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Nebraska Utility Denied Rehearing Over Wind Power Agreements

Oct. 19, 2021, 9:18 PM

The Nebraska Public Power District must uphold power purchase agreements with wind energy producers after the Eighth Circuit denied its petition for rehearing Tuesday.

The utility argued it should be able to cancel the agreements with Laredo Ridge Wind LLC, Broken Bow Wind LLC, Crofton Bluffs Wind LLC, and Elkhorn Ridge Wind LLC. The wind-farm affiliates transferred control of their parent companies’ ownership interests without NPPD’s approval, which violated the agreements, the utility said.

The U.S. Court of Appeals for the Eighth Circuit disagreed.

The transfer of ownership interests didn’t trigger the change-of-control provision in the agreements, the court said ...