171091P.pdf   05/02/2018  Smoky Hills Wind Project II  v.  City of Independence, Missouri
   U.S. Court of Appeals Case No:  17-1091
                          and No:  17-1171
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Kelly, Circuit 
   Judge] 
   Civil case - Contracts. The parties' contract for the provision of 
   wind-generated electric power provided that defendant could be billed for 
   economic curtailments, and the district court did not err in determining 
   defendant was liable for the costs associated with the specified economic 
   curtailments; under the provisions of the parties' agreement, plaintiff 
   timely billed defendant for the curtailment costs by submitting the bills 
   as part of its monthly billing invoices; the district court did not err in 
   interpreting the contract's provision governing "emergency curtailment;" 
   nor did the court err in concluding plaintiff had not over-allocated power 
   to defendant beyond the share it had contracted to receive.