You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 3, 2024

Thailand’s New Pool Gas Scheme

Thailand’s Energy Regulatory Commission (ERC) has issued the Notification on the Criteria for Regulating the Licensed Pool Manager B.E. 2566 (2023), which took effect on November 30, 2023. It followed an earlier notification, which took effect on October 13, 2023, that added the new license for the country’s pool gas manager. The new notification aims to regulate natural gas sale agreements and promote competition among players in the regulated natural gas market—that is, those who utilize natural gas for electricity generation under the Electricity Generating Authority of Thailand (EGAT) scheme, including industrial and NGV (natural gas for vehicles) consumers who rely on natural pool gas.

The establishment of the pool gas scheme is aimed at encouraging new shippers to enter the market and providing new natural gas shippers with fair opportunities to compete with existing shippers, as all licensed shippers in the regulated market are subject to the same natural gas costs under this new scheme.

Under this pool gas scheme, the pool manager plays a critical part in reselling natural gas in the country. Some of its responsibilities include the following:

  • Purchasing natural gas or liquid natural gas (LNG) from licensed shippers in the regulated market at the rate at which the shippers procured the natural gas, including incidental expenses such as pipeline transportation and LNG station fees;
  • Collecting data on the quantity and price of the gas purchased from the licensed shippers and calculating the pool gas price as specified in the ERC-approved manual, which is basically the average price of the natural gas procurement cost of all shippers in the pool; and
  • Reselling natural gas or LNG to licensed shippers at the pool gas pricing rate in the quantity distributed to the pool by each shipper.

Apart from its function in facilitating the primary procedures of the pool gas scheme, the pool manager is responsible for preparing the standard natural gas sale agreement to be used by all licensed shippers in the regulated market.

The ERC is in the process of establishing an independent agent to act as the licensed pool manager. In the interim, PTT Public Company Limited is acting as the licensed pool manager, with a ring-fenced department handling the pool-managing duties.

Given the significance of the pool manager, PTT’s appointment as interim pool manager and the future establishment of an independent agent are important developments for the industry. The increase in competition in the natural gas market that is expected to follow the establishment of the new pool gas scheme will also need to be watched closely.

For more details on the pool gas scheme, or on any aspect of energy activities in Thailand, please contact Supasit Boonsanong at [email protected], Kobchai Nitungkorn at [email protected], or Thananya Pholchaniko at [email protected].

