Nucor Corporation v. Nebraska Public Power District

I concur in Parts I, III and IV of the majority opinion as far as it is necessary to reach those issues. I dissent from Part II.

While I accept that the Power District may have breached its duty to charge fair, reasonable and nondiscriminatory rates, I believe that it was error for the district court to submit the question of damages to the jury. Damages are too speculative.

This Court lacks both the wherewithal and the legislative authority to determine damages in this instance because more than one fair, reasonable and nondiscriminatory rate schedule may exist. Courts do not have the…