Anton Ming-Zhi Gao - Regulating Gas Liberalization, a Comparative Study on Unbundling and Open Access Regimes in the US, Europe, Japan, South Korea and Taiwan

Energy and Environmental Law & Policy Series
Supranational and Comparative Aspects

VOLUME 14

Editor

Kurt Deketelaere

Professor of Law, University of Leuven, Belgium,
Honorary Chief of Staff, Flemish Government
Honorary Professor of Law, University of Dundee, UK
Secretary General, League of European Research Universities (LERU), Belgium

Editorial Board

Professor Philip Andrews-Speed, University of Dundee

Professor Michael Faure, University of Maastricht

Professor Gunther Hndl, Tulane University, New Orleans

Professor Andres Nollkaemper, University of Amsterdam

Professor Oran Young, University of California

The aim of the Editor and the Editorial Board of this series is to publish works of excellent quality that focus on the study of energy and environmental law and policy.

Through this series the Editor and Editorial Board hope:

to contribute to the improvement of the quality of energy/environmental law and policy in general and environmental quality and energy efficiency in particular;

to increase the access to environmental and energy information for students, academics, non-governmental organizations, government institutions, and business;

to facilitate cooperation between academic and non-academic communities in the field of energy and environmental law and policy throughout the world.

ENERGY AND ENVIRONMENTAL LAW & POLICY SERIES

1.Stephen J. Turner, A Substantive Environmental Right: An Examination of the Legal Obligations of Decision-makers towards the Environment, 2009 (ISBN 978-90-411-2815-7).

2.Helle Tegner Anker, Birgitte Egelund Olsen & Anita Rnne (eds), Legal Systems and Wind Energy: A Comparative Perspective,2009 (ISBN 978-90-411-2831-7).

3.David Langlet, Prior Informed Consent and Hazardous Trade: Regulating Trade in Hazardous Goods at the Intersection of Sovereignty, Free Trade and Environmental Protection, 2009 (ISBN 978-90-411-2821-8).

4.Louis J. Kotz and Alexander R. Paterson (eds), The Role of the Judiciary in Environmental Governance: Comparative Perspectives, 2009 (ISBN 978-90-411-2708-2).

5.Tuula Honkonen, The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements: Regulatory and Policy Aspects, 2009 (ISBN 978-90-411-3153-9).

6.Barbara Pozzo (ed.), The Implementation of the Seveso Directives in an Enlarged Europe: A Look into the Past and a challenge for the Future, 2009 (ISBN 978-90-411-2854-6).

7.Henrik M. Inadomi, Independent Power Projects in Developing Countries: Legal Investment Protection and Consequences for Development, 2010 (ISBN 978-90-411-3178-2).

8.Nahid Islam, The Law of Non-Navigational Uses of International Watercourses: Options for Regional Regime-Building in Asia, 2010 (ISBN 978-90-411-3196-6).

9.Yasuhiro Shigeta, International Judicial Control of Environmental Protection: Standard Setting, Compliance Control and the Development of International Environmental Law by the International Judiciary, 2010 (ISBN 978-90-411-3151-5).

10.Katleen Janssen, The Availability of Spatial and Environmental Data in the European Union: At the Crossroads between Public and Economic Interests, 2010 (ISBN 978-90-411-3287-1).

11.Henrik Bjrnebye, Investing in EU Energy Security: Exploring the Regulatory Approach to Tomorrows Electricity Production, 2010 (ISBN 978-90-411-3118-8).

12.Vronique Bruggeman, Compensating catastrophe victims: A Comparative Law and Economics Approach, 2010 (ISBN 978-90-411-3263-5).

13.Michael G. Faure, Han Lixin & Shan Hongjun, Maritime Pollution Liability and Policy: China, Europe and the US, 2010 (ISBN 978-90-411-2869-0).

14.Anton Ming-Zhi Gao, Regulating Gas Liberalization: A Comparative Study on Unbundling and Open Access Regimes in the US, Europe, Japan, South Korea and Taiwan, 2010 (ISBN 978-90-411-3347-2).

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eISBN 978-90-411-4244-3

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To my lovely wife, Katherine Yuhh-Chinn Juang,
and my parents

Anton Ming-Zhi Gao received a master Degree (MA) from National Taiwan University and wrote a thesis on electricity liberalization in the EU, Germany, France, UK, US, California, Pennsylvania and Taiwan. He received another master Degree in energy and environmental law (LLM) from Institute of Environmental and Energy Law of K.U. Leuven Belgium in July 2005. He began the PhD programme at KU Leuven in October 2005, and received Ph.D in law in December 2009. He is currently working as an Assistant Professor in the Institute of Law for Science and Technology (ILST), National Tsing Hua University, Taiwan. He teaches several courses, including Energy Law & Policy, and European Environmental Law.

His main research focus is on energy and environmental law, including their interaction. He worked on several government-funded projects with energy thinking tanks. In recent years he has published several articles and made several presentations on international & comparative renewable energy law, construction and demolition waste, energy liberalization & energy security, European Directive on strategic environmental assessment, and European Gas Directive.

Index

a.Requirement of Functional Unbundling

3.Exemption from Open Access Scheme Provided for LNG Infrastructures

a.Independent Organization Requirement

i.Summary of the Findings from the Sectoral Inquiry

1.Implementation of Open-Access Regimes in Transportation Sectors

iii.Evaluation of Functional Unbundling in Japan

IV.Summary

A.Unbundling Regime in Transportation, LNG Facilities and LNG Storage Sectors

A.Choice among Different Unbundling Regimes

a.Lessons from the United States and Europe

2.Open Access Regime

Tables

Figures

This book arose out of my doctoral thesis at K.U. Leuven. As liberalization has been the driving power of energy law for several decades, it motivates me to study the essence of liberalization regime, with particular focus on gas liberalization. At the beginning, this research was intended to deal with comprehensive liberalization issues from the upstream to downstream gas supply chain. However, after being influenced by the recent development of regulatory regimes in the United States and Europe, this work began to focus on two tough and long-unresolved issues unbundling and open access regimes during gas liberalization. Apparently, the key issues during liberalization are not only how to