顺应改革趋势,促进公平开放——新版《油气管网设施公平开放监管办法》解读

2019年5月24日,国家四部委(国家发展和改革委员会、国家能源局、住房和城乡建设部、国家市场监督管理总局)联合印发了《油气管网设施公平开放监管办法》(以下简称新版《办法》),以进一步改革机制、强化监管,更大力度地推动油气管网设施公平开放,更好地营造公平开放的制度环境。为此,在分析我国油气管网设施公平开放现状及存在的主要问题的基础上,对新版《办法》进行了详细梳理和解读,认为其内容亮点主要表现在以下7个方面:①强调非歧视性原则,保障开放服务的公平公正;②调整监管范围,政策制定更具针对性;③鼓励基础设施建设和互联互通,夯实公平开放基础;④大力推进信息公开,提高公平开放的科学性、规范性和透明度;⑤规范申请要求,优化受理流程,建立基于服务合同的约束机制;⑥推行天然气能量计量计价,以更好适应国际管输和贸易规则;⑦提出管输服务多样化和平衡机制等新举措,引导公平开放市场化方向发展。最后,就新版《办法》落地后需要完善的工作提出了建议:①夯实法律法规基础,制定完善相关配套细则;②提升监管效能,保证政策落地执行;③积极应对油气管网运营机制改革,做好对国家管网公司的监管工作。

Conform to the trend of reform and promote fairness and openness: An interpretation of a new version Measures for the Non-discriminatory Third-party Access Regulation of Oil and Gas Pipeline Network Facilities

On 24 May 2019, National Development and Reform Commission, National Energy Agency, Ministry of Housing and Urban–Rural Construction and State Administration of Market Supervision and Administration jointly issued Measures for the Non-discriminatory Third-party Access Regulation of Oil and Gas Pipeline Network Facilities. This new version of Measures aims to further promote reform mechanisms and strengthen regulation and push forward more vigorously non-discriminatory third-party access facilities of oil and gas pipeline network, thus to better create an open and fair institutional environment. In view of this, based upon an analysis of the present status and the existing problems, we combed and interpreted the Measures and achieved the following highlights of its contents. (1) Put an emphasis on the principle of non-discrimination to guarantee non-discriminatory third-party access in open service; (2) Adjust the scope of regulation to make the policy-making more targeted; (3) Stimulate the infrastructure construction and interconnection to tamp the foundation of non-discriminatory third-party access; (4) Give impetus to information disclosure to improve the scientificity, normativeness and transparency of non-discriminatory third-party access; (5) Standardize application requirements, optimize the procedure of acceptance, and set up the constraint mechanism based on service contract; (6) Implement energy measurement and valuation of natural gas to better adapt to international pipeline transport and trade; (7) Put forward many new measures like diversification of pipeline transportation services, balance mechanism, etc. to guide the fair, open and market-oriented development. Finally, some proposals were suggested for the required work after the implementation of this new version of Measures: to make the robust foundation of laws and regulations and formulate and perfect the supporting rules, to improve regulatory effectiveness and ensure policy implementation, to actively deal with the reform of operation mechanism of oil and gas pipeline network, and to fulfill the responsibility in the supervision of national pipeline network companies.