Masspower v. Massachusetts Municipal Wholesale Electric Co.

Neel, Stephen E., J.

Plaintiff MASSPOWER and defendant Massachusetts Municipal Wholesale Electric Company (MMWEC) entered into a long-term power purchase agreement (PPA) in 1990, pursuant to which MMWEC purchased electric power generated by MASSPOWER’s Springfield, Massachusetts, facility. By 2004, deregulation of the New England power supply market, and changes in the operation of that market, had made the PPA economically disadvantageous in MMWEC’s view, and the parties attempted to negotiate a buyout of the PPA.

This lawsuit arises out of the failure of that negotiation, MMWEC’s demand that…