The armed forces: a decision in favor of “Rosneft” on access to the gas pipeline on Sakhalin remains in force

MOSCOW, December 13. Supreme court dismissed the cassation appeal of “Gazprom” and the company Sakhalin Energy on the regulation on access Rosneft to the gas pipeline on Sakhalin. On that Sunday reported in the published materials of the Supreme court.

According to the results of examination of the complaints, the armed forces made a decision not to transfer for consideration in judicial session of Judicial Board on economic disputes of the RF armed forces. The document also notes that the rules of procedural law have been met, despite the arguments of the companies-plaintiffs on significant violations which could affect the outcome of the case.

“Contained in the contested judicial act, the findings of the court district (court of arbitration of the far Eastern district) do not contravene the principles of legality, fairness and ensuring a reasonable balance of private and public interests, therefore, reason to disagree with them. Objections on violation of the court for the district of procedural law not confirmed”, – stated in the definition of the armed forces.

“Rosneft” requires her to issue the technical conditions and connection point to the gas transportation system “Sakhalin-2” (II onshore pipeline system). Through it the company plans to miss up to 8 billion cubic meters of natural gas per year, which will go from OPF Lunskoye to the site of the plant on production of liquefied natural gas (LNG) near the village Ilinskoe.

In February the arbitration court of the Sakhalin oblast refused to Rosneft in a lawsuit that oil and gas company required to provide access to available capacities of gas pipeline “Sakhalin-2”. The court explained the refusal by the prematurity of the claim of “Rosneft” in Sakhalin Energy.

According to the court, Rosneft has not presented the documents confirming that the company independently or together with American Exxon Mobil has taken a principled decision to build the plant “far Eastern LNG” Sakhalin island, as well as documents confirming the choice of the land plot to the enterprise.

In September the Arbitration court of far East district has cancelled the decision of arbitration court of the Sakhalin region and the ruling of the court of appeal about the failure of “Rosneft” access to the gas transportation system (GTS) of the project “Sakhalin-2”, obliging Sakhalin Energy to provide “Rosneft” non-discriminatory access to available capacities of gas pipeline “Sakhalin-2”.

Sakhalin Energy – the operator of the project “Sakhalin-2”, while the only Russian project on LNG production. The project developed Piltun-Astokhskoye and Lunskoye fields of the Sakhalin shelf, with recoverable reserves are estimated at 150 million tons of oil and 500 billion cubic meters of gas.

Shareholders of the project operator company, Sakhalin Energy, “Gazprom” – 50%, Dutch-British Royal Dutch Shell – 27,5%, Mitsui – 12.5% and Mitsubishi – 10%.