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Oil & Energy

PEF Bridges To Ensure Uniformity In Petroleum Prices (II)

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This is the continuation of the story published last  Monday, August 27, 2012

 

The Executive Secretary of the Petroleum Equalisation Fund
(PEF), Mrs Adefunke Kasali in this interview
with our correspondent  gives an
insight into the operation of the PEF. Excerpts:

 

Once that is done, the information immediately and
automatically to the server in our head office and when they scan the entire
document into the server and attach it here, our processing department
processes it and from there it goes electronically to audit and all the
verifiers and approval levels and straight into our e-payment system. It is the
first fully end-to-end operations and payment solutions anywhere in the
country.

Question:Is the equipment fool-proof and how do you deal
with the human factor?

Answer:The design is done to have little human interference.
Our depot representative at the loading facility may have to click on some
issues, which have been preset, so that he just picks.

Once a marketer is registered on our database and he comes
into our office to do some transactions, all the depot representatives have to
do is to just pick that information. The truck would have been registered and
that information is sitting on the server and all in all the devices. It’s not
subject to a lot of human manipulation and that is the beauty of it.

Question: What are you doing to ensure that all depots are
captured in the project?

Answer: Our plan is that it will be 100 per cent deployed.
Now we have achieved just 60 per cent of the depots that are Aquila-ready. We
are in the process of deploying to the other depots and it’s really proper that
we follow up on all the procurement processes that have sort of delayed us.

Yesterday, one of the MDs of the facilities called me and
asked when are you bringing Aquila because all his marketers are saying with
Aquila they can get their money more quickly because nobody wants to buy from a
facility where they are not PEF Aquila-ready.

We are working very hard to ensure that in the shortest
possible time, we have all the depots in the country that are doing petroleum
transaction on Aquila so that they can all enjoy the benefits of what
government is doing.

I can be specific that by end of November, we should have
all the depots ready because the last bit of the procurement processes is that
we should be having all the equipment in Abuja in for deployment by the end of
September.

In the new Petroleum Industry Bill (PIB) what are the
assigned roles for PEF? The PIB as I have seen the PEF is still very much part
of the PIB that has been submitted by the executive to the legislative arm of
government. The roles will be clearer but basically, the mandate of the board
is still very much maintained by the PIB.

Question: The House of Representatives Committee on Public
Accounts ordered the management of PEF to refund N27 billion into the Federal
Government coffers within three months being 80 per cent of the operating
surpluses of the agency in the last five years. How far have you gone in this regard?

Answer: It is true that the House of Representatives Public
accounts invited the Board for a review of the 2009 accounts of the Board and
at that meeting, directed that the board should refund some money to the
federation account.

At that meeting, management tried to clarify the issues to
the members of the committee and I hope we still have an opportunity to discuss
the matter further.

PEF uses cash basis of accounting and so because the feeling
is that as a Fund, we should recognise what comes in and what goes out and that
is basically what cash basis accounting says.

Cash basis of accounting does not recognise receipts and
receivables that you are expecting and it basically does not recognise payables
that you haven’t been able to process and pay.

The starter of our payables as at the time these audited
accounts were submitted was not taken into recognition, so asking the board to
pay back money at that time doesn’t necessarily take into the account if the
money is still there. Because when you are looking back at an account, you do
not even know what that situation is a few years down the road. Needless to
say, the board has been given 90 days to do that.

Question: When an agency is asked to refund, the conclusion
is that some fraudulent practices must have taken place. Could you use the
occasion of this forum to set the records straight?

Answer: Certainly there was no untoward act, no corrupt act.
What the committee did was that if the board had receipts in the year at the
beginning or throughout the year and then the board then paid some monies out,
whatever was outstanding was considered surplus income. And that meant, for
instance, if one billion was outstanding that was not paid out, the committee
did not take into view that there could be 10 billion worth of claims waiting
to be paid at the end of the year.

Basically, they didn’t find very much that was wrong with
the account of the board except what they called surpluses and they then took
the position that those surpluses are supposed to be refunded to the federation
account and then supposed to be gotten out.

But the fund does not get money from the federation account
to pay its claims. So, if the money is returned into the federation account,
then the board will have an issue as to where the funding to pay the claims
when they are processed.

Question: Is this the same thing with the N20 million scam
on land? The committee also directed the board to refund another N20.22 million
within the same period for expenses incurred on a plot of land acquired in 2001
for its corporate head office but which was revoked by the Federal Capital
Development Authority, FCDA in 2006?

