TXU's $9 Million Victory Last Summer Is Now Blowin' in the Wind

Four years ago, Dallas-based TXU Corp. sued FPL Energy (a subsidiary of Florida-based FPL Group), claiming that FPL's Texas wind farms weren't producing enough energy, per TXU's contracts with FPL. In June 2007, a jury agreed with TXU and awarded the company $8.9 million in damages. Today, it looks like...

By Robert Wilonsky

January 14, 2008

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Four years ago, Dallas-based TXU Corp. sued FPL Energy (a subsidiary of Florida-based FPL Group), claiming that FPL's Texas wind farms weren't producing enough energy, per TXU's contracts with FPL. In June 2007, a jury agreed with TXU and awarded the company $8.9 million in damages.

Today, it looks like TXU ain't gettin' a penny after all. According to our downstairs neighbor, 16th Civil District Court Judge Bruce E. Priddy on Friday overturned the jury verdict and ruled that FPL didn't owe TXU nothing, because TXU made up for the shortfall. (FPL also counter-sued, alleging "they could not satisfy the contract because TXU intentionally had clogged high-voltage transmission lines, preventing the delivery of electricity produced by FPL Energy's wind turbines.") Apparently, this is a "stunning upset." Seems to be going around. --Robert Wilonsky

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