Virginia Electric and Power Co v. Bransen Energy, Inc

THACKER, Circuit Judge:

Seeking fuel for a newly constructed power plant, Virginia Electric and Power Company, doing business as Dominion Virginia Power (“Dominion”), contracted with Bransen Energy, Inc. (“Bransen”), and paid nearly $27 million for coal product which would satisfy rigid specifications and environmental regulations. However, the product Bransen delivered, consisting of coke breeze and waste coal, fell far short of these requirements. After Dominion filed suit in the United States District Court for the Eastern District of Virginia, the district court awarded Dominion partial…