Answer:The other issue that was raised by the committee was
that in 2003 which predates my coming into the office, the FCT had allocated a
piece of land to the PEF for the purposes of developing its corporate
headquarters.

The files available to me actually indicate that the board
has prepared all the drawing and everything. It also forwarded all those things
to the appropriate department in the FCT for granting of a building plan
approval.

But before that could be done, the exercise that took place
around that time, the land was revoked and government took it back. I know that
when I came in 2007 as the executive secretary and I met that situation, I made
several attempts. In fact, I spoke to two past ministers of the FCTs and made
several vigorous attempts for us to get the land back and to develop the head
office.

But the House Committee has now taken the decision that
since the board had expended some of that money [20 million naira]… [cuts in]
and to the best of my knowledge a large chunk of that money was spent on
payment of license fee to the FCT, engineering design and drawing… the board
paid back and the N20 million into government coffers.

Question:How can the nation eradicate the issue of fuel
scarcity especially with the recent strikes by NUPENG, DAPPMA and JEPFON over
nonpayment of subsidy claims?

Answer: The issue of fuel scarcity is an issue of supply and
I think the focus that government has to rehabilitate and get our refineries up
and running efficiently is really the long term solution.

I know that there is a lot of work being done on getting the
refineries back, and the Turnaround Maintenance (TAM). The Honourable Minister
of Petroleum Resources had mentioned that contract for the TAM had been awarded
to the original builders of the refineries so that we can get the expertise
that went into building them the first place.

That is the long term solution when we have our refineries
working to meet our local demand then, the issue of distribution is easier.

Question: How can we ensure that petroleum products are not
diverted to neighbouring countries as it is commonly practised?

Answer:The issue like I said, is that of supply which is
ensuring that as much as possible we are refining what we produce in crude.
Also one of the benefits of Aquila is a truck that is headed for a particular
location cannot deliver to another location.

For instance, several marketers have said we are moving this
product to Suleja and it never arrives. Then they take it to another location.
When it gets in there and once our depot representative can’t even find it on
the server even if they try to receive that product through another means, it
won’t go.

So those are the things we are doing now to curb diversion.
Therefore, Aquila will curb a lot of that. Phase one of Aquila is depot to
depot, phase two is to ensure that when it leaves the receiving depot it ends
up in the retail outlet that it’s meant to go.

With this project over time, cases of diversion will be
really severely cut if not totally eliminated.

Question: How will the PIB affect operations in the oil and
gas industry?

Answer: I believe that the review of the laws and the
transformation plans will just help Nigeria. I believe that it will be good for
Nigeria.

As far as PEF is concerned as I said earlier, we have the
bill that has been presented to the National Assembly and our commitment to
Nigeria is that we will do whatever we need to do and work very hard to ensure
that the benefits that government had in mind in putting together PEF are
delivered to Nigerian public.

This is by way of our products being available in the retail
outlet s and also by way of cutting people who are exploiting the situation
that causes the products not being sold at the appropriate prices.

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Oil & Energy

NERC, OYSERC  Partner To Strengthen Regulation

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THE Nigerian Electricity Regulatory Commission (NERC) has stressed the need for strict adherence to due process in operationalizing state electricity regulatory bodies.
It, however, pledged institutional and technical support to the Oyo State Electricity Regulatory Commission (OYSERC).
The Chairman, NERC, Dr Musiliu Oseni, who made the position known while receiving the OYSERC delegation, emphasised that the establishment and take-off of state commissions must align fully with the law setting them up.
Oseni said that the NERC remains committed to partnering with State Electricity Regulatory Commissions (SERC) to guarantee their institutional stability, operational effectiveness and long-term success.
He insisted that regulatory coordination between federal and state institutions is critical in the evolving electricity market framework, noting that collaboration would help to build strong institutions capable of delivering sustainable outcomes for the sector.
Also speaking, the Acting Chairman, OYSERC and leader of the delegation, Prof. Dahud Kehinde Shangodoyin, said that the visit was aimed at formally introducing the commission’s acting leadership to the NERC and laying the groundwork for a productive working relationship.
Shangodoyin said , the acting members were appointed to provide direction and lay a solid foundation for the commission during its transitional period, pending the appointment of substantive members.
“We are here to formally introduce the acting leadership of OYSERC and to establish a working relationship with NERC as we commence our regulatory responsibilities,” he said.
He acknowledged NERC’s readiness to provide technical and regulatory support, particularly in the area of capacity development, describing the backing as essential for strengthening the commission’s operations at this formative stage.
“We appreciate NERC’s willingness to support us technically and regulatorily, especially in building our capacity during this transition,” he added.
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Oil & Energy

