Library / B 35 Federal Republic of Nigeria Official Gazette No. 34
B 35 Federal Republic of Nigeria Official Gazette No. 34

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(b)  reference tariffs and real tariffs with respect to the capacity charges ;
and propose the same to the Authority pursuant to section 124 of the Act.
(2)  The operator of a gas transportation network or gas transportation
pipeline shall submit audited annual financial statement and any other relevant
information as may be required by the Authority within one  month  of  publishing
the tariff methodology.
(3)  The Authority shall within one month of providing reference tariff,
real tariff and audited annual financial statement, notify the operators of its
decision.
(4)  The actual capacity charge shall subsequently be calculated prior to
the start of each calendar year pursuant to the tariff methodology.
(5)  With respect to new gas transportation pipeline, the tariff methodology
shall be applied by the operator and the operator shall report the respective
tariffs to the Authority.
(6) At the end of each calendar year, an operator shall recalculate the
transportation tariff charged for that year, taking into account the actual
performance of shippers in duly paying invoices and the commencement of
additional transportation of natural gas for new or existing shippers.
(7)  The recalculation under subregulation (6) of this regulation shall be
approved by the Authority.
8. An operator shall publish the respective transportation tariffs for each
calendar year as applicable to its operations pursuant to section 124(1)(c) of
the Act.
PART IV — OFFENCES AND PENALTIES
9. Pursuant to section 229 of the Act, a person who commits an offence
under sections 228 or 230 of the Act in relation to the provisions of these
Regulations shall, in addition to the penalties associated with the network code
framework agreement and gas transportation agreement, be liable to an
administrative penalty of not less than USD1,000,000 or its Naira equivalent
at the prevailing Central Bank of Nigeria exchange rate.
PART V — MISCELLANEOUS
10.  The Authority may issue guidelines, directives, and notices for the
effective implementation of the provisions of these Regulations.
11.  In these Regulations —
“Act” means Petroleum Industry Act, No. 6, 2021 ;
“Fuel Gas” means all natural gas used for or consumed in the operation
and maintenance of the pipeline, including compressor station fuel and fuel
used for other utility purposes incurred in such operations which are within
tolerances permitted under the gas transportation agreements ;
Publication
of tariffs.
Offences and
penalties.
Powers to
give
directives.
Interpretation.