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PIB: NNPC Assures Conducive Fiscal Regime

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The Nigerian National Petroleum Corporation (NNPC) has assured investors in the nation’s oil and gas industry, specifically joint venture partners, that the fiscal regime which would emerge from the Petroleum Industry Bill (PIB), when passed, would make Nigeria a more conducive environment for business in the West African sub-region.

Group Managing Director of NNPC, Engr Austen Oniwon gave the assurance at the just-concluded 35th edition of the Society of Petroleum Engineers (SPE) Nigeria Annual International Conference and Exhibition (NAICE) 2011 while presenting a paper entitled, “Gas Utilisation For Long Term Clean Energy And Economic Growth”, in Abuja.

Oniwon reasoned that the non-passage of the bill should not be an excuse for indecision as the opportunities available in the industry would not wait as others would come and fill the gap, if joint venture partners fail to act promptly.

Acknowledging their doubts about the fiscal regime in the PIB, the NNPC boss said, “but I can tell you from what I know from the PIB, that the fiscal regime that will emerge is not going to be any worse than what operates in the West African sub-region.

“I believe, if you can do business under these regimes, then those that would do business under the PIB would be very happy to do business in Nigeria”, the GMD emphasised.

The Tide gathered that the bill stipulates how resources and profits should be shared between government and operators in  the industry, and conditions under which the companies will operate.

But The Tide understands that some major international oil companies (IOCs) had kicked against the PIB, alleging that it contains a punitive fiscal regime, and therefore, may undermine their business interests.

Sources said that this feeling had resulted in observed reluctance of the IOCs to invest in new exploration and production operations in the country, which has adversely impacted available crude oil reserves.

But in a bold strategy to shore up core investors’ confidence in the PIB, Oniwon pledged the corporation’s resolve to optimise the nation’s oil and gas potential by encouraging investors to expoit the wide opportunities that exist to boost their drive towards business expansion.

According to Oniwon, with proven gas reserves put at 187 trillion cubic feet (tcf) as at January, 2007, the country’s gas reserves creates a solid platform for environmentally-sustainable economic growth, nothing that as the seventh largest producer in the world, Nigeria’s gas remains of high grade quality without any sulphur content.

On the need to enhance gas utilisation, the GMD said, “Nigeria is said to be one of the fastest growing emerging economies with an expanding middle class, and expected growth in the energy and power sectors”, adding that, “existing energy supply and demand imbalance widening as a lack of past investment in infrastructure has hindered development of Nigeria’s natural gas resources.”

Oniwon stressed that, “government’s objective is to increase power generation capacity to 10,000megawatts from the current 6,000megawatts, of which less than 50 per cent is utilised due to gas supply constraints.”

He noted that the dearth of domestic infrastructure has made diesel and petrol the main source of fuel supply for electricity generation in Nigeria, and added that the realisation of the full potential of natural gas would require enormous efforts and collaboration.

The NNPC’s top director reiterated the Federal Government’s vision of using the gas industrialisation project for the economic transformation of the country, adding that the strategic initiative is anchored on planned investments such as petrochemicals, fertiliser and methanol plants, aimed at shooting up gas utilisation and monetisation windows.

Vivian-Peace Nwinaene

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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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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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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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