advent of greenville lng; 7 things every discerning

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1 Advent of Greenville LNG; 7 Things every Discerning Investor Should Note about Small Scale LNG in Africa Megathos Law Practice || Advent of Greenville LNG; 7 Things every Discerning Investor Should Note about Small Scale LNG in Africa www.megathoslaw.com

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Page 1: Advent of Greenville LNG; 7 Things every Discerning

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Advent of Greenville LNG; 7 Things every Discerning Investor Should Note about Small Scale LNG in Africa

Megathos Law Practice || Advent of Greenville LNG; 7 Things every Discerning Investor Should Note about Small Scale LNG in Africa www.megathoslaw.com

Page 2: Advent of Greenville LNG; 7 Things every Discerning

About Megathos Law Practice

• Megathos Law Practice has seasoned attorneys, consultants, and entrepreneurs.

• ❖As Policy consultants• We reviewed the National Gas Policy 2016 for the Ministry of Petroleum Resources in

Nigeria.

• ❖As Attorneys

• We were listed in “Who is Who Legal” for 2015 for work done in Intellectual Property (IP): Our “… Olufola Wusu is noted for his “dynamic practice” and “commercial acumen”. He is praised for his “first-rate skills” in assisting clients…”

• We have advised on IP in oil and gas joint ventures, marginal fields, production sharing contracts, gas and LNG. We have reviewed and negotiated international project agreements, gas sales and purchase agreements, tolling agreements, access codes, term sheet and gas pipelines as a service for an international gas pipeline project running through four African countries.

• Our team member once served as the Legal Advisor/Company Secretary for an oilfield service company with operations in six African countries (Angola, Gabon, Equatorial Guinea, Ghana, Mozambique and Nigeria). Responsibilities included Oil and Gas advisory, Regulatory compliance, Local content advisory, Contract drafting and Negotiation, Dispute resolution management, internal and external policy review and Advisory on Oil and Gas IP.

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3Megathos Law Practice || Advent of Greenville LNG; 7 Things every Discerning Investor Should Note about Small Scale LNG in Africa www.megathoslaw.com

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The Honorable Minister of State for Petroleum Resources today hosted a landmark Gas Sale & Aggregation Agreement signing for 74MMscf gas delivery to a US$500m LNG Facility located in Rumuji, River State owned by Greenville LNG. #7BigWins in motion

Greenville LNG’s investment in small scale LNG is poised to deliver liquefied natural gas (LNG) by LNG powered trucks which have the capacity to travel about 1,000 km on LNG before refuelling, to states not connected by pipeline, supplying power plants and industry with cheaper, cleaner fuel.

Total Nigeria and Gas Aggregation Company Nigeria Ltd (GACN) would deliver gas to a small scale LNG plant owned by Greenville LNG.

History of LNG…

The first commercial liquefaction plant was reportedly built in Cleveland Ohio in 1941. In

January 1959, the world’s first LNG tanker “METHANE PIONEER” carried its LNG cargo

from Lake Charles Louisiana to Canvey Island, United Kingdom. This event established the

fact that large quantities of LNG could be transported across the sea safely and possibly

established LNG as an “Energy Transportation Industry” that makes gas available to markets

near or far.

What Is LNG About?

LNG makes “liquefied natural gas” available to the international market and when our local

markets begin to consume LNG they probably will be willing to meet that need too.

Transportation of gas has always been an issue; the cost of laying the pipelines alone was a

major issue then came in LNG which reduces the size of the gas volume by a factor of 600.

LNG can be transported by Ship, Rail, Truck and all the other ways a liquid can be

transported.

The advent of Small Scale LNG…

The term Small Scale LNG, refers to the direct use of liquefied natural gas in its liquid form,

as opposed to the traditional model of regasification and subsequent introduction into the gas

transmission grid via pipelines. Small Scale LNG is cheaper, better and faster.

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Uses of Small Scale LNG

Small Scale LNG plants supply LNG to end-users in places where traditional infrastructure like pipelines do not reach, or to consumers requiring LNG.

There are three major end uses for Small Scale LNG: marine fuel (bunkering), fuel for heavy

road transport, and power generation in off-grid locations.

Factors favouring Growth of Small Scale LNG

Small Scale LNG offers investors quicker returns in the medium term. Small Scale LNG involves lower investment requirements and accelerated commissioning schedules. And that leads to reduced uncertainty on the project execution timing, a factor that has plagued multiple pending LNG projects in Nigeria.

Small Scale LNG is scalable; it is a great way to meet short term fluctuations in demand.

Small Scale LNG will help jump start the market for domestic use of LNG which NLNG was not formed to serve. It remains to be seen if NLNG will consider the domestic supply of LNG too.

