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Friday, December 09, 2016

Ind. Decisions - More on: 7th Circuit decides dispute between Benton Co. wind farm and Duke re wind-generated power

The Dec. 6th 7th Circuit opinion in Benton County Wind Farm LLC v. Duke Energy Indiana, Inc. (ILB summary here) is the subject of this Courthouse News analysis by Molly Willms, headed "Energy Firm Must Pay for Farm’s Unused Wind Power." It begins:

(CN) – An energy company must honor its agreement to pay for wind power a farm generates even if it is not transmitted due to power grid overload, the Seventh Circuit ruled.

When it signed a contract with Benton County Wind Farm LLC, Seventh Circuit Judge Frank Easterbrook ruled that Duke Energy Indiana knowingly accepted the risk that the supply of wind energy would outstrip the capacity of the delivery grids.

“Duke wanted Benton’s facilities to exist and called them into existence by promising to pay even if a shortfall of transmission services should lead to curtailment of deliveries,” Easterbrook wrote in Tuesday’s unanimous opinion.

Posted by Marcia Oddi on December 9, 2016 08:20 AM
Posted to Ind. (7th Cir.) Decisions