City of Lincoln v. Nebraska Public Power District

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 power, LES was required to pay 12.5 percent of the costs of operating the Plant. In 1993, the Plant was scheduled to be shut down…