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CITY OF LINCOLN v. PUBLIC POWER DIST.

No. A-98-866.

614 N.W.2d 359 (2000)

9 Neb. App. 465

CITY OF LINCOLN, Nebraska, a municipal corporation, doing business as Lincoln Electric System, appellee, v. NEBRASKA PUBLIC POWER DISTRICT, appellant.

Court of Appeals of Nebraska.

July 18, 2000.

Attorney(s) appearing for the Case

William M. Lamson, Jr., Michael S. Degan, and Robert A. Mooney, of Lamson, Dugan & Murray, Omaha; Laurence V. Senn, Jr., Patricia A. Griffin, and Mark E. Chaiken, of King & Spalding; and John R. McPhail and Robert A. Green, Columbus, for appellant.

Thomas J. Culhane, Omaha, and David C. Mussman, Lincoln, of Erickson & Sederstrom, P.C.; and Brad Fagg and John E. Matthews, of Morgan, Lewis & Bockius L.L.P., for appellee.

HANNON, INBODY, and CARLSON, Judges.

HANNON, Judge.

In 1968, the parties contracted with respect to the Cooper nuclear power plant (Plant), a nuclear electric generating station that the Nebraska Public Power District (NPPD) was about to build near Brownville, Nebraska. The Power Sales Contract provided that the City of Lincoln, Nebraska, doing business as Lincoln Electric System (collectively LES), was to receive 12.5 percent of the electricity generated by the Plant and that in consideration for that...

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