IDENTITY OF THE AMICUS CURIAE -- THE INTEREST OF AMICI IN THE CASE -- THE SOURCE OF AMICI’S AUTHORITY TO FILE -- ARGUMENT -- Summary of the Argument -- Relevant Facts -- I. THE COMMUNITY OF BRAZIL’S ENERGY PRODUCERS NEEDS THE TERM “SUBSTANTIAL COMPLETION” TO INCLUDE PERFORMANCE TESTING -- A. Amici’s Members Possess a Number of Key Characteristics -- 1. There are a Limited Number of Participants with Specialized Knowledge and Skills -- 2. Amici’s Members Operate on a High Risk Model -- 3. Amici’s Members Face Many Diverse Pressures -- B. Construction of Power Plants is Different than Other Types of Construction -- 1. The Field Uses Different Kinds of Contracts -- 2. The Field Uses Different Kinds of Contractors -- 3. The Field Frequently Chooses to Operate Under New York Law -- C. Due to the Characteristics of the Energy Producer Industry, Substantial Completion Should Equal the Date of Performance Testing -- II. THE LAW AND INDUSTRY EXPERTS SUPPORT AMICI’S ARGUMENTS -- III. THE UNINTENDED CONSEQUENCES OF AN ADVERSE DECISION WILL CAUSE SERIOUS HARM -- CONCLUSION