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Westmoreland-LG&E Partners v. Virginia Electric and Power Company

Date: 12-03-1998

Case Number: LX-2859

Judge: T.J. Markow

Court: Circuit Court, Richmond, Virginia

Plaintiff's Attorney: Samuel W. Hixon, III,
Stephen E. Baril, and
Lynn K. Brugh, IV
of
Williams, Mullen, Christian & Dobbins, Richmond, Virgina

Defendant's Attorney: Michael R. Shebelskie of
Hunton & Williams, Richmond, Virginia

Description:
Breach of contract - electric power - In a breach of contract claim, a Richmond Circuit Court ruled that Virginia Electric and Power Company ("Virginia Power") breached its contract with Westmoreland-LG&E Partners ("the Partnership") and awarded the Partnership $19.34 million in damages. The Partnership, an independent power producer, built a 165,000 megawatt cogeneration facility and sells all the electricity produced by the facility to Virginia Power. The case arose when the Partnership challenged the utility's interpretation of a contract provision outlining the consequences of the Partnership's inability to produce power when the plant experienced unexpected outages. Virginia Power interpreted the provision as requiring the Partnership to forfeit $200,000 per outage day. The Partnership interpreted the contract as requiring a forfeiture of payment only if it exceeded an allowance of 30 days per year, as provided in the power purchase agreement.
Outcome:
Plaintiff's for $19.34 million plus interest
Plaintiff's Experts:
None
Defendant's Experts:
None
Comments:
None
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About This Case

What was the outcome of Westmoreland-LG&E Partners v. Virginia Electric and Power...?

The outcome was: Plaintiff's for $19.34 million plus interest

Which court heard Westmoreland-LG&E Partners v. Virginia Electric and Power...?

This case was heard in Circuit Court, Richmond, Virginia, VA. The presiding judge was T.J. Markow.

Who were the attorneys in Westmoreland-LG&E Partners v. Virginia Electric and Power...?

Plaintiff's attorney: Samuel W. Hixon, III, Stephen E. Baril, and Lynn K. Brugh, IV of Williams, Mullen, Christian & Dobbins, Richmond, Virgina. Defendant's attorney: Michael R. Shebelskie of Hunton & Williams, Richmond, Virginia.

When was Westmoreland-LG&E Partners v. Virginia Electric and Power... decided?

This case was decided on December 3, 1998.