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    Tolling Agreement Lng

    Tuesday 13th April 2021

    As part of a toll agreement, the toll company provides fuel to a power plant operator and buys the electricity as a product and then markets it. Feldman said the agreements had begun a significant cog in risk allocation in the sector and were based on a different cost-effectiveness than the original independent electricity projects. Ideally, a toll system will establish a uniform accountability system, with clearly defined remedies, applied consistently and non-discriminatoryly. The liability and recourse regime applies to toll parties, operators or operators, facility owners, lift coordinators, vessels using LNG facilities and other project participants. The toll parties under separate agreements require that all users be treated consistently in the event of a gas supply failure, non-collection of natural gas or by-products, off-spec gas or LNG, partial or total closure of facilities, force majeure and similar events that may affect all parties to the toll. Throughout the project, a concise liability regime generally applies, providing a high level of security for project participants and financiers in the event of an incident. As a general rule, the toll company has wide leeway in the event that a paying customer does not cancel an LNG delivery project in time, including fees and discretionary powers to eliminate unre lifted LNG. As a general rule, the toll agreement also provides specific provisions for excessive mooring times. The obligation of the paying customer to meet lifting obligations is essential to ensure the continuity of operation of the LNG liquefaction facility.

    The royalty structure will be associated with many other provisions of a toll contract. Is the levy profit-oriented or not? Will capital expenditures be part of the royalty? Are operating costs in variable and fixed categorizations? Should all or part of the fee be paid if treatment services are never available? These are all critical issues that should be decided in the decision on the structure of the project. The royalty structure can have an impact on the accountability regime, funding and the relationship between project participants. “We spent a lot of time in Sempra thinking about this transition [away from the toll model],” he said. The royalty structure in a third-party toll contract is generally intended to provide a return at supply levels, as the toll company takes a limited risk. The pricing interaction is fuelled by (i) investments in facility construction, operating costs and a fair profit margin for investors who take the risk of the project; and (ii) ongoing market price discussions with LNG buyers who, in some cases, hope to link oil-based index prices to gas-based indices.

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