The evolution of gas markets: an upstream perspective Olav Aamlid Syversen, Head of Gas Regulatory Affairs, Statoil Florence School of Regulation, 24March 2014 Content • The organisation of the Norwegian gas industry and its regulation • Perspectives on the European gas industry • Contracting and pricing in the new European market: company view The organisation of the Norwegian gas industry and its regulation Figure 3.4 The net government cash flow from petroleum activities (Source: Norwegian Public Accounts) Figure 3.4 The net government cash flow from petroleum activities (Source: Norwegian Public Accounts) The importance of the petroleum sector for the Norwegian economy Petroleum sector’s share of GDP 21% Net government cash flow from petroleum activities (Source: Norwegian Public Accounts) Petroleum sector’s share of total investment Petroleum sector’s share of state revenue 26% Petroleum sector’s share of total exports 26% 47% Source: Norwegian Ministry of Petroleum and Energy An export oriented market 120 Total production Consumption Domestic natural gas consumption by use, mtoe 100 Total consumption Power Heat Energy industry 6000 bcm 80 5000 4000 60 3000 40 2000 1000 20 0 0 2003 Total consumption 2005 2007 2009 Source: OECD/IEA Power Heat Energy industry 2011 Source: OECD/IEA History 1962 1963 • Phillips Petroleum applies for licence • Norwegian state proclaimed owner of NCS resources 1971 •Ten «oil commandements» produced by Storting 1972 •Creation of Statoil (50% rules, later changed by Storting) 1977 1985 1996 1997 2001 2003 2011 • First gas sales to Europe • State Direct Financial Interest (SDFI) established • Troll «gas machine» on stream • New Petroleum Act into force • Partial privatisation of Statoil; establishment of Petoro •Reorganisation of gas transportation system • Two new major discoveries in the North Sea The size of the Government Pension Fund (Source: Statistics Norway, Norges Bank) Key public institutions for petroleum activities Parliament (Storting): Law making and taxation Major development projects General policy guidelines Ministry of petroleum and energy (MPE) Resource management Licence awarding Regulation Ownership Directorate for supervision: Norwegian Petroleum Directorate (NPD) Ministry of labour and social affairs Health Work environment Safety Directorate for supervision: Petroleum Safety Authority Ministry of finance Taxation and state revenues Petroleum Tax Office Ministry of trade, industry, and fisheries Spill contingency Directorate for supervision: Coastal Administration 7 Ministry of environment The external environment Directorate for supervision: Pollution Control Authority Key petroleum sector players Gassco Gas transport operator Petoro Statoil Management of the SDFI Listed international energy company Largest operating company on the NCS • • • State ownership: 100% 137 licences 40 fields Largest Gassled owner State ownership: 100% International companies Companies that are awarded licences by Ministry State ownership: 67% State ownership: N.A 8 The legal and regulatory framework • General − Resolution 1/1963 – national sovereignty over NCS − Law 21/1973 on exploration (national sovereignty over NCS) − Law 35/1975 on taxation, last amended in 2005 (link) − Law 72/1990 on CO2 tax on petroleum activities − Law 72/1996 on petroleum activities (Petroleum Act), repealing Law 11/1985 (link) − Regulation 653/1997 – on petroleum activities (link) − Regulation 749/2001 – on resource management − Regulation 1625/2005 – on third parties’ use of installations • Natural gas specific − Law 61/2002 on internal market for natural gas (Naturgass loven – link - amended) − Regulation 1724/2002 – on tariffs for defined installations (Gassled-tariffs) (link) − Regulation 1342/2003 – Common rules for the internal market for natural gas (link) • White Papers (government reports to Storting) on oil & gas sector (latest in 2010-2011) and climate (2012) The Petroleum Act • Chapter 1 Introductory provisions − Right to deposits, resource managment, lincence requirements, scope and definitions • Chapter 2 Exploration licence • Chapter 3 Production licence − Opening of areas, granting, state participation, operator, work obligation, duration, right of others, relinquishment, surrender • Chapter 4 Production − Prudent production, PDOs, licence to install and operate facilities, production schedule, joint