Legal Proceedings
−Removed: In the ordinary course of business, various legal and regulatory claims and proceedings are pending or threatened against the Company.
+Added: In the ordinary course of business, the Company is from time to time involved in various legal and regulatory claims and proceedings, including those discussed below.
While the amounts claimed may be substantial, the Company is unable to predict with certainty the ultimate outcome of such claims and proceedings.
The Company accrues legal and other direct costs related to loss contingencies when actually incurred.
−Removed: The Company has established reserves it believes to be appropriate for pending matters and, after consultation with counsel and giving appropriate consideration to available insurance, the Company believes that the ultimate outcome of any matter currently pending against the Company will not materially affect the financial condition, results of operations or liquidity of the Company.
−Removed: Secondary Containment underneath Gas Processing Units (GPUs), Allegheny, Greene and Washington Counties, Pennsylvania .
−Removed: On April 1, 2020, the Company received a draft Consent Order and Agreement from the Pennsylvania Department of Environmental Protection (PADEP) claiming that the Company failed to install secondary containment systems in accordance with 25 Pa.
−Removed: Code § 78a.64a(b) underneath 228 GPUs located in southwest Pennsylvania between October 8, 2016 and February 4, 2019.
−Removed: On February 4, 2019, the Company voluntarily disclosed a list of GPUs that did not meet the requirements of 25 Pa.
−Removed: Code § 78a.64a(b) and agreed to begin installing secondary containment systems in compliance with 25 Pa.
−Removed: Code § 78a.64a(b) on all new GPU installations going forward.
−Removed: The draft Consent Order and Agreement, which has not been executed by the Company, requires the Company to pay a civil penalty and continue to install such containment systems, among other things.
−Removed: The Company is in the process of negotiating a resolution of this matter with PADEP.
−Removed: While the Company anticipates that the penalties related to this matter are likely to exceed $100,000, the Company expects that the resolution of this matter will not have a material impact on the financial condition, results of operations or liquidity of the Company.
+Added: The Company has established reserves it believes to be appropriate for pending matters and, after consultation with counsel and giving appropriate consideration to available insurance, the Company believes that the ultimate outcome of any pending matter involving the Company will not materially affect the financial condition, results of operations or liquidity of the Company.
+Added: The Company and Equitrans Midstream, through certain of their subsidiaries, are parties to a gas gathering agreement (the Hammerhead Gathering Agreement) related to Equitrans Midstream's Hammerhead Gas Gathering System.
+Added: Pursuant to the terms of the Hammerhead Gathering Agreement, if the "In-Service Date" did not occur on or before October 1, 2020, the Company may terminate the Hammerhead Gathering Agreement and purchase the Hammerhead Gas Gathering System from Equitrans Midstream for an amount equal to 88% of expenses actually incurred and other obligations made or to be incurred by Equitrans Midstream.
+Added: The "In-Service Date" is defined in the Hammerhead Gathering Agreement as "the later of (i) the first Day of the Month immediately following the date on which Gatherer is first able to provide the Gathering Services to Shipper in accordance with [the Hammerhead Gathering] Agreement and (ii) the first Day of the Month immediately following the date on which the Interconnect Facilities connecting the Gathering System to the Mountain Valley Pipeline are first able to receive deliveries of the Contract MDQ." On September 24, 2020, the Company initiated arbitration proceedings against Equitrans Midstream, seeking a declaration that the Company is entitled to terminate the Hammerhead Gathering Agreement and purchase the Hammerhead Gas Gathering System.
+Added: The deadline for the Company to provide notice of its election to terminate the Hammerhead Gathering Agreement and purchase the Hammerhead Gas Gathering System has been tolled while the contract claim is pending in arbitration.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.