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Contracts Keyed to Fuller
Amoco Production Co. v. Western Slope Gas Co.
Citation:
754 F.2d 303 (10th Cir. 1985)Facts
In 1961, Amoco’s predecessor and Western Slope entered into a gas purchase agreement for the intrastate sale of natural gas from wells in Colorado. The contract had a twenty-year primary term and continued year-to-year thereafter unless terminated. In 1973, the parties executed a Letter Agreement covering sales from 1974-1978, establishing a price tied to the ceiling price set by the Federal Power Commission for interstate gas. In 1978, the parties negotiated a new pricing arrangement. Amoco insisted on adding language to the escalation clause referring to prices established “by the enactment of any federal law.” Shortly after this agreement, Congress passed the Natural Gas Policy Act (NGPA), which established maximum lawful prices for all wellhead gas sales. Amoco’s gas fell under Section 105 of the NGPA, governing intrastate gas, but Amoco argued that the 1978 contract entitled it to receive the higher Section 102 price (approximately $2.07 per Mcf compared to the contract price of 55¢). Western Slope contended the escalation clause was only intended to ensure Amoco would receive the maximum established price for interstate gas, not to provide the higher incentive prices intended for newly developed gas.
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