Nigerian Gas Policy Dr. Adeoye Adefulu Odujinrin & Adefulu Barristers Solicitors & Notaries Public Barristers, Solicitors & Notaries Public Lagos – Abuja – Port‐Harcourt
Background g • Nigeria has an estimated 182 TCF of proven natural gas reserves; • 7th largest natural gas reserve holder in the world; g g q y • High grade quality: 0% sulphur & rich in NGLs 21/09/2009
Odujinrin & Adefuluestd. 1972
2
Background (contd.) g ( ) • Most gas discoveries have been made in the p process of exploring for oil; p g • Nigeria is globally the No. 1 gas flarer : – 40% of Nigeria’s annual production is flared; 40% f Ni i ’ l d ti i fl d – The country accounts for 12.5% of the gas flared in the world (Source: World Bank).
• The current legal and fiscal framework for the g petroleum industry is geared towards oil production and utilisation with very little production and utilisation with very little focus on gas 21/09/2009
Odujinrin & Adefuluestd. 1972
3
Historical Background Historical Background
• Petroleum (Drilling and Production) g Regulation • Licensee was expected to submit feasibility study, programme or proposal for gas utilisation not later than five years of the commencement of production
• No adequate penalty for violation
• Petroleum (Amendment) Act • Government may take the gas at the flare at no cost • Absence of infrastructure to develop and utilise the produced gas 21/09/2009
Odujinrin & Adefuluestd. 1972
4
National Energy Policy National Energy Policy • Policies – The nation's gas resources shall be harnessed and optimally integrated into the national economy, energy mix and industrial processes. h l d d l – The nation shall engage intensively in gas exploration and development with a view to increasing the reserve base to the highest p g g level possible. – The nation shall put in place necessary infrastructure and incentives to encourage indigenous and foreign companies to invest in the industry encourage indigenous and foreign companies to invest in the industry. – The nation shall put in place necessary infrastructure and incentives to ensure adequate geographical coverage of the gas transmission and distribution network.
21/09/2009
Odujinrin & Adefuluestd. 1972
5
National Energy Policy (contd.) National Energy Policy (contd.) • Objectives – To eliminate the flaring of associated gas by 2008. – To expand the utilization of natural gas as industrial and domestic fuel, as well as for power generation. – To increase the use of natural gas as industrial feedstock for To increase the use of natural gas as industrial feedstock for petrochemical, pharmaceutical and fertilizer plants, etc. – To use gas to diversify the foreign exchange earning base of the nation. – To accelerate the process of technology acquisition and diffusion in the gas industry. – To encourage indigenous entrepreneurial capability in the gas industry To encourage indigenous entrepreneurial capability in the gas industry including the development of end‐use devices. – To determine the level of gas reserves available to the nation. 21/09/2009
Odujinrin & Adefuluestd. 1972
6
National Energy Policy (contd.) National Energy Policy (contd.) • Strategies – Encouraging the oil‐producing companies to gather and utilize associated gas in order to eliminate flaring by 2008. d d l fl b – imposing appropriate and effective penalties to discourage gas flaring. – Encouraging the establishment of the necessary infrastructure for the Encouraging the establishment of the necessary infrastructure for the effective gathering, transmission and distribution of gas nationwide. – Formulating suitable urban and regional planning regulations needed f h ff i di ib i for the effective distribution of natural gas to, and its utilization by, f l di ili i b domestic and industrial consumers. – Providing necessary incentives to indigenous and foreign g y g g entrepreneurs to facilitate their participation in the gas industry.
21/09/2009
Odujinrin & Adefuluestd. 1972
7
National Energy Policy (contd.) National Energy Policy (contd.) – Providing incentives to encourage industrial and domestic consumers d d l dd to use gas or to convert to gas. – Providing incentives to encourage the introduction and use of LPG g g appliances in areas not accessible to natural gas so as to encourage the consumer preference for gas. – Establishing suitable infrastructure for the export of natural gas. Establishing suitable infrastructure for the export of natural gas – Expanding and promoting gas related R & D outfits in the country. – Ensuring that the price of natural gas is cost‐effective, while giving due g p g , g g attention to the effect on local consumption. – Embarking on deliberate exploration for as deposits in all parts of the country. country
21/09/2009
Odujinrin & Adefuluestd. 1972
8
Nigerian Gas Masterplan Nigerian Gas Masterplan • Approved by the Federal Executive Council • Hinged on 3 critical elements Hinged on 3 critical elements – Gas pricing policy – Domestic gas supply obligation D i l bli i – Gas infrastructure blueprint
21/09/2009
Odujinrin & Adefuluestd. 1972
9
Elements of the Nigerian gas masterplan Elements of the Nigerian gas masterplan
Gas Infrastructure Bl Blueprint i t
Envisages the development of: •3 Central processing Facilities; •A network of gas transmission pipelines; •LPG storage & supply Facilities.
