Agrilectric Power Partners, Ltd. v. Entergy Gulf States, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
This is an appeal by Agrilectric Power Partners, Ltd. (“Agrilectric”) from an order of the District Court interpreting and applying a contract between Agrilectric and Entergy Gulf States, Inc. (“Entergy”), a utility company providing electric power to consumers in Louisiana and Texas. We agree that the “regulatory-out” price adjustment clause in the contract is enforceable and affirm the district court’s judgment.. I.
Agrilectric is a qualified facility (“QF”) under the Public Utility Regulatory Policies Act (“PURPA”), the federal statute governing this protected…
2Cases cited5 opinions
- Billy Ray Self v. Frank Blackburn, Warden, Louisiana State Penitentiary and William J. Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1985
- Freehold Cogeneration Associates, L.P. v. Board Of Regulatory Commissioners Of The State Of New JerseyCourt of Appeals for the Third Circuit · 1995
- Smith Cogeneration Management, Inc. v. Corp. CommissionSupreme Court of Oklahoma · 1993
- Hopewell Cogeneration Ltd. Partnership v. State Corp. CommissionSupreme Court of Virginia · 1995
- North American Natural Resources, Inc. v. Michigan Public Service Comm'nDistrict Court, W.D. Michigan · 1999
3Cited by5 opinions
- In Re: B-727 200Court of Appeals for the Fifth Circuit · 2001
- Dolese v. Office Depot, Inc.Court of Appeals for the Fifth Circuit · 2000
- Hashemite Kingdom of Jordan ex rel. Muasher v. Layale Enterprises, S.A.Court of Appeals for the Fifth Circuit · 2001
- North American Natural Resources, Inc. v. StrandCourt of Appeals for the Sixth Circuit · 2001
- North American Natural Resources, Inc. Midland Cogeneration Venture Limited Partnership Michigan Power Limited Partnership Central Wayne Energy Recovery Limited Partnership v. John G. Strand, Chairman, John C. Shea and David A. Svanda, Commissioners of the Michigan Public Service CommissionCourt of Appeals for the Sixth Circuit · 2001