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ANP Promotes Consultation And Hearing To Discuss Access Rules To LNG Terminals, Ensuring Transparent And Non-Discriminatory Use Of Essential Infrastructure In The Natural Gas Sector.
Currently, the access to Liquefied Natural Gas (LNG) terminals represents one of the key points in modernizing the Brazilian energy sector. Therefore, with the aim of making the market more transparent, the National Agency of Petroleum, Natural Gas and Biofuels (ANP) decided to open public consultation and hearings.
Thus, the goal is to discuss rules that ensure the fair use of these terminals by interested third parties.
Since the approval of the New Gas Law (Law No. 14,134/2021), it has become essential to regulate the shared use of essential infrastructure. For this reason, ANP’s initiative aligns with the need to promote a more dynamic and accessible market.
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Furthermore, by including various stakeholders in the debate, the agency strengthens the democratic process of norm-building.
However, to understand the importance of the topic, it is necessary to revisit the role of LNG terminals in the energy chain. These terminals receive natural gas in liquid form, store it, and then regasify it to put it into distribution networks.
As a result, they function as entry gates for imported gas and also as strategic points to meet internal demand. Without access to this infrastructure, several companies face barriers to compete on equal terms.
Therefore, ensuring the efficient and shared use of these terminals is essential for market balance.
The Historical Context And The Need For The Opening Of The Natural Gas Market
For many years, the Brazilian natural gas sector operated under a concentrated model, where few agents controlled the entire chain. As a consequence, smaller companies faced difficulties accessing LNG terminals and other infrastructure.
In this context, competition became limited, which prevented price reduction and the emergence of new projects.
Over time, it became evident that this structure no longer met the needs of the market. Thus, the New Gas Law emerged as a response.
With its sanction in 2021, the legal framework began to ensure that access to LNG terminals and other structures would be negotiated in a transparent and non-discriminatory manner. Therefore, this change represented an important step toward the opening of the sector.
As a result, new opportunities began to emerge for independent marketers and regional companies. Now, with clearer rules, the sector can count on a greater diversity of players, which stimulates investments and improves the quality of services offered to consumers.
Additionally, the opening of the market brings indirect gains. It increases investor confidence, improves regulatory predictability, and reduces perceived risks by international operators.
In countries that have already followed this path, such as the United States and the United Kingdom, the results include reduction of tariffs, increased competitiveness, and strengthening of infrastructure.
ANP Regulation For Access To LNG Terminals
Based on this new scenario, the ANP has begun to develop specific regulations to enable access. To this end, it has drafted resolution drafts that are being submitted for public consultation and hearings.
Thus, all interested parties can contribute with suggestions before the final text is consolidated.
Among the main proposed points is deverticalization, which requires accounting separation between the terminal operation activities and other company functions. This way, conflicts of interest and undue favors are avoided.
Furthermore, the ANP suggests a periodic review of the volumes to which the terminal owner has preference, preventing the blocking of capacity for third parties.
Even more importantly, the regulation provides that negotiations must follow defined timeframes and procedures monitored by the agency. For this reason, the process tends to become fairer and more predictable.
With this, a greater balance between the parties involved is expected.
Another important point proposed by the ANP is the strengthening of traceability. The agency suggests detailed negotiation record mechanisms to ensure greater accountability and integrity in market practices.
Such measures are likely to generate trust among both national and international operators.
Procedures, Conflict Resolution And Transparency
In addition to negotiation rules, the ANP also proposed conflict resolution mechanisms. Whenever divergences arise, the agency will prefer mediation and conciliation.
In this way, excessive litigation is avoided, and the continuity of operations is preserved.
Additionally, the regulation requires the creation of codes of conduct that guide the relationship between operators and interested third parties. These codes must contain the principles that ensure access to LNG terminals in a non-discriminatory manner.
At the same time, operators will need to provide minimum required information, within defined deadlines, to ensure the transparency of the process.
To ensure that terminal capacity is well utilized, the ANP also proposes the mandatory offering of interruptible services whenever there is idleness. Furthermore, the adoption of voluntary mechanisms to prevent congestion and capacity retention is recommended.
As a consequence, the system becomes more efficient and prepared for demand expansion.
It is worth noting that resolving conflicts through alternative means tends to reduce operational costs, strengthen legal predictability, and accelerate market response time.
Regulatory Advancements And Prospects For The Natural Gas Sector In Brazil
Although the current focus is on LNG terminals, the ANP is also working on the regulation of other essential infrastructures. In this sense, the agency plans to complete resolutions on transport gas pipelines and processing units by 2026.
This longer timeframe is justified by the changes introduced by Decree No. 12,153/2024, which altered the regulation of the New Gas Law.
Considering the impact of this regulatory agenda, it is possible to affirm that Brazil is preparing for a new cycle of investments in the natural gas sector. The expansion of access to LNG terminals, in itself, already represents a significant opening.
However, when combined with the modernization of other areas of the chain, the transformation becomes even deeper.
With a more transparent and competitive regulatory environment, the country will be able to attract foreign investments and encourage local projects. As a result, new supply sources will become viable, contributing to national energy security.
Moreover, with more players competing in the market, consumers are likely to benefit from more competitive prices. This applies to the industrial, commercial, and residential sectors.
Thus, the modernization of access to LNG terminals is not limited to business logic — it generates positive economic and social effects in various regions of Brazil.
In summary, the public consultation promoted by the ANP is a milestone. It represents a strategic regulatory advancement that could shape the future of the sector and bring Brazil closer to a more modern, secure, and inclusive energy reality.
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