Dynegy Midstream Services, Ltd. Partnership v. Apache Corp.

In this gas-contract dispute, Apache Corporation seeks recovery for an allegedly large volume of “unaccounted-for” gas that disappeared between production at Apache’s wellheads (where title to all gas transferred to the processor) and sale to customers at the processing facility (the tailgate). We hold that Apache’s 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,…