The principal issues are (1) whether the court of appeals erred by placing the burden of proof on the petitioner to establish that the subject leases were "top leases" instead of new leases and (2) whether legally sufficient evidence supported the trial court's implied finding that the lessors did not intend that the leases constituted a release of previous leases.

In this contract-breach claim the issues are (1) whether the Public Utilities Commission has exclusive jurisdiction over the claim or, if not, (2) whether the claim is barred by the fixed-rate doctrine.