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Contracts Keyed to Barnett
Northern Indiana Public Service Co. v. Carbon County Coal Co.
Citation:
799 F.2d 265 (7th Cir. 1986)Facts
In 1978, NIPSCO and Carbon County signed a contract whereby Carbon County agreed to sell and NIPSCO to buy approximately 1.5 million tons of coal every year for 20 years. The price started at $24 per ton but included escalator provisions that had driven the price up to $44 per ton by 1985. The contract specified exact quantities and established a price floor. In 1983, the Indiana Public Service Commission issued “economy purchase orders” directing NIPSCO to buy electricity from other utilities when it could do so at prices lower than its costs of internal generation. As energy prices fell, NIPSCO found it could buy electricity cheaper than generating it with Carbon County’s coal. In April 1985, NIPSCO stopped accepting coal deliveries and filed suit seeking a declaration that it was excused from its obligations. Carbon County counterclaimed for breach and sought a preliminary injunction, which was granted. After trial, the jury awarded Carbon County $181 million in damages.
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