NLC Faults FG’s 3trn Dept Payment To GenCos

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The Nigeria Labour Congress and the Association of Power Generation Companies have engaged in a showdown over federal government legacy debt.
NLC president Joe Ajaero has faulted the federal government’s move to give GenCos N3 trillion from the Federation account as repayment for a power sector legacy debt, which amounts to N6.5 trillion.
In a statement on Thursday, Ajaero said the Federal Government proposed the N3 trillion payment and the N6 trillion debt as a heist and grand deception to shortchange the Nigerian people.
“Nigerians cannot and should not continue to pay for darkness,” Ajaero stated.
Meanwhile, the Chief Executive Officer of the Association of Power Generation Companies, APGC, Dr. Joy Ogaji, said Ajaero may be ignorant of the true state of things, insisting that the federal government is indebted to GenCos to the tune of N6.5 trillion.
She feared the longstanding conflict could result in the eventual collapse of the country’s power.
According to her, the federal government’s N501 billion issuance of power sector bonds is inadequate to address its accumulated debt.
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Oil & Energy

PENGASSAN Rejects Presidential EO On Oil, Gas Revenue Remittance  ……… Seeks PIA Review 

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The Natural Gas Senior Staff Association of Nigeria(PENGASSAN) Festus Osifo, has faulted the public explanation surrounding the Federal Government’s recent oil revenue Executive Order(EO).
President of the association, Festus Osifo, argued that claims about a 30 per cent deduction from petroleum sharing contract revenue are misleading.
Recall that President Bola Ahmed Tinubu, last Wednesday, February 18, signed the executive order directing that royalty oil, tax oil, profit oil, profit gas, and other revenues due to the Federation under production sharing, profit sharing, and risk service contracts be paid directly into the Federation Account.
The order also scrapped the 30 per cent Frontier Exploration Fund under the PIA and stopped the 30 per cent management fee on profit oil and profit gas retained by the Nigerian National Petroleum Company Limited.
In his reaction, Osifo, while addressing journalists, in Lagos, Thursday, said the figure being referenced does not represent gross revenue accruing to the Nigerian National Petroleum Company Limited.
He explained that revenues from production sharing contracts are subject to several deductions before arriving at what is classified as profit oil or profit gas.
Osifo also urged President Bola Tinubu to withdraw his recently signed Presidential Executive Order to Safeguard Federation Oil and Gas Revenues and Provide Regulatory Clarity, 2026.
He warned that the directive undermines the Petroleum Industry Act and could create uncertainty in the oil and gas industry, insisting that any amendment to the existing legal framework must pass through the National Assembly.
Osifo argued that an executive order cannot override a law enacted by the National Assembly, describing the move as setting a troubling precedent.
“Yes, that is what should be done from the beginning. You can review the laws of a land. There is no law that is perfect,” he said.
He added that the President should constitute a team to review the PIA, identify its strengths and weaknesses, and forward proposed amendments to lawmakers.
“When you get revenue from PSC, you have to make some deductibles. You deduct royalties. You deduct tax. You also deduct the cost of cost recovery. Once you have done that, you will now have what we call profit oil or profit gas. Then that is where you now deduct the 30 per cent,” he stated..
According to him, when the deductions are properly accounted for, the 30 per cent being referenced translates to about two per cent of total revenue from the production sharing contracts.
“In effect, that deduction is about two per cent of the revenue of the PLCs,” he added, maintaining that the explanation presented in the public domain did not accurately reflect the structure of the deductions.
Osifo warned that removing the affected portion of the revenue could have operational implications for NNPC Ltd, noting that the funds are used to meet salary obligations and other internal expenses.
“That two per cent is what NNPC uses to pay salaries and meet some of its obligations.The one you are also removing from the midstream and downstream, it is part of what they use in meeting their internal obligations. So as you are removing this, how are they going to pay salaries?” he queried.
Beyond the immediate impact on the company’s workforce, he cautioned that regulatory uncertainty could affect investor confidence in the sector.
“If the international community and investors lose confidence in Nigeria, it has a way of affecting investment. That should be the direction. You don’t put a cow before the horse,” he added.
According to him, stakeholders, including labour unions and industry operators, should be given the opportunity to make inputs at the National Assembly as part of the amendment process saying “That is how laws are refined,”
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