petroleum activities, use of facilities by others, fees • Chapter 5 Cessation of activities − Decommissioning, liability, takeover by the state • Chapter 6 Registration and mortgaging • Chapter 7 Liability for pollution damage • Chapter 8 Special comepnstaion to Norwegian fishermen • Chapter 9 Special requirements to safety − Emergency preparedness, safety zones, suspension of activities, qualifications, documentation • Chapter 10 General provisions − Prudent activities, management of activities, information, penal provisions, … • Chapter 11 Management of the SDFI Regulation on petroleum activities • Chapter 1 Introductory provisions − Scope and definitions • Chapter 2 Exploration licence • Chapter 2a Impact assessments relating to opening of new areas for petroleum activities • Chapter 3 Production licence − Public announcement, application, fee, criteria for granting, conditions and requirements, state participation, work obligation • Chapter 4 Production − Evaluation of deposit, PDOs, environmental impact assessment(s), production schedule, field report, transport facilities • Chapter 5 Production fees and area fees • Chapter 6 Cessation of activities − Decommissioning, impact assessment, liability • Chapter 7 Information and documentation − Drilling and well activities, annual field status report, info on petroleum produced, sales, plans and budgets, R&D • Chapter 8 Management systems for petroleum activities • Chapter 9 Access to upstream pipeline networks • Chapter 10 General provisions − Transfer of a licence, insurance, audit, labour and trade unions, use of Norwegian language, naming of deposits, training of civil servants, supervision, penal provision 11 Classification: Internal 2012-08-20 The licensing system Nomination Announcement Application Negotiation Award • NCS divided into blocks • NPD gathers geological & scientific data • MPE carries out impact assessment • Industry consulted • MPE proposes blocks for licencing • Storting makes final decision • Announcement of blocks and areas by MPE, specifying: - Who can apply - List of blocks and areas - Conditions for the award - Negotiation issues - Award criteria - Documents requirements - Fee for handling of application: NOK 60,000 - Application deadline and time of award • Companies submit their applications for blocks, including: - Blocks applied for - Priority - Participating interest - Operatorship - Exploration work obligation - Duration - Company structure • Issues for negotiation with MPE: - Extent and content for the work commitment - Seismic - Number of wells • Award criteria: - Technical expertise - Financial strength - Geological understanding - Experience in NCS or other similar areas Naturgassloven – Act on natural gas • Para. 1: Scope – transmission, distribution, supply and sotrage of natural gas not covered by the Petroleum Act • Para. 2: Definitions – mirroring relevant EU internal market definitions • Para. 3: Access to infrastructure (not upstream pipeline systems) • Para. 4: Delegated acts • Para. 5: Annulment or change of licence • Para. 6: Administrative penalties • Para. 7: Review • Para.8: Entry into force 13 Classification: Internal 2012-08-20 Regulation 1342/2003 • Chapter 1: Introductory provisions (scope, definitions) • Chapter 2: Impact assessment and licencing etc. − Small scale transmission, distribution and LNG infrastructure does not require licence − Non-discrimination principle − Lincence conditions • Chapter 3: Accounting, information obligations, maintenance etc. − Requirements for operation, maintenance and development of infrastructure − System information to third parties, use of information by operator − Obligatory contractual information for consumers • Chapter 4: Concluding provisions 14 Classification: Internal 2012-08-20 Gas transportation system EEA agreement (1994) Gas Directive (1998) Update of Petroleum Law (2003) • The world’s largest subsea gas transport network • Export capacity is 120 bcm • Upstream third-party access (TPA) system • Developed in conjunction with production Gassled • Owner of all pipelines, terminals and Kårstø process facility • Established on 1 January 2003 • Joint-venture of main users of transportation system • No employees, organised through various committee Gassco • Operator of gas transportation system owned by Gassled consortium • State owned, neutral and independent Key figures Regularity 