TXU Portfolio Management Co., L.P. v. FPL Energy, LLC, et al., 328 S.W.3d 580 (Tex. Ct. App. 2010)

(case involves contractual dispute between electricity wholesaler and wind-powered electrical generation facilities; plaintiff seeks to recover liquidated damages after defendant failed to deliver (due to inherent inefficiencies of wind-generated electricity) minimum annual quantities of wind-generated electricity and renewable energy credits due under purchase and sale agreements; defendant countersued claiming that plaintiff failed to ensure sufficient transmission capacity; trial court rendered "take nothing" judgment for both parties on damage claims and a declaratory judgment in favor of defendant; both parties appeal, and on appeal court affirms take nothing judgment for defendant on their damage claim, and reverses to rule in favor of plaintiff on the construction of contract clause concerning plaintiff's duty to provide transmission capacity; case remanded).