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“Production in Paying Quantities”: Louisiana Appellate Court Decides When and What Should be Considered in Determination

The Energy Law

EP Energy E&P Company, L.P., EP Energy E&P Company, L.P., The Second Circuit next turned to defendants’ second argument: the lower court erred in finding the unitized well failed to produce in paying quantities as the evidence demonstrated that a reasonably prudent operator would have continued production.

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Production in Paying Quantities: Second Circuit Holds Lower Courts Must Consider All Relevant Factors, Not Just Profit

The Energy Law

EP Energy E&P Co., First, the court recognized that the plaintiffs’ calculation of expenses included extraordinary expenses for the installation of a compressor and workover operations and instructed that “such nonrecurring expenses are not considered as operating expenses for the purpose of determining production in paying quantities.”