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ensure uninterrupted and adequate supply of natural gas and to promote competitive markets.
However, the E&P activities are not under the purview of PNGRB.
3.4.1
Functions of PNGRB
Protect the interest of consumers by fostering fair trade and competition amongst the entities
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Lay down the technical standards and specifications including safety standards
Resolve disputes amongst the entities and between entity and consumer
PNGRB (Access Code for City or Local Natural Gas Distribution Networks)
Regulations, 2011
The regulation defines the contract between the authorized entity and the shipper and applies to
the authorized CGD entity immediately after the end of marketing exclusivity period.
The authorized entity is required to declare the entry point and exit point capacity for open
access 180 days prior to the end of the marketing exclusivity period.
The regulation necessitates that the gas accounting is required to be done on a daily basis in
energy terms.
The charges which are to be paid by the shipper to the authorized entity includes network tariff,
compression charge, overrun charge, system imbalance charge, off-spec gas charge, applicable
taxes and any other mutually agreed charge in the access arrangement.
3.5.2
The regulation defines the framework for CGD network development in a particular GA. It
determines the modes of initiation of proposal, public consultation and the mechanism for
initiating the CGD bidding procedure. The bidding criteria are lowness of network tariff,
lowness of compression charge for CNG, highness of inch-km of steel pipeline and highness of
domestic connections.
3.5.3
The regulation applies to the authorized entity developing the CGD network. The rationale
behind providing exclusivity are incentivizing investments, allowing time for volume build up
and gas ramp-up and making the authorized entity solely responsible for CGD developments.
The authorized entity is given an infrastructural exclusivity of 25 years. The marketing
exclusivity wherein the network is exclusive from the purview of contract and common carrier is
of 5 years for an entity which is authorized by the bidding process. The entities authorized under
Section 17 and 18 are given a marketing exclusivity of 3 to 5 years depending upon the operating
period of such entities.
3.5.4
The regulation specifies that the design, materials, equipments, welding, fabrication, installation,
testing, operation and maintenance of the CGD network needs to be done in accordance with the
requirements of ASME.
The regulations specify the technical standards and specifications including the safety standards.
The regulation is instrumental in minimizing the hazards and risks in operation and maintenance
of CGD networks.
3.5.5
PNGRB (Code of Practice for Quality of Service for City or Local Natural Gas
Distribution Networks) Regulations, 2010
These regulations lay down code of practice for promoting reliable service to consumers and the
public and obligations of consumers. The regulation necessitates the entities to display the
comprehensive procedure and all necessary information for obtaining the PNG connection on
available platforms such as internet and newspaper.
3.5.6
3.5.7
Salient features
Service Obligations
Exclusivity
Transparency
Conflict Management
Safety Maintenance
Quality Assurance
Formation of PNGRB lead it to the challenges of fixing pipeline tariffs, identifying regions
needing gas pipelines and awarding contracts, ensuring transporters' service quality, allowing
third-party access to the existing pipelines and ensuring fair play in a sector naturally prone to
monopolies. Besides, since pipeline infrastructure gives an edge to the first entrant, the regulator
has to be extra careful in ensuring access to subsequent players to pipelines.
These functions can be performed only from a position of strength and utmost vigil, as operators
might tend to take advantage of regulatory arbitrage that is common in a sector regulated by a
central agency and is operating in far-flung areas. Often, operators might be tempted to start
work with a mere no-objection certificate from a local authority without PNGRB's mandate.
Such instances are, to some extent, responsible for the delay in empowering the Board.
The draft license rule issued by the Board for companies laying gas pipelines resolved a
longstanding issue of the status of entities like Indraprastha Gas Ltd, which started operations
with the central government's permission before the Board was set up, by exempting them from
the need for a fresh PNGRB authorization. But the Board will monitor the performance of these
entities in laying pipelines. All new entrants in city gas distribution and transportation of natural
gas will need the Board's clearance.
The real challenge is the implementation of these norms, for which the regulator would need a
system to redress disputes and solve grievances in addition to a strong field force. Despite some
teething problems, the Board's beginning appeared to be promising. (Gireesh Chandra Prasad,
2010)
3.6.2
Notification of Section 16
Fresh from receiving full powers, oil regulator PNGRB invited bids for giving licenses for
retailing CNG to automobiles and piped cooking gas to households.
Nearly three years after it came into existence, the government notified a crucial section that give
the regulator explicit powers to issue city gas distribution licenses. The Section 16 of the
Petroleum and Natural Gas Regulatory Board Act of 2006 was notified with effect from July 15,
2010. The section gives PNGRB powers to authorize companies to retail CNG to automobiles
and pipe cooking gas to households.
PNGRB, however, did not feel constrained by absence of Section 16 and held two rounds of
bidding for giving city gas distribution rights before the notification of Section 16 came into
existence. In March 2009, it conducted the first round for six cities. In the second round in
August 2009, PNGRB invited bids for seven cities, including Ghaziabad.
Indraprastha Gas Ltd, which claimed it had central government and Supreme Court authorization
for retailing CNG and piped gas in Ghaziabad, challenged in the Delhi High Court the PNGRB's
authority to issue licenses in absence of the Section 16. The HC in January ruled that PNGRB
had no powers to issue city gas authorization, leading to scrapping of second round. After the HC
ruling, the authority to issue CGD licenses fell on the central government which authorized
winners of the first round of auction conducted by PNGRB and explicitly gave the license for
Ghaziabad to IGL.
Armed with the notification of Section 16, which empowered the downstream oil regulator to
issue authorization for city gas distribution (CGD) licenses, the regulator came out with a third
round of auction. (The Economic Times, 2010)
3.7 CRITIQUE
Notifications of Section 16
Bidding Issues
References:
India. Petroleum and Natural Gas Regulatory Board Act 2006. New Delhi: Petroleum and
Natural Gas Regulatory Board.
India. PNGRB (Access Code for City or Local Natural Gas Distribution Networks) Regulations
2011. New Delhi: Petroleum and Natural Gas Regulatory Board.
India. PNGRB (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas
Distribution Networks) Regulations 2008. New Delhi: Petroleum and Natural Gas Regulatory
Board.
India. PNGRB (Code of Practice for Quality of Service for City or Local Natural Gas
Distribution Networks) Regulations 2010. New Delhi: Petroleum and Natural Gas Regulatory
Board.
India. PNGRB (Exclusivity for City or Local Natural Gas Distribution Network) Regulations
2008. New Delhi: Petroleum and Natural Gas Regulatory Board.
India. PNGRB (Technical Standards and Specifications including Safety Standards for City or
Local Natural Gas Distribution Networks) Regulations 2008. New Delhi: Petroleum and Natural
Gas Regulatory Board.
InfralineEnergy. (2011) City Gas Distribution in India: Demystifying the Opportunities, Growth
and Investment Potential. New Delhi: Infraline Technologies (India) Private Limited
Prasad, G. C. (2010) Real challenge awaits PNGRB. Financial Express. Aug 9. Available from:
http://archive.financialexpress.com/news/Real-challenge-awaits-PNGRB/657713 [Accessed: 12th
Nov 2014]
The Economic Times. (2010) PNGRB invites bids for retailing gas in 4 states. July 28. Available
from: http://articles.economictimes.indiatimes.com/2010-07-28/news/27589301_1_pngrb-cgdcity-gas [Accessed: 5th Nov 2014]
India. PNGRB (Determination of Network Tariff for City or Local Natural Gas Distribution
Networks and Compression Charge for CNG) Regulations 2008. New Delhi: Petroleum and
Natural Gas Regulatory Board.