HEARING IN LAWSUIT BETWEEN CITY OF BRENHAM, GAS PROVIDER MOVED TO JANUARY

Josh Blaschke December 2, 2021

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Update @ 6:10 a.m. Thursday: A hearing on the City of Brenham's motion for partial summary judgment, concerning WTG Gas Marketing's counterclaims against the city, has been rescheduled for 9:30 a.m. on Thursday, January 6, 2022. The hearing was initially set for this (Thursday) morning in 335^th District Court. The executive session planned by the Brenham City Council today to further discuss the matter has been cancelled.

Original Story @ 11:48 a.m. Tuesday: The 335^th District Court is set to hear a motion this week in the legal battle between the City of Brenham and its gas provider over gas prices during Winter Storm Uri.

Winter Storm Uri blanketed downtown Brenham in snow and caused power and water outages for residents across the state. (Mark Whitehead)

The city’s motion for partial summary judgment will be heard Thursday at 9:30 a.m.

The motion is in regards to WTG Gas Marketing’s counterclaims against the city, in which the company claims the city violated an emergency order from the Railroad Commission of Texas by delivering “excessive amounts of gas” to the city’s industrial customers at the company’s expense.

The order stated that natural gas transportation, delivery or sales should be reduced unless serving human needs customers. WTG argues the city served industrial users before all human needs customers, thereby breaching its gas sales contract with the company.

The company is seeking monetary relief in excess of $1 million, along with recovery of attorney’s fees and expenses incurred. The city argues that WTG’s claims do not adequately describe any alleged damages.

The city’s original lawsuit against WTG claims the company did not honor the gas sales contract, which sets a price for gas at the first of each month. The city argues that the company ignored the first-of-the-month pricing provision during the period of February 12-23, using daily rates that the contract did not allow. Per the city’s argument, it claims WTG is attempting to charge $8.07 million for gas delivered during February, when it should only charge $271,502.

A court date has not been set for a separate motion for partial summary judgment concerning the price of natural gas deliveries.

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