8 de septiembre de 2015 / 17:48 / hace 2 años

UPDATE 2-U.S. judge upholds Conoco as sole owner of coker at Sweeny, Texas refinery

(Adds comment from PDVSA lawyer)

HOUSTON, Sept 8 (Reuters) - A federal court in New York has upheld a ruling granting U.S. oil and gas company ConocoPhillips sole ownership of a unit at the Sweeny, Texas refinery in a long-running dispute over the asset with Venezuela’s PDVSA.

In 2014, an International Chamber of Commerce (ICC) arbitration panel awarded ConocoPhillips full ownership of Merey Sweeny LP, a delayed coking unit at its 247,000-barrel-per-day (bpd) Sweeny refinery. PDVSA had asked that the decision be vacated.

U.S. District Judge Alison Nathan, in a decision signed last week, wrote that PDVSA’s request was baseless and confirmed Conoco was the sole owner of the unit, which processes heavy crude oil.

Conoco and PDVSA formed a joint venture in the late 1990s to run the refining unit. But they went to arbitration before the ICC in 2010 after crude supply interruptions that triggered a contract provision dissolving the pact.

Phillips 66 has owned and operated the delayed coker and related facilities at the Sweeny refinery since it was spun off from Conoco in 2012.

A Phillips 66 spokesman confirmed PDVSA is entitled to appeal the decision within 30 days.

PDVSA’s lawyer George Kahale of Curtis, Mallet-Prevost, Colt & Mosle LLP, said in an e-mail on Tuesday: “We think the decision is incorrect and will be filing a notice of appeal shortly.”


Under the terms of the contract, Conoco paid nothing for PDVSA’s stake. A breakup clause said Conoco would gain the stake free of charge if PDVSA’s dividends exceeded its capital contributions. Its dividends were $1.1 billion, while its capital contribution was about $270 million, the decision said.

Conoco was also obligated to assume PDVSA’s debt, which was about $195 million.

On top of PDVSA’s loss of the asset, contracts between the parties could still require PDVSA to supply crude to the Sweeny unit.

“PDVSA and its affiliates would still be contractually required to supply ConocoPhillips with Venezuelan crude oil even if they lost their share of the joint venture,” the judge ruled.

Houston-based Conoco is also waiting for a broader arbitration ruling over its oil assets in Venezuela that were nationalized by late President Hugo Chavez. That case was filed in 2007 before a World Bank tribunal.

In a partial ruling, the International Centre for Settlement of Investment Disputes (ICSID) said in 2013 the South American country failed to act in good faith when expropriating the assets. (Reporting by Marianna Parraga; editing by Christian Plumb and Richard Chang)

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