WASHINGTON, Dec. 9, 2016 — The Seventh Circuit reversed a July 2015 district court ruling that allowed Duke Energy Inc. to limit the amount of power it bought from King & Spalding client Benton County Wind Farm under the terms of a long-term power purchase agreement.
The Seventh Circuit’s Dec. 6 decision found that market rule changes implemented by regional grid operator Midcontinent Independent System Operator (MISO) did not relieve Duke of its contractual obligations to pay Benton for the power produced by the wind farm. It remanded the case to the lower court to determine the amount of damages that should be awarded to Benton.
The King & Spalding appellate team consisted of partners Ashley C. Parrish and David G. Tewksbury, and senior associate Paul Alessio Mezzina.
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