Commitments and Contingencies |
Contractual Release
In December 2008, the Partnership received notice of dissolution of the Alaskan Northwest Natural Gas Transportation Company which was formed in the 1970s and in which Texas Gas was an inactive investor. Along with the notice of dissolution, Texas Gas received a full release from any obligations associated with its equity method investment. As a result, the Partnership reversed the remainder of its liability for estimated obligations associated with the investment and recognized income of $3.3 million in Miscellaneous other income, net on the Consolidated Statements of Income. The book value of the investment was zero at December 31, 2008.
Calpine Energy Services (Calpine) Settlement
In the first quarter 2008, the Partnership received a cash payment of approximately $15.3 million as settlement of a claim against Calpine and recorded a net gain of $11.2 million related to the realization of the unrecognized portion of the claim which was reported as Contract settlement gain on the Consolidated Statements of Income.
Legal Proceedings
Napoleonville Salt Dome Matter
Following the December 2003 accidental release of natural gas from storage in a salt dome cavern operated by Gulf South at the Dow Hydrocarbon and Resources, Inc. (Dow Hydrocarbon), Grand Bayou facility in Belle Rose, Louisiana, several suits were filed, including two that were initially filed as class actions. One of the cases initially filed as a class action was settled in 2008.
A lawsuit entitled Crystal Aucoin, et al. v. Gulf South Pipeline Company, LP, et al., No. 28,157 was filed on February 12, 2004, in the 23rd Judicial District Court for the Parish of Assumption, State of Louisiana. The suit was initially filed as a class action. The defendants at the trial were Gulf South, Dow Chemical Company and Dow Hydrocarbon (jointly, Dow) and one of Gulf Souths insurers, Oil Insurance Limited (OIL). The plaintiffs voluntarily dismissed their class action allegations on February 2, 2006. Since that time the case has proceeded in the same court as a mass joinder of approximately 1,200 individual claims. The plaintiffs seek damages for alleged inconvenience and emotional distress arising from being forced to drive on a detour around a road closed due to the gas release. A trial was held in August 2008 on damages for a sample group of 23 plaintiffs. In January 2009, the court awarded damages to these plaintiffs of less than $0.1 million in the aggregate. Gulf South and the other defendants have appealed the ruling. Pursuant to an agreement among the defendants, Gulf South is responsible for one half of the judgment, subject to final determination of Gulf Souths claim for indemnification from Dow.
On September 29, 2005, OIL filed suit against Dow, No. 29,217, in the 23rd Judicial District Court for the Parish of Assumption, State of Louisiana, Oil Insurance Limited v. Dow Chemical Company, et al. OIL seeks indemnification from Dow Hydrocarbon for amounts of insurance paid to Gulf South. Dow has filed a demand against OIL and a third-party claim against Gulf South. Dows allegations against Gulf South include contractual violations and liability |