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GOLDEN SPREAD ELEC. COOPERATIVE, INC. v. DENVER CITY ENERGY ASSOCIATES, L.P.

No. 07-07-0073-CV.

269 S.W.3d 183 (2008)

GOLDEN SPREAD ELECTRIC COOPERATIVE, INC., Appellant v. DENVER CITY ENERGY ASSOCIATES, L.P., Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled December 2, 2008.

Attorney(s) appearing for the Case

Karen L. Watkins, McGinnis, Lochridge & Kilgore, Austin, TX, Barry L. Wertz, McGinnis, Lochridge % Kilgore, Houston, TX, George A. Whittenburg, Whittenburg, Whittenburg, Schachter & Harris, P.C., Amarillo, TX, for Appellant.

Marvin W. Jones, Christopher L. Jensen, Sprouse Shrader Smith, P.C., Amarillo, TX, Jennifer R. Tillison, Roger D. Townsend, Alexander DuBose Jones & Townsend, Houston, TX, for Appellee.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Opinion

BRIAN QUINN, Chief Justice.

"When you're winning, you make it easy, when you're losing you make it hard, when you don't know, you give it to the judge, that's what lawyers do."1

With this appeal, the court delves into the field of supplying electrical energy, a field strewn with such concepts and terms as "PPA capacity," "requested energy," "replacement energy," "power factor of 0.9 lagging to .095 leading...

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