HOUSTON (Reuters) – Shell (LON:SHEL) on Thursday lost a bid to have U.S. regulators allow it to view nonpublic commissioning documents related to Venture Global LNG’s Calcasieu Pass facility, a setback in a broader dispute over access to cargoes from the plant.
Shell, BP (NYSE:BP), Galp, Repsol (OTC:REPYY), Orlen and Edison have launched contract arbitration cases in the U.S. and Europe with over the status of the plant and their inability to obtain contract cargoes for more than two years.
Shell and others say they have lost billions of dollars in profit from gas promised under long-term contracts but was not delivered. Venture Global LNG contends it has not fully commissioned the Louisiana plant.
The buyers have challenged that contention by initiating arbitration and regulatory proceedings and in their regulatory battle have won access to some confidential commissioning documents filed with the U.S. Federal Energy Regulatory Commission.
FERC’s ruling on Thursday allows the parties to see nonpublic documents from Jan. 1, 2022, before the plant started operations. But the administrative law judge appointed by FERC rejected the request for all nonpublic documents, including those that precede the January 2022 deadline, to be turned over to Shell.
Judge Matthew J. Vlissides Jr. ruled that Venture Global LNG is not required to serve nonpublic documents filed with the Commission other than those from Jan. 1, 2022.
Neither Venture Global nor Shell was immediately available for comment.
The judge also noted that Shell was the only company that requested documents dated before January 2022.