21/09/2009
Gas Pricing Regime
Domestic Gas Supply Obli ti Obligation
Pricing regime to be differentiated across sectors: •Strategic St t i Domestic D ti Sector S t (cost of supply basis) •Strategic Industrial Sector (product netback basis) •Strategic St t i commercial i l sector t (alternative fuels basis)
Regulation to impose: •Mandatory reserves allocation f domestic for d ti use; •Compliance to be a condition of export
Odujinrin & Adefuluestd. 1972
10
Gas Pricing Policy Gas Pricing Policy • The objective is to create a structured and transparent framework for gas pricing • It establishes 3 broad categories of domestic buyers of gas:
Demand Sectors
Strategic domestic Sector (Power)
Strategic Industrial Sector (methanol, GTL, fertiliser)
Commercial Sectors Cement, Steel, CNG, Other domestic industries 21/09/2009
Odujinrin & Adefuluestd. 1972
11
Demand Sectors Demand Sectors • Strategic Domestic Sector – this refers to sectors that have a significant direct multiplier effect on the economy. The strategic intent is to facilitate low cost gas access strategic intent is to facilitate low cost gas access • Strategic Industrial Sector – use gas as feedstock in the production of value added products typically destined for production of value added products typically destined for export. The strategic intent is to ensure that feedgas price is affordable and predictable affordable and predictable • Commercial Sectors – use gas as fuel and are able to bear high prices
21/09/2009
Odujinrin & Adefuluestd. 1972
12
Differentiated Pricing Structure Differentiated Pricing Structure • The pricing policy does not fix gas prices but p provides a framework for establishing the g minimum gas price that can be charged to any category of buyer category of buyer. – Strategic Domestic sector – lowest cost of supply + 15% IRR – Strategic Industrial sector – Strategic Industrial sector product product netback but gas floor netback but gas floor price must not be lower than cost of supply of gas – Commercial sector Commercial sector – indexed to price of alternative fuels indexed to price of alternative fuels
21/09/2009
Odujinrin & Adefuluestd. 1972
13
Aggregate gas price and the domestic gas aggregator • Aggregate domestic price is the forecast g p p j average domestic price based on projected total demand portfolio and using the pricing framework • All suppliers would be paid the aggregate domestic price • The gas aggregator manages the The gas aggregator manages the implementation of the DGSO & aggregate price 21/09/2009
Odujinrin & Adefuluestd. 1972
14
Domestic gas supply obligation Domestic gas supply obligation • In recognition of the need to have sufficient g gas to meet the need of the demand sectors, the government has introduced a DGSO by regulation • It is an obligation to dedicate a specific volume of gas towards domestic gas and to l f deliver the gas to a purchaser – Volumes are to be set by minister – Allocation to be based on principles of “equity” to be determined by minister i it 21/09/2009
Odujinrin & Adefuluestd. 1972
15
Domestic gas supply obligation (contd.) Domestic gas supply obligation (contd.) • Failure to meet obligations would lead to: – Penalties (obligation to pay for the volumes not ( g p y supplied) – Prohibition not to supply gas to any export project Prohibition not to supply gas to any export project
21/09/2009
Odujinrin & Adefuluestd. 1972
16
Gas infrastructure blueprint Gas infrastructure blueprint • Current state of gas infrastructure is poor! • The Escravos to Lagos Pipeline System (ELPS), g p y ( ), completed in the nineties is the main transmission pipeline system dedicated to pp y domestic consumption in the country – ELPS also serves as the source of gas supply for the West African Gas Pipeline System – repeated sabotage of the pipeline and feeder systems has led to frequent supply disruptions to frequent supply disruptions
21/09/2009
Odujinrin & Adefuluestd. 1972
17
• The other major downstream pipeline systems are dedicated to single projects leading to sub optimal pipeline configurations – These pipelines are mainly to export oriented projects and cover areas already served by other single project pipelines cover areas already served by other single project pipelines.
