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GORDONSVILLE ENERGY v. VA. ELEC. & POWER

Record No. 980813.

512 S.E.2d 811 (1999)

257 Va. 344

GORDONSVILLE ENERGY, L.P. v. VIRGINIA ELECTRIC AND POWER COMPANY.

Supreme Court of Virginia.

February 26, 1999.

Attorney(s) appearing for the Case

James vanR. Springer (Larry F. Eisenstat; Gretchen Schott, Washington, DC; Samuel W. Hixon, III; William R. Mauck, Jr., Richmond; Dickstein Shapiro Morin & Oshinsky, Washington, DC; Williams, Mullen, Christian & Dobbins, Richmond, on briefs), for appellant.

Michael R. Shebelskie (Cassandra C. Collins, Richmond; William H. Wright, Jr., Washington, DC; George W. Marget, III; Hunton & Williams, Richmond, on brief), for appellee.

Present: All the Justices.

KEENAN, Justice.

In this appeal, we determine whether the terms of a contract between Virginia Electric and Power Company (Virginia Power) and Gordonsville Energy, L.P. (Gordonsville) entitle Virginia Power to recover liquidated damages for an 11-day period in which Gordonsville's electric power plant was "shut down" due to a mechanical failure.

Under the parties' "Power Purchase and Operating Agreement" (the Contract), Gordonsville

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