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Along with aviation and telecommunications, the gas supply chain has proved to
be one of the paradigmatic factors in the great transformation in regulated
industry law that has characterized recent decades. The liberalization in the
gas market has taken two primary legal forms: (i) removal of entry barriers in
competitive sectors; and (ii) regulation of infrastructure sectors through
unbundling (economic separation of competitive and infrastructure sectors),
and open access (requiring gas infrastructure owners/operators to allow
competitors to access their facilities on commercial terms comparable to those
that would apply in a competitive market). This book will focus on the latter
legal form.
This is the first book to analyze, in a comparative way, the detailed
development of the unbundling and open access regimes across three continents.
It is the author’s contention that these two legal forms should be more widely
implemented than they are at present. In each of five substantial chapters –
on the United States, Europe, Japan, South Korea, and Taiwan – the author
first focuses on the proposed or current laws and industrial practices on
service, account, functional, legal and ownership unbundling and independent
system operator, and then on those of different open access regimes (mainly
including regulated and negotiated third party access), insofar as they have
been developed in each location. Using empirical evidence from Europe, the
United States, and Japan that a well-formulated and comprehensive
liberalization can bring about more advantages than disadvantages, he shows
how well-designed unbundling and open access regimes may accomplish the
following:
• inject much-needed competition into gas exploration, exploitation, import,
production, and retailing;
• reform and re-regulate non-competitive sectors such as transportation,
distribution, and storage;
• balance potential conflicts between energy security and competition; and
• support interests such as environmental protection, energy rights, safety,
and consumer protection.
The author attends throughout to the contrasting market situations in
countries that rely on importing natural gas by liquefied natural gas tankers
(LNG countries), and countries with their natural gas mainly coming from
production fields via direct pipelines (PNG countries). Identifying the key
legal issues arising from the development of the various unbundling and open
access regimes discussed, the book goes on to provide a detailed general
legislative framework for gas liberalization that applies especially to LNG
countries. The author finds, perhaps surprisingly, that both LNG countries and
PNG countries can in fact learn from each other.
This book will be a key reference for anyone interested in the legal issues of
gas liberalization, and will also provide the international energy community
with keen insight into the unbundling and open access regimes in the United
States, Europe, Japan, South Korea and Taiwan. Policymakers around the world
will discover an excellent framework for launching or improving a gas
liberalization scheme.