Indian state firms had on June 13, 2005 signed a Sale and Purchase Agreement (SPA) with Natioanl Iranian Gas Export Company (NIGEC) for buying 5 million tons a year of LNG on a long-term contract at very attractive price of USD 3.215 per million British thermal unit.
But Tehran never honoured that deal.
"With the lifting of sanctions, Iran is again planning LNG liquefaction facilities. An Indian delegation visited Iran during last week of July, 2015, wherein Indian side indicated their willingness to offtake LNG from Iran," he said.
Bharat Petroleum Corp Ltd (BPCL) was to take the remaining 1.25 million tons.
"The contract price for Liquefied Natural Gas (LNG) was linked to Brent crude (oil price) with a floor and cap of USD 10 per barrel and USD 31 per barrel respectively," he said.
LNG supplies under USD 22 billion deal were to start from 2010 and would have cost a maximum of USD 3.215 per million British thermal unit (mBtu) at USD 31 per barrel oil price.
Iranian LNG was also cheaper than Petronet LNG's long- term deal to import Gorgon LNG from Australia which at an oil price of USD 50 per barrel would come for USD 7.25 per mmBtu.
"According to the side letter signed along with the contract, NIGEC was required to obtain approval of National Iranian Oil Company (NIOC) for the LNG SPA within 15 days. However, NIGEC neither secured this approval nor implemented the LNG SPA," Pradhan said.
The new government sought review of price and delayed NIOC board approval. India, on the other hand, sought legal opinion on enforceability of the SPA.
International law firm Gide Loyrette Nouel of France, which had earlier vetted the LNG SPA as per English law, stated that the Side Letter to the SPA (in which the approval of NIOC Board being mandatory for the deal was mentioned) does not amend the Agreement and NIOC's approval would not constitute a 'Condition Precedent'.
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