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ATGás sues ANP over R$ 10 billion gas tariff dispute
The Association of Natural Gas Pipeline Transport Companies (ATGás) has filed a lawsuit against the National Agency of Petroleum, Natural Gas and Biofuels (ANP) to challenge the use of the Recovered Capital Methodology (RCM) in gas transport tariff revisions.
The dispute centers on how to value the Regulatory Asset Base (RBA) for legacy contracts of transporters such as NTS and TAG. According to ANP calculations, applying the RCM—which values assets based on effectively invested capital minus depreciation—could reduce the remuneration base for these pipelines by R$ 10 billion. The agency argues that certain assets, such as those of NTS, are already 100% amortized, and the RCM prevents double remuneration.
ATGás is contesting the legality of the regulatory process, specifically targeting the inclusion of RCM as an alternative methodology in Resolution ANP 991/2026. The legal action seeks to overturn the methodology before the 2026-2030 tariff revision cycle is finalized. The outcome of this judicial battle could significantly impact future investments, energy security, and gas transport tariffs in Brazil.