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Dallas judge overturns TXU award
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A Dallas judge has overturned a jury decision that awarded TXU Corp. $8.9 million last June related to a flap over wind energy.
The dispute involved Dallas-based TXU (now known as Energy Future Holdings Corp.) and Florida-based FPL Energy, a supplier of electricity generated by wind turbines.
In 2004, TXU sued FPL for $46 million in damages on claims that FPL failed to supply agreed levels of energy from its three West Texas wind farms.
FPL contended that TXU had intentionally “clogged” the lines of transmission, preventing delivery. And though FPL purchased additional energy to cover the contractual shortfall, it was not enough to keep a Dallas jury from awarding the Texas energy company $8.9 million.
Judge Bruce E. Priddy, of the 116th District Court, flipped that jury’s decision and agreed with arguments made by FPL’s lead counsel. He ruled that TXU had suffered no actual losses, and would therefore not be entitled to an award.
“This is an important victory for the wind energy industry,” Mike Lynn, of Dallas-based Lynn Tillotson & Pinker LLP, said in a media advisory. “Wind energy is a competitive and promising source of clean and renewable electricity for Texas, and it deserves a level playing field.”
Lynn Tillotson & Pinker represented FPL.
14 January 2008
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