Although in 2022, a court of first instance had agreed with him in a judicial controversy that he had initiated against a Chilean company, now Transportadora de Gas del Norte (TGN) is trying to resolve the conflict before the Supreme Court of Justice of the Nation.
This is a cause promoted by the company owned 56% by Gasinvest, which in turn is controlled by Tecpetrol and Compañía General de Combustibles (CGC), against the Chilean gas distributor Metrogas.
TGN, compromised by a lawsuit against Metrogas
Currently, TGN operates a gas transportation network of 9,100 kilometers and is responsible for the transportation of 40% of the country and, according to a note sent by TGN to the National Securities Commission (CNV), a ruling issued by Chamber III of the National Court of Appeals in Federal Civil and Commercial Matters revoked the first instance ruling, and rejected the lawsuits filed by the company in which the investment fund Southern Cone Energy Holding also owns 25% and another 20% floats on the stock market in relation to a claim against the company from the neighboring country controlled by Gas Natural Chile for compliance with the transportation contract and for damages.
“TGN is preparing to appeal this Chamber ruling through Extraordinary Appeal before the Supreme Court of Justice,” anticipates the local transport company that, in 2022 and after a decade of litigation, had managed to close the million-dollar dispute it had against one of the largest Chilean gas distributors.
At that moment, A first instance ruling will allow it to collect around US$135 million in damages caused by the unilateral decision of the Chilean Metrogas to terminate a gas supply contract in April 2009.
Although it was an appealable ruling, the legal record indicated that TGN would finally receive the money for “damages” that this abrupt termination of the agreement would have caused during all these years of lawsuit.
The gas transporter must appeal to the Supreme Court of Justice of the Nation.
To this, I had to add all the unpaid invoices that Metrogás accumulated in these 15 years of litigationwhich at that time should have been valued by the accounting expert appointed in the case, while the rest of the money corresponds to the concept of lost profits, plus their respective interests.
abrupt ending
The conflict originated in April 2009, when the company from the neighboring country that has the same name as the Argentine gas distributor, but that has nothing to do with it in terms of capital or ownership groups, decided to end a supply contract early. .
In this framework, the Chilean gas distributor filed an action against TGN in court to obtain a judicial declaration on the inapplicability of the dollar-denominated rate provided for in its transportation contract, if the gas is not actually transported.
Then, in September of the same year, Metrogas ordered the Argentine gas transporter to pay approximately US$238 million as compensation for damages that would have been experienced as a result of alleged non-compliance.
TGN rejected as inadmissible the unilateral declaration of contractual termination as well as the compensation claim, since it claimed to have complied with its obligations under the transportation contract that linked both companies.
Export stocks
The supply problem was generated because, as local gas production was not enough to cover the aggregate of domestic and export demand, the Argentine government put into effect a series of restrictions on natural gas exports, in order to ensure priority supply to the domestic market.
Therefore, TGN considered that the actions presented by Metrogas had no chance of succeeding and its board of directors chose to initiate a countersuit against the Chilean company “to protect the social interest”, as detailed in a document presented to the court. .
In this context, in September 2011 the carrier filed legal action against its former Chilean client “for breach of contract,” claiming payment of US$114.5 million (plus interest and costs) for invoiced and unpaid transportation services, between September 2009 and April 2015, inclusive.
Metrogas is a Chilean gas distributor controlled by local energy company CGE through Gas Natural Chile.
Metrogas responded to the lawsuit requesting its rejection and summoning the producers that supplied it with gas as third parties.
In April 2015, the Argentine company terminated the firm export transportation contract it had with Metrogas, due to repeated non-compliance.
In November of the same year, it filed a new lawsuit against Metrogas for damages arising from the termination of the transportation contract, for US$113 million, and requested accumulation due to connection with the previous lawsuit for collection of invoices.
In this way, both complaints were accumulated and each company had to present its allegations that now led to the initial ruling in favor of the gas transporter whose majority capital is controlled by Gasinvest (56%), a company formed by the oil company Tecpetrol, of the Techint group. , and General Fuel Company (CGC), of the Eurnekian family. Meanwhile, another 24% is owned by the Southern Cone Energy Holdings Company fund and 20% floats on the local stock exchange.
Profiles
Currently, TGN is responsible for the transportation of 40% of the gas injected into Argentine trunk gas pipelines, which represents 18% of the country’s energy matrix.
The company operates and maintains more than 9,100 km of gas pipelines, of which 6,806 km belong to its own system and more than 2,300 km of third-party gas pipelines to which it offers a series of highly specific services within the natural gas industry. .
In addition, it controls 20 compressor plants with 375,620 HP, which allow connect the Neuquén, Northwestern and Bolivian basins with eight of the nine distributors, industries and thermal power plants located in 15 provinces of the country.
TGN transports 40% of the gas injected into trunk gas pipelines, which represents 18% of the country’s energy matrix.
At the regional level, TGN is connected to the Gas Andes, del Pacífico and Norandino gas pipelines that transport gas to and from central and northern Chile; the province of Entre Ríos and the Uruguayan coast, through the Entrerriano Gasduct; and to the south of Brazil, through the Gasoducto a Uruguayana (TGM).
Since the beginning of its operations in 1992, TGN expanded, with its own contributions and those of third parties, the transportation capacity from 22.6 MMm3/d to 59 MMm3/d, which represents an increase of 161%.
In the case of Metrogas, it is a Chilean gas distributor controlled by the local energy company CGE through Gas Natural Chile.
It was established in 1994 and has its headquarters in Santiago; serves more than 614,000 customers in the residential, commercial and industrial markets in the metropolitan region of the country and the O’Higgins Region (VI).
The firm owns and operates a total gas pipeline network of 5,282km and imports gas through its Quintero LNG terminal, in which it owns 20%, located in the Valparaíso Region (V).
It also separates its operations into two divisions: natural gas distribution, controlled by Metrogas SA, and a natural gas supply division, controlled by the newly created company Aprovisionadora Global de Energía SA.
After the adverse ruling, the executives of the Chilean company described it as “unfair” and anticipated that they would present the corresponding appeal before the local courts.
