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The dispute over the Sakhalin pipe: Rosneft VS Gazprom

In June 2014, Rosneft filed a complaint with the Federal Antimonopoly Service regarding access to the Sakhalin-2 pipeline.

In July, FAS, having considered the complaint of Rosneft, warned the operator of the Sakhalin-2 project about the need for 31 2014 to consider the application of Rosneft.

14 August, the Antimonopoly Service filed a case against Sakhalin Energy due to a refusal to connect Rosneft to the Sakhalin-2 system.

In late August, according to the statement of the vice-president of Rosneft, Vlad Rusakov, Gazprom and Rosneft were able to achieve understanding and achieve certain agreements on access to the Trans-Sakhalin gas pipeline.

In mid-October, according to Interfax, the Ministry of Energy of the Russian Federation sent a report to the Government staff, the content of which explained that, due to lack of capacity, there is currently no way to pump Rosneft gas through the Sakhalin-2 gas pipeline.

FAS, in turn, obliged Sakhalin Energy to provide the necessary information on the amount of the company's obligations for the period of 2012-2014 in the framework of the Production Sharing Agreement for the development of the Piltun-Astokhskoye and Lunskoye oil and gas fields. Sakhalin Energy was to provide information on monthly volumes of production and supply of natural gas for export and domestic market of the Russian Federation, as well as forecasted values ​​up to 2018.

Until now, Gazprom has not submitted to the Antimonopoly Service the documents requested by the agency, which are necessary for the investigation of the case of Rosneft's access to the Trans-Sakhalin gas pipeline.

In response, the FAS announced its intention to conduct an administrative investigation and filed a case against Gazprom concerning an administrative violation. Gazprom is accused of failing to provide information on the case of Rosneft's access to the Trans-Sakhalin gas pipeline in accordance with part 1 of Article 25 of the Law on Protection of Competition. According to part 5 article 19.8 of the Administrative Code of the Russian Federation, the responsibility for this offense is a fine in the amount of 50 to 100 thousand rubles.

The Office reminded Gazprom that, according to the law, it must be in 3-day period from the date of receipt of the resolution published today to submit the necessary documents to the FAS. "Instead of giving the regulator the answer to all the questions, they are delaying the decision. And we will take this into account as an aggravating circumstance in the case of a negative decision. If they do not provide information, then this is a sign that they are hiding something. If now we will manage by fines, then there will be a double fine, then disqualification of officials, and, in the end, we can file a further criminal case against a criminal offense. In the end, I can press the president to Gazprom, because this is the state in which the regulator is hiding information "- said the head of the FAS Igor Artemiev.

9 December representative of the company Gazprom will have to appear for signing a protocol on an administrative offense and giving explanations on the fact of violation. Non-appearance in will be regarded as a refusal to sign the protocol. Consideration of the petition of Rosneft for access to the Sakhalin Energy gas pipeline will be held 10 December.

Rosneft access to the pipe is necessary to reduce the cost of its LNG project, which it carries out jointly with the American company ExxonMobil. The pipe can be used to transport gas to a liquefied natural gas plant. The launch of this enterprise is planned for the end of 2018. Recently, Rosneft proposed to include it in the Sakhalin-1 project, which, under the Production Sharing Agreement, has 20% from Rosneft, and ExxonMobil - 30%. If this happens, then the cost of building the plant will be borne by the state. The Rosneft website notes that the source of raw materials for the new plant should be gas from Sakhalin-1. In 2013, Sakhalin-1 produced 10 billion cubic meters. m of gas, most of which is now pumped back into the reservoir. Thus, Rosneft and ExxonMobil want to use the infrastructure of Sakhalin Energy for gas supplies to the LNG plant.

Gazprom, in turn, refuses to Rosneft, arguing that it intends to expand the only LNG plant in Russia on Sakhalin, which is operated by Sakhalin Energy (50% of the shares belongs to Gazprom itself). Within the framework of the Sakhalin-2 project, the Lunskoye and Piltun-Astokhskoye fields of the Sakhalin shelf are being developed. The recoverable reserves of the fields are estimated at 500 billion cubic meters. m of gas. The infrastructure of the Sakhalin-2 project is pledged to the Japanese JBIC to 2021. According to the PSA, it is transferred to the state ownership after timely repayment of the loan, as a result of which the Sakhalin Region will become the owner of the infrastructure. The latter circumstance will allow gas producers on Sakhalin to use the pipeline on a par with Sakhalin Energy.

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