1 99.17 % Quality 2 99.99 % Total volume of gas delivered to receiving terminals • Independence and equal treatment as guarantee of «efficient utilisation» of Norwegian gas resources • System operation: planning, coordination and management of gas streams to the markets Highest daily volume delivered • Development of infrastructure 360.8 mill scm 3 Total volume of other products delivered from the gas transport system 7.99 mill tonnes Gross tariffs NOK 25 236 mill Operating costs Operational investments • Capacity administration: allocation and distribution of transport capacity 94.2 bn scm Major projects NOK 5 105 mill NOK 830 mill NOK 2 378 mill 1 Regularity is measured as the volume delivered from the transport system (Gassled area D) in relation to shipper orders. 2 Quality standards are specified in Gassled’s terms and conditions, and are measured in relation to the gas quality delivered from the transport system (Gassled area D). 3 Ethane, propane, butanes, naphtha and condensate (light oil). Source: Gassco Capacity administration: access to pipelines • Capacity available to all shippers provided that: − spare capacity is available in the transportation system; − shipper’s need for transport capacity is demonstrated; − shipper’s gas complies with certain technical specifications (quality and pressure); − shippers demonstrates sufficient financial strength or provides a guarantee. • Access tariff set by Ministry; 9 tariff areas. • Terms and Conditions for shippers (link) − Booking, nominations, offtakes, monthly invoicing similar to European TSOs Source: Gassco Capacity administration: booking • Long-term and medium-term products − made available for long-term and medium term booking twice a year − owners have preferential rights up to two times their ownership interest.. • Short term product − made available on daily basis. • Within day products (up to 4-5 weeks ahead) − can be booked on a first come first served basis 24 hours a day. • Right to use of capacity may be transferred in the secondary market on bilateral basis or through an open market • Bids for and offer of capacity can be placed on the market place at any time for all capacity products (within day, short term, medium term, long term). • Bids/Offers on the market are anonymous. Infrastructure developments • Gassco required to present recommendations and investment proposals for Norwegian gas transportation system • Annual transport plan developed with shippers based on capacity bookings • Gassco ensures neutrality and comprehensive assessment of alternative options and economies of scales Perspectives on the European gas industry A changing gas market A “three speed” Europe • Development of liquid traded market places • Sales contracts and pricing based on different market realities • Market dynamics still create geographic differences • Liberalisation gives access to new customers and sales channels Liberalised markets Slow liberalisation Early phase of liberalisation Unbundling the traditional supply chain Producer National importer Regional / Local distribution company End user Aggregator Towards the European Gas Target Model Past Present TTF NBP 🚢 🚢 🚢 • National markets – Local monopolies • Long term supplies at beach/border • Oil-indexed contract prices A competitive pan-European market Development of liquid traded market places Diversified pricing: Oil or market indexed The 2020 package has contributed to high EU end-user prices, particularly in power Retail electricity prices for industrial consumers in 2012 Breakdown of household electricity bill in Germany 31% 48% 21% Ge, energy Ge, network Ge, taxes and levies … and yet wholesale electricity prices in the EU are close to those in the US → High cost impact of RES-promotion (net support from current schemes expected to be €50bn/yr in 2020) → National policies are distorting pricing signals in the market Sources: Eurostat; Energy prices and costs report (European Commission, 2014), p. 177; Frontier Economics report on 2020 framework Classif25 ication 2014 Multiple targets in the 2020 package have weakened the ETS price signal EUA Price 30 • EUA prices do not provide incentives for − Low-emitting generation to run before higher-emitting* − New investments in low emitting or nonemitting generation − Market based RES investments • There is currently a considerable oversupply of EUAs 25 20 15 10 5 0 