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Regulating Gas Liberalization - A Comparative Study on Unbundling and Open Access Regimes in the US, Europe, Japan, South Korea and Taiwan (Hardcover)
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Regulating Gas Liberalization - A Comparative Study on Unbundling and Open Access Regimes in the US, Europe, Japan, South Korea and Taiwan (Hardcover)
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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.
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