21/09/2009
Odujinrin & Adefuluestd. 1972
18
Gas infrastructure blueprint Gas infrastructure blueprint • Blueprint provides a framework for future gas p g infrastructure developments in Nigeria • Provides for 3 gas gathering and processing facilities and a network of gas transmission facilities and a network of gas transmission lines
21/09/2009
Odujinrin & Adefuluestd. 1972
19
Gas gathering facilities Gas gathering facilities • Indicative locations – Warri/Forcados – Obiafu area – Calabar/Akwa Ibom
• Each CPF to cover a designated exclusive franchise area franchise area – A network of gas gathering pipelines and compressor stations to be developed in each area stations to be developed in each area – Each franchise area to serve as regional hubs 21/09/2009
Odujinrin & Adefuluestd. 1972
20
Gas transmission lines Gas transmission lines • The blueprint proposes 3 backbone gas y transmission systems: – South to North transmission backbone – Western transmission system Western transmission system – The Interconnector system
21/09/2009
Odujinrin & Adefuluestd. 1972
21
Gas infrastructure blueprint Gas infrastructure blueprint
21/09/2009
Odujinrin & Adefuluestd. 1972
22
Contractual framework Contractual framework
21/09/2009
Odujinrin & Adefuluestd. 1972
23
Downstream gas Downstream gas • Petroleum industry bill incorporates some of the terms of the moribund Downstream Gas Act • The bill lays the foundation for the The bill lays the foundation for the establishment of a wholesale gas market • Appears to conflict with NGMP – No recognition of the pricing policy No recognition of the pricing policy
• Authority required to monitor anti‐ competition activities ii i ii 21/09/2009
Odujinrin & Adefuluestd. 1972
24
Gas flaring Gas flaring
21/09/2009
Odujinrin & Adefuluestd. 1972
25
Gas produced, utilised, flared Gas produced, utilised, flared
2,000
70%
1,500
60%
1,000
50%
500
40%
-
30% 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 GAS FLARED GAS SOLD
21/09/2009
% Gas s Flared
80%
BScf
Gas Produced: Utilised and Flared 2,500
INJECT./LIFT LNG
FUEL % FLARED
Odujinrin & Adefuluestd. 1972
NGL
26
• The percentage of gas flaring has reduced g y significantly from 98% in the 70s • Several gas flare out dates have been set – Latest is December 2008 L t ti D b 2008 – Has routine gas flaring ended?
21/09/2009
Odujinrin & Adefuluestd. 1972
27
Gas flaring policies Gas flaring policies • Associated gas reinjection act 1979 and – Set deadlines for ending gas flaring gg g • Flaring was meant to end January 1, 1984 • Flaring is illegal without the permission Flaring is illegal without the permission of the Minister of the Minister • Penalty for flaring was forfeiture of all concessions
21/09/2009
Odujinrin & Adefuluestd. 1972
28
Gas flaring policies (contd.) Gas flaring policies (contd.) • Associated gas reinjection (continued flaring g ) g of gas) regulations – Flaring could continue: • More More than 75% is effectively utilised or conserved; than 75% is effectively utilised or conserved; • Produced gas contains 75% impurities; • Ongoing utilisation programme is interrupted by equipment failure; • If the volume of gas produced is small in relation to the distance to a possible utilisation point and it is not technically advisable to p p y reinject • Where the minister, as hemay deem fit orders the production of oil from a field that does not satisfy the above conditions oil from a field that does not satisfy the above conditions 21/09/2009
Odujinrin & Adefuluestd. 1972
29
Gas flaring policies (contd.) Gas flaring policies (contd.) • Associated Gas Re‐injection (Amendment) Act 1985 – More circumstances for exemption – Minister may issue exemptions when he is Minister may issue exemptions when he is satisfied that utilisation or reinjection of produced gas is not appropriate or feasible gas is not appropriate or feasible What does history say about our gas flaring policy?
21/09/2009
Odujinrin & Adefuluestd. 1972
30
Gas flaring policies (contd) Gas flaring policies (contd) • Routine flaring continues • Coys happy to pay penalties Coys happy to pay penalties • Mechanisms available to government not fully utilised ili d – Ministerial permission – Legislation – NNPC NNPC’ss position in JVs position in JVs
21/09/2009
Odujinrin & Adefuluestd. 1972
31