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FPL ENERGY v. TXU PORTFOLIO MANAGEMENT CO.

No. 11-0050.

426 S.W.3d 59 (2014)

FPL ENERGY, LLC, FPL Energy Pecos Wind I, L.P., FPL Energy Pecos Wind II, L.P., and Indian Mesa Wind Farm, L.P., Petitioners, v. TXU PORTFOLIO MANAGEMENT COMPANY, L.P. n/k/a Luminant Energy Company, LLC, Respondent.

Supreme Court of Texas.

Decided March 21, 2014.

Attorney(s) appearing for the Case

Allen Ryan Paulsen , Anne McGowan Johnson , Ben L. Mesches , Nina Cortell , Haynes & Boone LLP, Jeffrey M. Tillotson , John D. Volney , Lynn Tillotson Pinker & Cox, LLP, Dallas, TX, for Petitioners.

Daniel Lee Gus , James W. Walker , Walker Sewell LLP, James C. Ho , Gibson Dunn & Crutcher LLP, Dallas, Lawrence J.C. VanDyke , Office of the Attorney General Solicitor General's Office, TX, for Respondent.

Gene Grace , American Wind Energy Company LLC, Washington, DC, for Amicus Curiae.

Justice GREEN delivered the opinion of the Court.

In this contract interpretation case, TXU Portfolio Management Company, L.P. (TXUPM) contracted to receive electricity and renewable energy credits (RECs) from wind farms owned by FPL Energy, LLC. FPL failed to provide the required electricity and RECs. TXUPM sued FPL for breach of contract; FPL counterclaimed, arguing TXUPM failed to provide FPL with sufficient transmission

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