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CONTINGENCIES
12 Months Ended
Dec. 31, 2018
CONTINGENCIES  
CONTINGENCIES

NOTE 22  CONTINGENCIES

The Partnership and its pipeline systems are subject to various legal proceedings in the ordinary course of business. Our accounting for contingencies covers a variety of business activities, including contingencies for legal and environmental liabilities. The Partnership accrues for these contingencies when the assessments indicate that it is probable that a liability has been incurred or an asset will not be recovered and an amount can be reasonably estimated in accordance with ASC 450 – Contingencies. We base these estimates on currently available facts and the estimates of the ultimate outcome or resolution. Actual results may differ from estimates resulting in an impact, positive or negative, on earnings and cash flow. Contingencies that might result in a gain are not accrued in our consolidated financial statements.

Below is a material legal proceeding that might have a significant impact on the Partnership:

Great Lakes v. Essar Steel Minnesota LLC, et al. -- In 2009, Great Lakes filed suit in the U.S. District Court, District of Minnesota, against Essar Steel Minnesota LLC (Essar Minnesota) and certain Foreign Essar Affiliates (collectively, Essar) for breach of its monthly payment obligation under its transportation services agreement with Great Lakes. Great Lakes sought to recover approximately $33 million for past and future payments due under the agreement. Following Great Lakes’ several unsuccessful attempts at recovering the payments through the U.S. federal court system, Essar Minnesota subsequently filed for bankruptcy in July 2016 and a performance bond was released into the bankruptcy court proceedings. In 2017, after Great Lakes came to an agreement with creditors on an allowed claim, the bankruptcy court approved Great Lakes’ claim in the amount of $31.5 million.

The Foreign Essar Affiliates have not filed for bankruptcy and the case against the Foreign Essar Affiliates in Minnesota state court remains pending. At December 31, 2018, Great Lakes’ is unable to estimate the timing or the extent to which its claims in bankruptcy and state court will be recoverable, therefore, it did not recognize any gain contingency on its outstanding claim against Essar and the Essar Foreign Affiliates. Additionally, Great Lakes has concluded that the future recovery on this claim is remote.

Additionally, at December 31, 2018, the Partnership is not aware of any contingent liabilities that would have a material adverse effect on the Partnership’s financial condition, results of operations or cash flows.