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DYNEGY MIDSTREAM SERVICES v. APACHE CORP.

No. 07-0043.

294 S.W.3d 164 (2009)

DYNEGY MIDSTREAM SERVICES, LIMITED PARTNERSHIP and Versado Gas Processors, LLC, Petitioners, v. APACHE CORPORATION, Respondent.

Supreme Court of Texas.

Decided August 28, 2009.

Attorney(s) appearing for the Case

Mike A. Hatchell, Locke Lord Bissell & Liddell, LLP, Austin, TX, John B. Hall, Christopher Benjamin Dove, Gregory F. Burch, Alfonso Antroy Arreola, Jesus Garcia Jr., J. Michael Dorman, Locke Lord Bissell & Liddell, LLP, S. Shawn Stephens, Baker & Hostetler, LLP, Houston, TX, for Dynegy Midstream Services.

Roger Townsend, Jennifer R. Tillison, Alexander Dubose Jones & Townsend LLP, Geoffrey L. Harrison, Kenneth E. McNeil, Susman Godfrey, L.L.P., Christopher W. Barnes, Houston, TX, Laurie Lavigna Gallun, McKool Smith PC, Austin, TX, for Apache Corporation.

David M. Gunn, Beck, Redden & Secrest, L.L.P., Houston, TX, for Amicus Curiae Gas Processors Association.

David R. Taggart, Lemle & Kelleher, L.L.P., Shreveport, LA, for Amicus Curiae Texas Pipeline Association.

Justice WILLETT delivered the opinion of the Court.

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...

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