GSR987 Determination

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PETROLEUM AND NATURAL GAS REGULATORY BOARD

NOTIFICATION

New Delhi, the 20th December 2010

G.S.R. 987(E). --- In exercise of the powers conferred by Section 61 of the Petroleum and
Natural Gas Regulatory Board Act, 2006 (19 of 2006), the Petroleum and Natural Gas
Regulatory Board hereby makes the following regulations, namely:-

1. Short title and commencement

1. (1) These regulations may be called the Petroleum and Natural Gas Regulatory Board
(Determination of Petroleum and Petroleum Products Pipeline Transportation Tariff) Regulations,
2010.
2. They shall come into force on the date of their publication in the Official Gazette.

2. Definitions

1. In these regulations, unless the context otherwise requires,--


a. "Act" means the Petroleum and Natural Gas Regulatory Board Act, 2006;
b. "Appointed day" means the date of October 1, 2007;
c. "Board means the Petroleum and Natural Gas Regulatory Board established under
sub-section (1) of the Section 3 of the Act
d. Petroleum products pipeline" means any pipeline as defined in the Petroleum and
Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or
Expand Petroleum and Petroleum Products Pipelines) Regulations, 2010;
e. "Petroleum and Petroleum Products Pipeline transportation tariff" means the unit
rate of tariff for petroleum and petroleum products pipeline (excluding statutory
taxes and levies) in rupees per metric ton or in rupees per kilo liter per kilo meter
for transport of petroleum and petroleum products including the impact of storage
facilities essential for operating a petroleum and petroleum products pipeline
system as common or contract carrier;
f. "tap off point (TOP)" means a facility on the pipeline from where the petroleum
products are diverted in to a delivery terminal or into a spur line or another
pipeline which may also be called the intermediate delivery station.
2. Words and expressions used and not defined in these regulations, but defined in the Act
or in the rules or regulations made there under, shall have the meanings respectively
assigned to them in the Act or in the rules or regulations, as the case may be.

3.Application
These regulations shall apply to an entity----

1. Authorized by the Central Government and accepted by the Board for laying, building,
operating or expanding a petroleum and petroleum products pipeline before the appointed
day under the relevant regulations for authorizing entities to lay, build, operate or expand
petroleum and petroleum product pipeline;
2. Laying building, operating or expanding a petroleum and petroleum products pipeline before
the appointed day and authorized by the Board for such activities under the relevant
regulations for authorizing entities to lay, build, operate or expand petroleum and petroleum
product pipelines; and
3. Laying, building, operating or expanding a dedicated pipeline which is converted in
petroleum and petroleum products pipeline under the provisions of the relevant regulations
for authorizing entities to lay, build, operate or expand petroleum and petroleum products
pipeline.

4. Determination of petroleum and petroleum products pipeline transportation tariff


Petroleum and petroleum products pipeline tariff in respect of any entity covered under clause
(1), clause (2) or clause (3) of regulation 3 shall be determined for different TOP's as per the
procedure specified in regulation 5 which shall be charged on a non-discriminatory basis:

Provided that the petroleum and petroleum product pipeline tariff determined in accordance with
the procedure specified as per regulation 5 shall be applicable as transitional measure for a
period of two years or such earlier time as the Board may decided for valid reasons to be given in
writing.
1 Provided further that the transitional period may be extended for another two years or
lesser period as the Board may decide for valid reasons to be given writing.
2 Provided also that the transitional period may, after the completion of the extended

transition period of two years, be further extended for another two years or lesser period as
the Board may decide;
3 Provided also that the transitional period may, after the completion of the extended

transition period of two years, be further extended for another one year or lesser period as
the Board may decide;

5. Procedure for determination of petroleum and petroleum products pipeline


transportation tariff
Petroleum and petroleum products pipeline transportation tariff shall be determined by bench
making against alternate mode of transport, that is rail at a level of seventy-five per cent except
LPG where it will be one hundred per cent on a train load basis for equivalent rail distance

1
Inserted vide PNGRB (Determination of Petroleum and Petroleum Products Pipeline Transportation Tariff)
Amendment Regulations, 2012. F.No.PNGRB/M(C)/62/2012
Effective From 20/12/12
2
Inserted vide PNGRB (Determination of Petroleum and Petroleum Products Pipeline Transportation Tariff)
Amendment Regulations, 2014. F.No. PNGRB/M(C)/62/2014
Effective From 20/12/14
3
Inserted vide PNGRB (Determination of Petroleum and Petroleum Products Pipeline Transportation Tariff)
Amendment Regulations, 2016. F.No. PNGRB/M(C)/62/2016
Effective From 20/12/16
along the petroleum and petroleum product pipeline route.

4 Provided that the determination of the petroleum and petroleum product pipeline
transportation tariff shall be benchmarked against the goods tariff table of the railways as
applicable on the date of the commencement of the Petroleum and Natural Gas Regulatory
Board (Determination of Petroleum and Petroleum Products Pipeline Transportation
Tariff) Amendment Regulations, 2012 which shall be frozen during the extended period of
transition.
5 Provided further that the determination of the petroleum and petroleum product pipeline
transportation tariff shall be benchmarked against the goods tariff table of the railways as
applicable on the date of the coming into force of the Petroleum and Natural Gas
Regulatory Board (Determination of Petroleum and Petroleum Products Pipeline
Transportation Tariff) Amendment Regulations, 2014 and if the goods tariff table of the
railways is revised during the further extended period of transition, the Board may
consider and decide the benchmarking of the petroleum and petroleum products
transportation tariff against such revision.
6 Provided further that the determination of the petroleum and petroleum product pipeline
transportation tariff shall be benchmarked against the goods tariff table of the railways as
applicable on the date of the coming into force of the Petroleum and Natural Gas
Regulatory Board (Determination of Petroleum and Petroleum Products Pipeline
Transportation Tariff) Amendment Regulations, 2016 and if the goods tariff table of the
railways is revised during the further extended period of transition, the Board may
consider the benchmarking of the petroleum and petroleum products transportation tariff
against such revision.

4
Inserted vide PNGRB (Determination of Petroleum and Petroleum Products Pipeline Transportation Tariff)
Amendment Regulations, 2012. F.No.PNGRB/M(C)/62/2012
Effective from 20/12/12
5
Inserted vide PNGRB (Determination of Petroleum and Petroleum Products Pipeline Transportation Tariff)
Amendment Regulations, 2014. F.No.PNGRB/M(C)/62/2014
Effective From 20/12/14
6
Inserted vide PNGRB (Determination of Petroleum and Petroleum Products Pipeline Transportation Tariff)
Amendment Regulations, 2016. F.No. PNGRB/M(C)/62/2016
Effective From 20/12/16
6.Miscellaneous
7 If any question arises as to the interpretation of these regulations, the same shall be

decided by the Board.

[F. No. S-Admn./11/8/2009-Vol.1]


RATAN .P.WATAL, Secy.

7
Substituted vide PNGRB (Determination of Petroleum and Petroleum Products Pipeline Transportation Tariff)
Amendment Regulations, 2014. F.No. L-MISC/VI/I/2007 dated 1/1/15
[REGULATION PRIOR TO AMENDMENT] Effective From 20/12/10 TO 31/12/14
6. If any dispute arises with regards to the interpretation of any of the provisions of these regulations, the decision
of the Board shall be final

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