Patents

A patent is a document issued, upon application by a government office (or a regional office

acting for several countries), which describes an invention and creates a legal situation in

which the patented invention can normally only be exploited (manufactured, used, sold,

imported) with the authorization of the owner of the patent. Patents cover processes like gas

liquefaction, regasification, small scale LNG and LNG transportation technology.

Free Technology vs. Patents

LNG is intensely technology driven and this technology is protected by patents and other IP

owned by companies who either directly participate in LNG projects or license out their IP

including patents to others to use for a hefty fee.

Commodity Sellers vs. Proprietary Industry...

If the products of LNG companies were not protected by patents, they would have been

priced as a “commodity”.

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If their products had been priced as a “commodity”, they may not have been developed and

made available to the LNG industry. The thing is that Intellectual Property Rights are

enforceable against the whole world while Contractual Rights are enforceable against only

the parties that enter into contract with you!

Major pricing systems in LNG contracts

There are three major pricing systems in LNG contracts: Oil indexed contract, the JCC

(Japan Crude Cocktail)Contracts, used primarily in Japan, Korea, Taiwan and China, and

Take-or-Pay Contracts based on a combination of oil products and other energies used

primarily in Continental Europe and Market indexed contracts used in the USA and the UK.

The National Gas Policy has made provision for Domestic use of LNG

The Federal Executive Council on the 28th of June 2017 approved the new National Gas

Policy (“NGP”). The NGP is designed to catalyze growth of the gas industry in Nigeria.

Prior to the NGP, Nigeria’s focus has been on oil, the NGP is designed to monetize the

abundant gas assets Nigeria has and help accelerate Nigeria’s industrialization as gas has

many by products.

LNG for export Vs. Domestic Use

NIGERIA LNG Limited (NLNG) attained a milestone with the export of its 4000th cargo of

Liquefied Natural Gas (LNG) from the Bonny Island Terminal in Rivers State to Mamara

LNG Terminal in Turkey. Interestingly the Mamara LNG terminal also received NLNG’s

historic 3000th cargo, 3 years ago.

Changing LNG market

The LNG market is rapidly evolving, from the 20 year long term contracts to spot markets,

LNG was dominated by sellers using take or pay contracts to a buyer’s market, where buyers

have been able to renegotiate the price of LNG shipments.

New volumes of LNG are entering the global LNG market from the United States (Which

used to be a major importer) and Australia, with a slowdown in expected economic growth in

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Europe and Asia. The LNG spot market is making a strong showing as more buyers shun

long term contracts in favour of spot contracts.

NLNG which was created to monetize Nigeria’s natural gas resources and produce LNG and

the NGLs for export was reported to have had its revenues plunge to $4.723bn last year, the

lowest in 7 years. The LNG export market is experiencing an oversupply which is dampening

the price of LNG. However, the domestic market is experiencing severe energy shortage.

Possible LNG market forecast

However, 7 (Seven) factors may drive the LNG market in the next 10 (ten) years:

• Accessing new users

• Reaching new markets

• Lowering shipping costs

• Slow or Quick economic growth

• Increasing energy efficiency

• Excess LNG supply

• Development of indigenous LNG liquefaction technology

An in-depth review of the NGP reveals the NGP provides a bit of balance and makes provision for LNG for domestic downstream applications:

Possible Domestic uses of LNG

LNG for Transport

LNG as a fuel for heavy duty vehicles

LNG for Buses

LNG as fuel for Ferries and Ships

LNG for Shipping

LNG for Rail

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LNG for Agriculture

LNG for Power

LNG as a gas source where no pipeline gas is available

LNG as a backup supply for natural gas pipeline network

LNG as a fuel for heavy duty vehicles like Trains, Tractors, Trucks and Buses is innovative and practical; this may be made possible by small scale LNG plants and LNG engines.

Conclusion

Small Scale LNG Business is cutting edge and is still a bit new in Nigeria. However, demand

for Small Scale LNG is sure to rise rapidly, catalysed by the increasingly stringent energy

deficit in Nigeria, evolving environmental regulations and the oil and gas industry’s ability to

reinvent itself. Regardless of the uncertainty in the global LNG market, Small Scale LNG

may very well be the game changer in Africa’s quest to monetize its abundant gas resources.

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+234 (0)802-859-2474

Lagos Nigeria. www.megathoslaw.com

[email protected]

Megathos Law Practice || Advent of Greenville LNG; 7 Things every Discerning Investor Should Note about Small Scale LNG in Africa www.megathoslaw.com

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Megathos Law Practice Business Update is made by Megathos Law Practice, a practice registered in Nigeria.

This update is not a substitute for legal advice, neither does this update create a client-counsel relationship, Megathos Law Practice expressly disclaims any liability that may arise based on reliance on this update.

This Update contains confidential materials proprietary to Megathos Law Practice.

Megathos Law Practice || Advent of Greenville LNG; 7 Things every Discerning Investor Should Note about Small Scale LNG in Africa www.megathoslaw.com