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Issues and Challenges of Gas Contracts

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Abstract

Contracts are agreements entered into by two parties with the intention of creating a legal obligation. As the gas sector in India has evolved from pre-NELP regime to a market open to international LNG contracts, the domestic gas contracts also evolved with newer dimensions, newer clauses, and newer obligations or bindings. Gas contracts are entered into in various forms with different objectives across the gas value chain. In the upstream sector, production sharing contract (PSC) is signed between Government of India and the Producer Consortium. Joint operating agreement (JOA) is signed among the consortium members. Gas producer also signs gas supply contracts (GSC)/gas supply agreement (GSA)/gas sales and purchase agreement/contract (GSPA) with the transporter/trader in the midstream segment. In the downstream, the transporter/trader signs agreements with the customers/consumers of gas. The supply gets governed by the GSC, and the transmission is governed by gas transmission agreement (GTA). In some cases, the transmission and the supply gets clubbed in a single contract termed as GSTA or gas supply and transmission contracts. The downstream contracts may be named differently but structurally they still remain same with minor modifications. This chapter brings in illustration on different types of midstream and downstream contracts, the process description of execution of contracts, how the contracts have evolved, and futuristic changes expected in these contracts.

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Notes

  1. 1.

    http://ppac.org.in/WriteReadData/userfiles/file/THEPETROLEUM2006.pdf accessed on 12 July, 2016.

  2. 2.

    Evolution of Indian Oil and Gas Industry, http://www.dghindia.org/index.php/page?pageId=56&name=INDIA’S%20E%20and%20P%20REGIME.

  3. 3.

    Page 204, Handbook of Natural Gas Technology and Business by Parag Diwan.

  4. 4.

    Rasgas website, http://rasgas.com/Customers/PetronetLNGLimited.html.

  5. 5.

    Gas Sales Purchase Agreement (GSPA) GeoEnpro Petroleum Limited; http://geoenpro.com/httpdocs/nio/docs/4%20%20GeoEnpro%5FModel%20Gas%20Sales%20and%20Purchase%20Agreement%20%28GSPA%29.pdf.

  6. 6.

    Model Production Sharing Contract, DGH Website; http://dghindia.gov.in//assets/downloads/56ce987441809MODEL_PRODUCTION_SHARING_CONTRACT(MPSC).pdf.

  7. 7.

    Joint Operating Agreements, Oil & Gas Financial Journal; http://www.ogfj.com/articles/print/volume-11/issue-10/features/joint-operating-agreements.html.

  8. 8.

    Statutory approvals may include the following:

    1. 1.

      Approval from PESO/CCE (Chief Controller of Explosives).

    2. 2.

      Approval from BIS (Bureau of Indian Standards) for all flameproof instruments manufactured in India.

    3. 3.

      Certificate from statutory body for hazardous area approval for all electrical items mounted on the skid etc.

  9. 9.

    To maintain safe, uninterrupted/continuous gas supply to the buyer, the seller is required to install and operate some equipment at the buyer’s premises like Pressure Regulatory System (PRS), Metering Skid, Telemetry and Telecom system etc. For all such facilities the buyer is required to pay all charges mutually agreed between the buyer and the seller. In case the Buyer requests any advisory/consultancy services related to safety audit, energy audit, energy calibration, instrument calibration, maintenance of buyer’s pipeline facility downstream of the delivery point, such value added services may also sometimes are provided at a cost.

References

  • Business Standard (2006) GAIL, ONGC sign gas sale agreement. 8 July 2006

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  • PNGRB (2012) Concept paper on unbundling of activities on transportation and marketing of natural gas. 11 Sept 2012

    Google Scholar 

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Correspondence to Manas Das .

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Das, M. (2017). Issues and Challenges of Gas Contracts. In: Kar, S., Gupta, A. (eds) Natural Gas Markets in India. Springer, Singapore. https://doi.org/10.1007/978-981-10-3118-2_4

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  • DOI: https://doi.org/10.1007/978-981-10-3118-2_4

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  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-10-3116-8

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