Jan-08 Jan-09 Jan-10 Jan-12 Jan-13 Share of factors behind the oversupply of EUAs 20082020 − Oversupply is seen in the price level Economic Recession • Four factors explaining the oversupply, which is expected to last into the 2020s Overlapping instruments • National subsidies provide stronger incentives, but are also unreliable due to possible regime changes International credits Distribution of allowances by member states Sources: GreenStream: Oversupply and structural measures in the EU ETS, September 24, 2013 Classif26 ication Jan-11 2014 EU energy policy framework • EU 2050: Critical role for natural gas acknowledged • EU 2030: Less targets, focus on affordability – slow process • EU competition law may rein in subsidy spree (state aid guidelines) • No functioning ETS anytime soon • Fragmenting policies challenges market-functioning – towards re-nationalisation? • Lack of progress, continued uncertainty, complexity and inconsistency will continue to hinder investments Classif27 ication 2013 Europe has no coherent energy policies • Not fully integrated energy markets UK • Energy policy is a national prerogative, creating diverging policies • Adapting to national differences is challenging for market players Germany Gas Gas Gas Gas Coal Coal Coal Coal Coal Nuclear Nuclear Nuclear Nuclear Nuclear Renewables Renewables Renewables Renewables Renewables Shale gas Shale gas Shale gas Shale gas Shale gas Very Hostile Hostile Source: Lambert Energy Advisory Ltd Classification: Internal Restricted France Gas KEY 28 Italy Poland Neutral/ Mixed Mild support Strong support Policies takes its toll on utilities Classif29 ication 2014 A European supply gap could emerge • Europe will require new gas supplies − Demand recovery? − Falling indigenous production − Strong competition for LNG − Few low-cost options for new supply European supply gap towards 2030 bcm 700 600 500 400 • Uncertainties − US LNG supplies to Europe 200 − European shale gas 100 − Russian exports 30 300 Sources: IHS CERA, Statoil 0 Demand 2012 Decline indigenous production Demand growth Supply gap 2030 Contracting and pricing in the new European market: A company view “Thanks to its flexible approach on gas prices Norway has become the largest gas exporter to the EU.” Tweet by Commissioner Oettinger on 22 November 2013 “Norway's flexible approach on gas prices gives it a competitive advantage and Norway will be a long term key gas supplier for the EU.” Official statement by Commissioner Oettinger on 22 November 2013 Classif32 ication 2013-10-28 History of Long Term Agreements • Financial backbone for infrastructure development • Security of supply • New supply chain developments Source: Wingas Key provisions in traditional long term contracts Typical customer off take flexibility • • • • Duration typically 25 to 30 years • • • • Force majeure rights Build-up, plateau, tail-off periods Delivery obligation Annual flexibility Beach/border point deliveries Volume, including daily and annual customer off take flexibility Annual Take or Pay obligation Daily Daily flexibility Daily Take or Pricing reference to alternative fuels Regular price reviews Conflict resolution mechanisms Pay obligation Illustrative customer off take Gas price formation in liberalised markets Gas price development * • In liberalising markets, gas prices will gradually adapt to new market realities [EUR/Mwh] 35 30 25 • New sales are mostly linked to hub gas price 20 15 10 5 • Other references available 0 2000 2002 2004 2006 2008 2010 2012 BAFA, German import prices NBP, UK hub prices * Sources: Heren, BAFA.de Evolution of price indexation Relative change in sales channel mix in Europe • Adapting to new market realities through commercial negotiations − Increasing share of gas hub pricing − Structural changes • Reducing future price review exposure Diversity and flexibility in future gas sales portfolio Traded markets Sales to end users Sales through LTCs Portfolios of tomorrow Directional development of sales portfolio - Long-term contracts will remain, in different shape Renewal Current long term contracts - More sales at the hub - Upstream players serving downstream users directly The evolution of gas markets: an upstream perspective Olav Aamlid Syversen Gas Regulatory Affairs [email protected] www.statoil.com 38 Classification: Internal 2013-03-05
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