Guelph Hydro receives Innovation in Technology award

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ESRI Canada is pleased to announce that Guelph Hydro Electric Systems Inc. (Guelph Hydro) received the Innovation in Technology award at the Small Utility LeaderÂ’s Forum in Cambridge, Ontario. This award was presented to Guelph Hydro in recognition of their innovative Web application and leadership among electrical utilities in Ontario.

Since 1999, Guelph Hydro has been helping other electrical utilities migrate away from their legacy CAD environment to the ArcGIS platform by providing data conversion and application support. Guelph Hydro effectively developed a number of custom applications in ArcGIS that allow electrical utilities to quickly standardize their systems and streamline day-to-day operations.

“Guelph Hydro has demonstrated exceptional innovation in their approach to streamlining internal and external operations using the latest in ArcGIS Server technology,” said John Houweling, Regional Manager, Ontario, ESRI Canada. “Their ability to standardize otherwise disparate systems and meet the Ontario Energy Board’s reporting requirements has effectively inspired fifteen of Ontario’s 93 electrical utilities to do the same.”

Guelph Hydro is one of the first electric utilities in Ontario to develop an internal Web-enabled application using the ArcGIS Server API for Flex. The application is being used for the delivery of several internal applications that link to their Customer Information System (CIS). Applications include an Automatic Vehicle Location (AVL) application that allows them locate and route service vehicles and Site Inspections – an ArcPAD field inspection application that enables a real-time awareness of current field conditions. In just a short time, their Web application has enabled a number of productivity gains and is helping to better facilitate yearly reporting requests to the Ontario Energy Board (OEB).

“We decided to develop this application using the ArcGIS API for Flex because it allowed us to combine a number of independent applications into a single, visually rich interactive map, query and display GIS,” explains Dan Amyot, Manager of Information Systems, Guelph Hydro Electric Systems Inc. “Out-of-the-box capabilities in ArcGIS Server made Web application development relatively easy. We plan to further extend our Web development capabilities to better serve our customers.”

“I am quite pleased to see how our development activities are helping other electrical utilities demonstrate service quality with indicators such as the OEB’s SAIFI and CAIDI,” said Neill Burdett, Communications and Operating Supervisor, Guelph Hydro Electric Systems Inc.

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Elizabeth May wants a fully renewable electricity grid by 2030. Is that possible?

Green Party Mission Possible 2030 outlines a rapid transition to renewable energy, electric vehicles, carbon pricing, and grid modernization, phasing out oil and gas while creating green jobs, public transit upgrades, and building retrofits.

 

Key Points

A Canadian climate roadmap to decarbonize by 2030 via renewables, EVs, carbon pricing, and grid upgrades.

✅ Ban on new gas cars by 2030; accelerate EV adoption and charging.

✅ 100 percent renewable-powered grid with interprovincial links.

✅ Just transition: retraining, green jobs, and building retrofits.

 

Green Party Leader Elizabeth May has a vision for Canada in 2030. In 11 years, all new cars will be electric. A national ban will prohibit anyone from buying a gas-powered vehicle. No matter where you live, charging stations will make driving long distances easy and affordable. Alberta’s oil industry will be on the way out, replaced by jobs in sectors such as urban farming, renewable energy and retrofitting buildings for energy efficiency. The electric grid will be powered by 100 per cent renewable energy as Canada’s race to net-zero accelerates.

It’s all part of the Greens’ “Mission Possible” – a detailed plan released Monday with a level of ambition made clear by its very name. May insists it’s the only way to confront the climate crisis head-on before it’s too late.

“We have to set our targets on what needs to be done. You can’t negotiate with physics,” May told CTV’s Power Play on Monday.

But is that 2030 vision realistic?

CTVNews.ca spoke with experts in economics, political policy, renewable energy and climate science to explore how feasible May’s plan is, how much it would cost and what transitioning to an environmentally-centred economy would look like for everyday Canadians.

 

MOVING TO A GREEN ECONOMY

Recent polling from Nanos Research shows that the environment and climate change is the top issue among voters this election.

If the Greens win a majority on Oct. 21 – an outcome that May herself acknowledged isn’t likely – it would signal a major restructuring of the Canadian economy.

According to the party’s platform, jobs in the fuels sectors, such as oil and gas production in Alberta, would eventually disappear. The Greens say those job losses would be replaced by opportunities in a variety of fields including renewable energy, farming, public transportation, manufacturing, construction and information technology.

The party would also introduce a guaranteed livable income and greater support for technical and educational training to help workers transition to new jobs.

