[DOWNLOAD] "Dynegy Midstream Services" by West Virginia Supreme Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Dynegy Midstream Services
- Author : West Virginia Supreme Court of Appeals
- Release Date : January 28, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
In this gas-contract dispute, Apache Corporation seeks recovery for an allegedly large volume of "unaccounted-for" gas that disappeared between production at Apaches wellheads (where title to all gas transferred to the processor) and sale to customers at the processing facility (the tailgate). We hold that Apaches claim is contrary to the governing contract language, which focuses on gas sold, not gas delivered, thus avoiding disputes over how (and how much) gas failed to reach the point of sale. When calculating the proceeds due to Apache under these "percentage of proceeds" contracts, only one criterion matters: sales. Common throughout the natural-gas industry, these contracts unambiguously base payment on the amount of gas ultimately sold at the tailgate (not the amount initially delivered at the wellhead), and Apache admits it was paid in full for "every molecule of gas" sold at the tailgate of the processing plants.