concessionaires to be acquired. part or all of the reserve that the referred minimum monthly stock represents, setting the duration of said acquisition.

“In this case, the Liquefaction Stations and / or LNG Loading Station Marketer will not be subject to any sanction for not maintaining the aforementioned minimum monthly average existence during the term of the aforementioned authorization. In this case, the sale price of the LNG will be the sale price of the Liquefaction Station and / or Trader in the LNG Loading Station, in accordance with its commercial practices ”, it was established last May.

Given that the provisions of this Resolution No. 251-2021-OS / CD are not aimed at creating new obligations for the audited agents, but rather at classifying the breach of existing obligations, Osinergmin excepted their publication for comments.