MDPPACPB Regulations

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(c) Impose administrative penalties, structural remedies, or licence 
conditions under Parts XVI and XVII of these Regulations and the relevant 
provisions of the Act and Federal Competition and Consumer Protection Act. 
 
 
11. Tariffs and Service Conditions for Open or Third-Party Access 
(1) Non-Discriminatory Tariff Application 
All tariffs, fees, and service conditions for access to midstream or downstream 
petroleum facilities shall be applied uniformly to all users, including affiliates 
and unaffiliated parties, without preference or disadvantage, except where 
objectively justified by transparent criteria approved by the Authority. 
 
(2) Tariff Structure and Approval 
Tariffs for access to facilities — 
  (a) shall be transparent, cost-reflective, and based on the efficient cost of 
providing the service; 
  (b) may permit a reasonable return on capital investment; and 
  (c) shall be subject to prior review and approval by the Authority in 
accordance with section 124(1)(a) of the Act and the applicable Tariff 
Regulations. 
 
(3) Prohibition of Cross-Subsidisation and Hidden Advantages 
Facility owners or operators shall not — 
  (a) charge an unaffiliated user a higher tariff than that effectively applied 
to an affiliate for the same service; or 
  (b) use internal transfer pricing or cost allocation mechanisms to confer 
hidden advantages on affiliates or disadvantage competitors. 
 
(4) Transparency of Discounts and Priority Terms 
Any discounts, rebates, or premium access arrangements shall — 
  (a) be based on published, objective criteria such as volume, load factor, 
or payment terms; 
  (b) be made available equally to all similarly-situated users; and 
  (c) be disclosed in the published tariff schedule or service agreement. 
 
(5) Enforcement 
The Authority may — 
  (a) audit pricing practices and affiliate transactions to detect discriminatory 
or unfair charges; 
  (b) order tariff adjustments, restitution to affected users, or capacity-sharing 
arrangements where a breach of this Regulation is found; and 
  (c) impose penalties, licence conditions, or structural remedies in 
accordance with these Regulations, the Act, and the Federal Competition 
and Consumer Protection Act.