Senator Laércio Oliveira champions full autonomy for the ANP amid the stance of NTS, which threatens to stall investments amid the tariff review dispute in the gas sector.
The tension in Brazil’s natural gas sector has reached a new level of complexity. Senator Laércio Oliveira (PP-SE), a central figure in shaping national energy policy and rapporteur of the Gas Law (Law 14.134/2021), expressed firm support for the technical independence of the National Agency of Petroleum, Natural Gas and Biofuels (ANP).
This position arises as a direct reaction to the threats from Nova Transportadora do Sudeste (NTS) to litigate the tariff review process that sets the company’s remuneration base.
The core conflict centers on the regulator’s decision to zero the value of the assets in the “Malha Sudeste” contract for the transporter’s remuneration base.
The ANP maintains that, under the Recovered Capital method, the capital invested in these assets has already been fully amortized by revenues earned from Petrobras.
Conversely, NTS disputes the criterion and argues that the measure undermines financial predictability and the viability of new infrastructure projects in the country.
Defense of technical autonomy and criticism of judicialization
For the legislator, resolving disputes of this nature should remain strictly within the agency’s administrative scope, based on solid data and technical arguments.
The senator emphasizes that frequent court intervention not only creates legal uncertainty but also acts as a brake on the development of a gas market that needs agility to attract investment and expand supply.
“The ANP must have independence to examine accounts and enforce the law. Disagreements should be addressed with data and technical arguments. Bringing this dispute to courts tends to delay decisions and investments, when the country needs to move the gas market forward.”
Beyond the regulatory issue, Laércio Oliveira questioned NTS’s rhetoric about suspending billion-dollar investments.
The company recently informed the market that it will revise its expansion plans. However, the senator points out that the previously announced figures do not represent guaranteed investment, and the company has been making contributions below expectations since it came under the management of the consortium led by Brookfield in 2017.
Next Steps for the Sector
The scenario takes decisive shape on the upcoming Monday (9/11). The board of ANP is considering opening a public consultation for the final stage of the tariff review, which will set the rules for the 2026–2030 cycle.
At the same time, regulators will review the reconsideration request submitted by ATGás (Association of Natural Gas Transport Companies by Pipeline).
The expectation is that the agency will maintain its technical rigor, balancing adequate returns for investors with the pursuit of more competitive rates, essential for reindustrialization and job creation.
If NTS insists on pulling back investments, Laércio Oliveira suggests that the agency use public selection mechanisms provided by law to allow new players to take over infrastructure expansion, ensuring that the country’s development is not tied to the tariff demands of a single entity.