RELATED INSIGHTS​ 

February 28, 2022
On February 9, 2022, the Director-General of the Department of Mineral Fuels (DMF) stated that the DMF is planning to request that the Deputy Prime Minister and the Minister of Energy sign an invitation to open bids for Petroleum Exploration and Production Licenses in the Gulf of Thailand for the first time in 15 years. The DMF’s Chief Department expects that this auction, which will cover three offshore areas, could increase Thailand’s petroleum reserves, and it could lead to the possible discovery of new sources of petroleum for Thailand, which would boost the country’s energy resources, and reduce losses from energy imports. The plots in the Gulf of Thailand that will be auctioned in the 24th bid round are as follows: Plot No. G1/65 with a total area of 8,487 square kilometers. This area is divided into 2 sub-areas: Area A totaling 8,298.49 square kilometers, and Area B totaling 188.71 square kilometers; Plot G2/65 with a total area of 15,030 square kilometers; and Plot No. G3/65 with a total area of 11,646.67 square kilometers. This area is divided into 2 sub-areas: Area A totaling 11,028.22 square kilometers, and Area B totaling 618.45 square kilometers. Generally, Thailand initiates its concession and production sharing contract process with the announcement of an exploration area or a plot in the Government Gazette. Thereafter, the DMF Committee will consider and announce the invitation, so that private sector firms can submit their applications to receive respective rights. The DMF’s sub-committee will consider the applications by: checking the qualifications stipulated under Section 24 of the Petroleum Act; assessing the suitability of the exploration project; and determining the benefits which are offered by the applicant. After considering the requests, the DMF’s sub-committee will consider the petroleum laws and regulations, before submitting the matter to the Petroleum Committee—under
February 22, 2022
The many new and unique challenges in recent years—from epidemics, to travel restrictions, to supply chain disruptions and energy-related reactions to all of the above, we have all had to adjust to a new status quo. The energy industry has felt these impacts acutely, and as the industry seeks to meet the current challenges and move forward toward a more sustainable future, it is helpful to take stock of where things stand and where they might be headed in the coming years. In the midst of this uncertainty, Energy Law in Southeast Asia by the Tilleke & Gibbins Energy Industry Team seeks to provide clarity on the legal and regulatory environment surrounding energy industry activities. Each chapter of Energy Law in Southeast Asia takes the reader through the essential information surrounding energy and environmental regulations in general and the specific laws and practices for the major areas of energy projects—both in terms of the current energy mix and the sources taking on a larger role as we transition toward a lower-carbon future. These chapter subsections are: Regulatory Structure Oil and Gas Coal Solar Wind Hydropower Biomass and Biogas Environmental Regulations In providing this legal overview of major areas across the spectrum of energy projects in Southeast Asia, we have sought to create a resource for all involved in the energy industry, regardless of their specific area of interest or the different obstacles or challenges they seek to resolve. Energy Law in Southeast Asia is written by specialists on Tilleke & Gibbins’ Energy Industry Team, who together have over 200 years of accumulated energy experience. Spread throughout Tilleke & Gibbins’ offices in Southeast Asia, they function both as an integrated regional team to advise multinational enterprises on their regional energy project portfolios, and as experts for investors and companies looking
January 27, 2022
The Energy Generating Authority of Thailand (EGAT) has launched a pilot project to study the energy consumption and the economic, social, and environmental impact of electric motorcycle taxis, as well as the behavior of drivers and passengers. The project, which was launched on December 27, 2021, as part of EGAT’s Carbon Neutrality Policy, will continue for a year, after which EGAT will consider the data and decide whether electric motorcycle taxis should be introduced nationwide. EGAT is also currently encouraging the use of electric bikes within their own organization, and they initially expect this to help reduce annual carbon dioxide emissions by 37 tons and prevent the release of about 838,000 milligrams of dust per year. EGAT expects additional significant reductions from electric motorcycle taxi pilot projects in multiple locations. A study conducted in Kenya in 2015 by that country’s energy regulator found that sub-150cc motorcycles emit approximately 46.5 grams of carbon dioxide per kilometer, and these emissions increase proportionally in accordance with engine size. According to Thailand’s Office of Industrial Economics, citing data collected by the Federation of Thai Industries Automotive Industry Group, a total of 1,516,096 motorcycles were sold in Thailand in 2020—a surprisingly robust figure in light of the impact of the COVID-19 pandemic. Assuming that public motorcycles travel an average of 15,000 kilometers per year, each motorcycle is therefore producing approximately 0.7 tons of carbon dioxide per year. If Thailand is able to change 50% of its yearly sales of standard motorcycle to electric motorcycles, annual carbon dioxide emissions could decrease by approximately 530,000 tons. Furthermore, since 28.8% of carbon dioxide emissions in Thailand are generated from the transport sector, the transition to electric mobility vehicles looks to be one of the most promising solutions for lowering carbon dioxide emissions in the country. Considering developments
January 12, 2022
Thailand’s Board of Investment (BOI) recently published BOI Notification No. Sor. 8/2564, which extends the scope of investment promotion covering electronic vehicle (EV) industry manufacturers to include the production of “automotive platforms” for electric vehicles, and creates a new category of BOI promoted activities covering the manufacture of electric bicycles (E-bikes). Automotive Platforms The following investment promotion categories have been extended: 4.24 – Manufacture of Battery Electric Vehicles 4.26 – Manufacture of Electric Battery Tricycles 4.27 – Manufacture of Electric Battery Busses and Trucks These categories now include the manufacture of “automotive platforms”—which must include an energy storage system, charging module, and front and rear axle module—benefiting from similar tax incentives and subject to additional conditions, as detailed below. New BOI Promotional Category for E-Bike Production The BOI has also introduced a new category, No. 4.28, covering the manufacture of E-bikes. Projects under this category will be eligible for a three-year CIT exemption with an additional one-year exemption if certain criteria are met. Applications for this category must cover the manufacture of E-bikes, the manufacture or sourcing of electric batteries, and a management plan for used batteries. In addition to the general conditions for EV projects (industrial standards, manufacturing timelines, etc.), the BOI has also imposed the following conditions specific to E-bike projects: E-bike frames must be produced from light-weight materials such as aluminum alloy, chromium–molybdenum alloy steel (chrome moly), titanium alloy, and carbon fiber; and E-bike batteries must adopt environmentally-friendly technology. Interestingly the BOI allows E-bike production lines to jointly use manufacturing lines for ordinary bicycles. However, the sale of ordinary bicycles is regarded as non-BOI-promoted income and will not be entitled to BOI tax incentives. These new provisions, intended to stimulate both local and foreign investments in the electric automotive industry, seem to complete the BOI promotion