But Jean-Thomas Bernard, an economist who specializes in energy markets, said plenty of people in today’s energy sector, such as oil and gas workers, wouldn’t have the skills to make that transition.

“Quite a few of these jobs have low technical requirements. Driving a truck is driving a truck. So quite few of these people will not have the capacity to be recycled into well-paid jobs in the renewable sector,” he said.

“Maybe this would be for the young generation, but not people who are 40, 45, 50.”

Ryan Katz-Rosene is an associate professor at the University of Ottawa who researches environmental policy. He says May’s overall pitch is technically possible but would require a huge amount of enthusiasm on behalf of the public. 

“The plan in itself is not physically impossible. It is theoretically achievable. But it would require a major, major change in the urgency and the level of action, the level of investment, the level of popular urgency, the level of political commitment,” he said.

“But it’s not completely fantastical in it being theoretically impossible.”

 

PHASING OUT BITUMEN PRODUCTION

Katz-Rosene said that, under the Greens’ plan, Canadians would need to pay for a bold carbon pricing plan that helps shift the country away from fossil fuels and has significant implications for electricity grids, he said. It would also mean dramatically upscaling the capacity of Canada’s existing electrical grid to account for millions of new electric cars, reflecting the need for more electricity to hit net-zero as demand grows.

 “Given Canada’s slow attempt to climate action and pretty lacklustre results in these years, to be frank, this plan is very, very difficult to achieve. We’re talking 11 years from now. But things change, people change, and sometimes that change can occur very quickly. Just look at the type of climate mobilization we’re seen among young people in the last year, or the last five years.”

Bernard, the economist, is less optimistic. He cited international agreements such as the Kyoto Protocol from 1997 and the more recent Paris Climate Agreement and said that little has come of those plans.

A climate solution with teeth, he suggests, would need to be global – something that no federal government can completely control.

“I find a lot this talk to be overly optimistic. I don’t know why we keep having this talk that is overly optimistic,” he said, adding that he believes humankind is already beyond the point of being able to stop irreversible climate change. 

“I think we are moving toward a mess, but the effort to control that is still not there.”

As for transitioning away from Canada’s oil industry, Bernard said May’s plan simply wouldn’t work.

“Trying to block some oil production here and there means more oil will be produced elsewhere,” he said. “Canada could become a clean country, but worldwide it would not be much.”

Mike Hudema, a climate organizer with Greenpeace Canada, thinks the Green Party’s promises for 2030 are big – and that’s kind of the point.

“They are definitely ambitious, but ambition is exactly what these times call for.  Unfortunately our government has delayed acting on this problem for so long that we have a very short timeline which we have to turn the ship,” he said.

“So this is the type of ambition that the science is calling for. So yes, I believe that if we here in Canada were to put our minds to addressing this problem, then we have the ability to reach it in that 2030 timeframe.”

In a statement to CTVNews.ca, a Green Party spokesperson said the 2030 timeline is intended to meet the 45 per cent reduction in emissions by 2030 as laid out by the Intergovernmental Panel on Climate Change.

“If we miss the 2030 target, we risk triggering runaway global warming,” the spokesperson said.

 

GREENING THE GRID BY 2030

Greening Canada’s existing electric grid – a goal May has pegged to 2030 – is quite feasible, Katz-Rosene said, and cleaning up Canada’s electricity is critical to meeting climate pledges. Already, 82 per cent of the country’s electric grid is run off of renewable resources, which makes Canada a world leader in the field, he said.

Hudema agrees.

“It is feasible. Canada does have a grid already that has a lot of renewables in it. So yes we can definitely make it over the hump and complete the transition. But we do need investments in our electric grid infrastructure to ensure a certain capability. That comes with tremendous job growth. That’s the exciting part that people keep missing,” Hudema said.

But Bernard said switching the grid to 100 per cent renewables would be quite difficult. He suggested that the Greens’ 2030 vision would require Ontario and Quebec’s hydro production to help power the Prairies.

“To think we could boost (hydro production) much more in order to meet Saskatchewan and Alberta’s needs? Oh boy. To do this before 2030? I think that’s not reasonable, not feasible.”

In a statement to CTV News, the Greens said their strategy includes building new connections between eastern Manitoba and western Ontario to transmit clean energy. They would also upgrade existing connections between New Brunswick and Nova Scotia and between B.C. and Alberta to boost reliability.

A number of “micro-grids” in local communities capable of storing clean energy would help reduce the dependency on nationwide distribution systems, the party said.

Even so, the Greens acknowledged that, by 2030, some towns and cities will still be using some fossil fuels, and that even by 2050 – the goal for achieving overall carbon neutrality – some “legacy users” of fossil fuels will remain.

However, according to party projections, the emissions of these “legacy users” would be at most 8 per cent of today’s levels and those emissions would be “more than completely offset” by re-forestation and new technologies, such as CO2 capture and storage.

 

ELECTRIC VEHICLE REVOLUTION

The Green Party’s platform promises to revolutionize the Canadian auto sector. By 2030, all new cars made in Canada would be electric and federal EV sales regulations would prohibit the sale of cars powered by gasoline.

Danny Harvey, a geography professor with the University of Toronto who specializes in renewable energy, said he thinks May’s plan for making a 100 per cent renewable-powered electric grid is feasible.

On cars, however, he thinks the emphasis on electric vehicles is “misplaced.”

“At this point in time we should be requiring automobiles to transition, by 2030, to making cars that can go three times further on a litre of gasoline than at present. This would require selling only advanced hybrid-electric vehicles (HEVs), which would run entirely on gasoline (like current HEVs),” he said.

“After that, and when the grid is fully ready, we could make the transition to fully electric or plugin hybrid electric vehicles, possibly using H2 for long-distance driving.”

At the moment, zero-emissions vehicles account for just over 2 per cent of annual vehicle sales in Canada. Katz-Rosene said that “isn’t a whole lot,” but the industry is on an exponential growth curve that doesn’t show any signs of slowing.

The trouble with May’s 2030 goal on electric vehicles, he said, has to do with Canadians’ taste in vehicles. In short: Canadians like trucks.

“The biggest obstacle I see is that I don’t even think it’s possible to get a light-duty truck, a Ford F150, in an electric model in Canada. And that’s the most popular type of vehicle,” he said.

However, if a zero emissions truck were on the market – something that automakers are already working on – then that could potentially shake things up, especially if the government introduces incentives for electric vehicles and higher taxes on gasoline, he said.

 

WHAT ABOUT THE COST?

CTVNews.ca reached out to the Green Party to ask how it would pay to revamp the electrical grid. The party did not give a precise figure but said that the plan “has been estimated to cost somewhat less” than the Trans Mountain Pipeline expansion.

The Greens have vowed to scrap the expansion and put that money toward the project.

Upgrading the electric grid to 100 per cent sustainable energy would also be a cost-effective, long-term solution, the Greens believe, though critics say Ottawa is making electricity more expensive for Albertans amid the transition.

“Current projects for renewable energy in Canada and worldwide are consistently at lower capital and operating costs than any type of fossil, hydro or nuclear energy project,” the party spokesperson said.

The party’s platform includes other potential sources of money, including closing tax loopholes for the wealthy, cracking down on offshore tax dodging and a new corporate tax on e-commerce companies, such as Facebook, Amazon and Netflix. The Greens have also vowed to eliminate all fossil fuel subsidies.

As for the economic realities, Katz-Rosene acknowledged that May’s plan may appeal to “radical” voters who view economic growth as anathema to addressing climate change.

But while May’s plan would be disruptive, it isn’t anti-capitalist, he said.

“It’s restrained capitalism. But it by no means an anti-capitalist platform, and none of the parties have an anti-capitalist platform by any stretch of the imagination,” Katz-Rosene said.

From an economist’s perspective, Bernard said the plan is still “very costly” and that taxes can only go so far.

“In the end, no corporation operates at a loss. At some stage, these taxes have to go to the users,” he said.

But conversations around money must also consider the cost of inaction on climate change, Hudema said.

“Costing (Elizabeth May) is always a concern and how we’re going to afford these things is something we definitely need to keep top of mind. But within that conversation we need to look at what is the cost of not doing what is in line with what the science is saying. I would say that cost is much more substantial.”

“The forecast, if we don’t act – it’s astronomical.”

 

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EDF and France reach deal on electricity prices-source

EDF Nuclear Power Price Deal sets a 70 euros/MWh reference price, adds consumer protection if wholesale electricity prices exceed 110 euros/MWh, and outlines taxation mechanisms to shield bills while funding nuclear investment.

 

Key Points

A government-EDF deal setting 70 euros/MWh with safeguards above 110 euros/MWh to protect consumers.

✅ Reference price fixed at 70 euros/MWh, near EDF costs.

✅ Consumer shield above 110 euros/MWh; up to 90% extra-revenue tax.

✅ Review clauses maintain 70 euros/MWh through market swings.

 

State-controlled power group EDF and the French government have reached a tentative deal on future nuclear power prices, echoing a new electricity pricing scheme France has floated, a source close to the government said on Monday, ending months of tense negotiations.

The two sides agreed on 70 euros per megawatt hour (MWH) as a reference level for power prices, aligning with EU plans for more fixed-price contracts for consumers, the source said, cautioning that details of the deal are still being finalised.

The negotiations aimed to find a compromise between EDF, which is eager to maximise revenues to fund investments, and the government, keen to keep electricity bills for French households and businesses as low as possible, amid ongoing EU electricity reform debates across the bloc.

EDF declined to comment.

The preliminary deal sets out mechanisms that would protect consumers if power market prices rise above 110 euros/MWH, similar to potential emergency electricity measures being weighed in Europe, the source said, adding that the deal also includes clauses that would provide a price guarantee for EDF.

The 70 euros/MWH agreed reference price level is close to EDF's nuclear production costs, as Europe moves to revamp its electricity market more broadly. The nuclear power produced by the company provides 70% of France's electricity.

The agreement would allow the government to tax EDF's extra revenues at 90% if prices surpass 110 euros/MWH, in order to offset the impact on consumers. It would also enable a review of conditions in case of market fluctuations to safeguard the 70 euro level for EDF, reflecting how rolling back electricity prices is tougher than it appears, the source said.

French wholesale electricity prices are still above 100 euros/MWH, after climbing to 1,200 euros during last year's energy crisis, even as diesel prices have returned to pre-conflict levels.

A final agreement should be officially announced on Tuesday after a meeting between Finance Minister Bruno Le Maire, Energy Transition Minister Agnes Pannier-Runacher and EDF chief Luc Remont.

That meeting will work out the final details on price thresholds and tax rates between the reference level and the upper limit, the source said.

Negotiations between the two sides were so fraught that at one stage they raised questions about the future of EDF chief Luc Remont, who was appointed by President Emmanuel Macron a year ago to turn around EDF.

The group ended 2022 with a 18 billion-euro loss and almost 65 billion euros of net debt, hurt by a record number of reactor outages that coincided with soaring energy prices in the wake of Russia's invasion of Ukraine.

With its output at a 30-year low, EDF was forced to buy electricity on the market to supply customers. The government, meanwhile, imposed a cap on electricity prices, leaving EDF selling power at a discount.

 

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US looks to decommission Alaskan military reactor

SM-1A Nuclear Plant Decommissioning details the US Army Corps of Engineers' removal of the Fort Greely reactor, Cold War facility dismantling, environmental monitoring, remote-site power history, and timeline to 2026 under a deactivated nuclear program.

 

Key Points

Army Corps plan to dismantle Fort Greely's SM-1A reactor and complete decommissioning of remaining systems by 2026.

✅ Built for remote Arctic radar support during the Cold War

✅ High costs beat diesel; program later deemed impractical

✅ Reactor parts removed; residuals monitored; removal by 2026

 

The US Army Corps of Engineers has begun decommissioning Alaska’s only nuclear power plant, SM-1A, which is located at Fort Greely, even as new US reactors continue to take shape nationwide. The $17m plant closed in 1972 after ten years of sporadic operation. It was out of commission from 1967 to 1969 for extensive repairs. Much of has already been dismantled and sent for disposal, and the rest, which is encased in concrete, is now to be removed.

The plant was built as part of an experimental programme to determine whether nuclear facilities, akin to next-generation nuclear concepts, could be built and operated at remote sites more cheaply than diesel-fuelled plants.

"The main approach was to reduce significant fuel-transportation costs by having a nuclear reactor that could operate for long terms, a concept echoed in the NuScale SMR safety evaluation process, with just one nuclear core," Brian Hearty said. Hearty manages the Army Corps of Engineers’ Deactivated Nuclear Power Plant Program.

#google#

He said the Army built SM-1A in 1962 hoping to provide power reliably at remote Arctic radar sites, where in similarly isolated regions today new US coal plants may still be considered, intended to detect incoming missiles from the Soviet Union at the height of the Cold War. He added that the programme worked but not as well as Pentagon officials had hoped. While SM-1A could be built and operated in a cold and remote location, its upfront costs were much higher than anticipated, and it costs more to maintain than a diesel power plant. Moreover, the programme became irrelevant because of advances in Soviet rocket science and the development of intercontinental ballistic missiles.

Hearty said the reactor was partially dismantled soon after it was shut down. “All of the fuel in the reactor core was removed and shipped back to the Atomic Energy Commission (AEC) for them to either reprocess or dispose of,” he noted. “The highly activated control and absorber rods were also removed and shipped back to the AEC.”

