Sempra prevails in contract dispute with Calif.
* Sempra sued to stop cancellation of 10-year contract
* State opposed outside purchase, resale of power
* Jury finds contract allows power from any source
LOS ANGELES, Dec 1 (Reuters) - A San Diego jury has ruled
that Sempra Energy (SRE.N) did not breach its $6.6 billion
contract with the state of California for failing to build a
power plant near Bakersfield on time, both parties said on
Tuesday.
The state threatened to cancel the 10-year contract after Sempra changed a plan to build the Elk Hills power plant in two stages, allowing it to produce power faster and alleviate soaring prices during the 2001-2002 energy deregulation debacle.
Sempra instead skipped the interim stage because prices had already begun to abate, and had Elk Hills up and running a year after the state's April 1, 2002, deadline, Sempra attorney Michael Hennigan said.
The state contended that Sempra breached the contract by missing the deadline and by purchasing and reselling power to cover demand while the plant was being built.
Sempra asked a court for a declaratory judgment that it had interpreted the contract correctly, and the state countersued for breach of contract in San Diego Superior Court.
The jury on Monday ruled in favor of Sempra and denied the state's request to void the contract and order Sempra to pay about $2 billion in damages, Hennigan said.
A state spokesman had no immediate comment.
The state has been embroiled in a series of disputes over the Elk Hills power plant against Sempra, the largest U.S. natural gas distributor, since about 2002.
"Right after this contract was signed the price of energy in California dropped back to historical levels," Hennigan said. "The minute that happened (the Department of Water Resources) got criticized for entering into too many contracts, at too high a price and too long a term -- so they started trying to get out of them."
The parties are scheduled to go to arbitration over another dispute -- the fourth -- involving the Elk Hills contract, Hennigan said.
The case is Sempra vs. California Department of Water Resources, Case No. GIC789291, San Diego County Superior Court. (Reporting by Gina Keating, editing by Matthew Lewis) ((gina.keating@thomsonreuters.com; + 1 213 955 6776; Reuters Messaging; gina.keating.reuters.com@reuters.net))
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