1E9Ct5D

266C H A P T E R X VThe LRACRP also indicates that, with prior approval, social and private sectors can providetransportation, storage, and distribution services for gas.Based on the foregoing and for purposes of regulating the LP gas industry, on June 26,1999 the SENER issued the New Liquid Petroleum Gas Regulation (Nuevo Reglamento deGas Licuado de Petróleo, RGLP).Among the issues that the RGLP regulates is that of first-hand sales. According to theRGLP, first-hand sales are the first sale of LP gas that PEMEX makes to a third party of nationalorigin for the purpose of delivery within Mexican territory. PEMEX’s sale of importedliquid petroleum gas to a third party, when mixed with LP gas of national origin, is alsoconsidered a first-hand sale.First-hand sales include all services that are necessary for the sale and delivery of LP gas.The CRE is responsible for issuing directives to set the maximum price for LP gas soldon a first-hand basis. The CRE also establishes the general terms and conditions that governsuch sales.PEMEX cannot engage in practices that limit or in some way impede the acquisition ofLP gas by a third party. Examples of such practices are as follows:a) Granting undue preferences to a particular person;b) Conditioning the sale of LP gas on the acquisition of some other asset or service;c) Conditioning the sale of said gas on the acquirer not selling the gas to a third party;d) Refusing to sell LP gas to a given person;e) Requiring purchasers to act in a certain manner or reprisals will be taken against them.Depending upon which is the competent institution, the SENER or the CRE can grant thefollowing permits:a) For transportation, which can be for tanker-trucks, tractor-trailers, or tanker-ships,or through gas pipelines;b) For storage, through a depository storage plant or a supply plant;c) For distribution, through a storage plant for storage or carburation through gaspipelines;d) For storage through LP gas stations for carburation for self-service;e) For transportation of pipelines for self-service consumption.Transportation and storage permits may be granted to commercial businesses. Distributionpermits may be granted to natural persons of Mexican nationality or to commercialbusinesses whose charter contains a clause excluding foreign participation.Those interested in obtaining a permit must take the following steps:a) Give notice to the Federal Competition Commission of the intention to acquire apermit;b) File a petition that must contain the following information: