Gas Sales and Gas Transportation Agreements Principles and Practice

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Description
This is the third edition of this book. Apart from a general overhaul and update, in comparison with the second edition (2008) this edition includes specific consideration of the mechanics of gas storage and gives more attention to issues such as the rights of third party access to infrastructure and applicable competition law principles. The precedent agreements in Section II have not been radically changed (my experience of seeing them used in practice tells me that they work well enough as is) but some additional drafting has been suggested. A glossary of the various technical and operational terms used in this book has also been included.
Natural gas is increasingly viewed as the solution to the demand for a secure, reliable, long-term supply of clean energy and this is as much the case for emerging economies as it is for historical gas-producing economies whose domestic reserves bases are in decline. Concerns about climate change and energy security of supply have given renewed impetus to the development of gas (or LNG) production and consumption projects, and have propelled natural gas to the forefront of the energy agenda. Significant undeveloped reserves of unconventional and conventional gas mean that there is a plentiful supply of energy for future generations to rely on.
The appeal of natural gas as a feedstock for power generation, principally due to gas's advanced thermal efficiency and clean combustion characteristics (particularly when viewed in comparison with coal or oil as a feedstock) is well known. The attraction of gas is further enhanced when considering the comparative mechanics of developing power generation portfolios based on alternative energy sources. Nuclear energy programmes are expensive, are founded on lead-times often measured in generations and require significantly centralised efforts so that the necessary economies of scale can be achieved, whereas power generation through single or combined cycle gas turbines can be developed quickly in response to more localised market conditions. The tragic events which unfolded in Japan earlier this year have caused many nuclear energy-dependent countries to think again about placing such a heavy reliance on that technology. As for renewable energy (in all its various forms), its inherent intermittence, low load factoring and inability to sustain itself in the energy mix without the benefit of significant artificial economic engineering continues to give it a relatively marginal position.
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Contents
Section - I
Part A - General Principles of Gas and LNG Sales and LNG Sales and Transportation Projects
1.    The Nature of Gas
2.    Project Structuring
3.    The Contacting Process
4.    Gas Storage
5.    Regulatory Issues
Part B - Gas and LNG Sales Agreements
6.    Gas and LNG Sales Contracts
7.    Parties and Collateral Support
8.    The Delivery Point and Delivery
9.    Term and Effectiveness
10.  Quantities, Rates and Reserves
11.  Nominations and Scheduling
12.  Shortfall
13.  Undertake Gas and Overtake Gas
14.  Gas and LNG Pricing
15.  Price Review
16.  Take and Pay, Take or Pay
17.  Make up and carry forward
Part C - Gas and LNG Transportation Arrangements
18.  Principles of Pipeline Gas Transportation
19.  Parties to the GTA and Collateral Support
20.  Term and Duration
21.  The Input point, the delivery point and delivery
22.  The Transporter's and the Shipper's Obligations
23.  Quantities ad Capacities
24.  Tariff and Capacity Payments
25.  Ship or Pay
26.  Transporter and Shipper Failure
27.  Commingling, Allocatiion and Attribution
28.  LNG Shipping
Part D - Common Components of Gas and LNG Sales and and Transportation Arrangements
29.  Invoicing and Payment
30.  Quality Specification
31.  Off-Specification Gas and LNG
32.  Measurement
33.  Facilities
34.  Maintenance
35.  Force Majeure
36.  Liabilities and Limitation
37.  Transfers, Third Party Performance and Control
38.  Termination
39.  Dispute Resolution
40.  Other Provisions
Section II
Appendix A - Proforma Gas Sales Memorandum of Understanding
Appendix B - Proforma Gas Sales Agreement
Appendix C - Proforma Gas Transportation Memorandum of Understanding
Appendix D - Proforma Gas Transportation Agreement
Appedix E - Additional Drafting
Index
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Author Details
Peter Roberts : Solicitor, England and Wales, Solicitor, Hong Kong
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