Settlement of the NAL’s claim concludes all outstanding litigation which commenced in 2003 with respect to Tunis natural gas supply contracts.
As a result of the settlement with NAL, the partnership has made a one-time payment to NAL of approximately C$4.2 million for periods up to December 31, 2007. Amounts owing up to September 30, 2007 were previously estimated and accrued by the partnership in its third quarter interim financial statements.
The settlement with NAL follows the settlement of a similar claim by Devon Canada that was resolved in July of 2007 regarding its Tunis gas supply agreement. All retroactive amounts owing under the Devon settlement were previously paid in 2007.
Based on the settlements reached with NAL and Devon, the partnership expects that its cost for natural gas for the Tunis facility will increase by approximately C$6 million in each of 2008 and 2009 and by C$3 million in 2010 from what they would otherwise have been under the previous contract terms.
Amounts recorded up to September 30, 2007 for natural gas costs at the Tunis facility have been recorded and accrued based on the terms of the amended contracts. Under the amended terms of the natural gas supply contracts for the Tunis facility, the natural gas prices are fixed and escalate 4% per annum.