The SM-1A plant produced 1.8MWe and 20MWt, including steam, which was used to heat the post. Because that part of the system was still needed, Army officials removed most of the nuclear-power system and linked the heat and steam components to a diesel-fired boiler. However, several parts of the nuclear system remained, including the reactor pressure vessel and reactor coolant pumps. “Those were either kept in place, or they were cut off and laid down in the tall vapour-containment building there,” Hearty said. “And then they were grouted and concreted in place.” The Corps of Engineers wants to remove all that remains of the plant, but it is as yet unclear whether that will be feasible.

Meanwhile, monitoring for radioactivity around the facility shows that it remains at acceptable levels. “It would be safe to say there’s no threat to human health in the environment,” said Brenda Barber, project manager for the decommissioning. Work is still in its early stages and is due to be completed in 2026 at the earliest. Barber said the Corps awarded the $4.6m contract in December to a Virginia-based firm to develop a long-range plan for the project, similar in scope to large reactor refurbishment efforts elsewhere. Among other things, this will help officials determine how much of the SM-1A will remain after it’s decommissioned. “There will still be buildings there,” she said. “There will still be components of some of the old structure there that may likely remain.”

 

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Electricity prices in Germany nearly doubled in a year

Germany Energy Price Hikes are driving electricity tariffs, gas prices, and heating costs higher as wholesale markets surge after the Ukraine invasion; households face inflationary pressure despite relief measures and a renewables levy cut.

 

Key Points

Germany Energy Price Hikes reflect surging power and gas tariffs from wholesale spikes, prompting relief measures.

✅ Electricity tariffs to rise 19.5% in Apr-Jun

✅ Gas tariffs up 42.3%; heating and fuel costs soar

✅ Renewables levy ends July; saves €6.6 billion yearly

 

Record prices for electricity and gas in Germany will continue to rise in the coming months, the dpa agency, citing estimates from the consumer portal Verivox.

According to him, electricity suppliers and local utilities, in whose area of ​​responsibility there are 13 million households, made an announcement of tariff increases in April, May and June by 19.5%. Gas tariffs increased by an average of 42.3%.

According to Verivox, electricity prices in Germany have approximately doubled over the year - a pattern seen as European electricity prices rose more than double the EU average - if previously a household with a consumption of 4,000 kWh paid 1,171 euros a year, now the amount has risen to 1,737 euros. Gas prices have risen even more, though European gas prices later returned to pre-Ukraine war levels: last year, a household with a consumption of 20,000 kWh paid 1,184 euros in annual terms, and now it is 2,787 euros. 

Energy costs for the average German household are 52 percent higher than a year ago, adding to EU inflation pressures, according to energy contract sales website Check24. In a press release, the company said the wholesale electricity price was at €122.93 per megawatt-hour in February 2022, compared to €49 this time last year, while in the United States US electricity prices climbed at the fastest pace in 41 years. In addition, electricity prices on the power exchange haven been rising rapidly since Russian troops invaded Ukraine, comparison portal Strom Report said. Costs for heating rose the most, triggered by the high gas price (105 euros per megawatt-hour on the wholesale market) and around 100 USD per barrel of oil – its highest price since 2014. Driving also became more expensive with costs for petrol up 25 percent and diesel 30 percent, Check24 said.

The German government has decided on relief measures for low-income households, including a 200 billion euro energy shield, in response to high consumer energy costs. In July, it will abolish the renewables levy on the power price, saving consumers around €6.6 billion annually. In a reform proposal released this week, the ministry for economy and climate also detailed how it will legally oblige power suppliers to reduce their power bills when the levy is abolished.

 

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US January power generation jumps 9.3% on year: EIA

US January power generation climbed to 373.2 TWh, EIA data shows, with coal edging natural gas, record wind output, record nuclear generation, rising hydro, and stable utility-scale solar amid higher Henry Hub prices.

 

Key Points

US January power generation hit 373.2 TWh; coal led gas, wind and nuclear set records, with solar edging higher.

✅ Coal 31.8% share; gas 29.4%; coal output 118.7 TWh, gas 109.6 TWh.

✅ Wind hit record 26.8 TWh; nuclear record 74.6 TWh.

✅ Total generation 373.2 TWh, highest January since 2014.

 

The US generated 373.2 TWh of power in January, up 7.9% from 345.9 TWh in December and 9.3% higher than the same month in 2017, Energy Information Administration data shows.

The monthly total was the highest amount in January since 377.3 TWh was generated in January 2014.

Coal generation totaled 118.7 TWh in January, up 11.4% from 106.58 TWh in December and up 2.8% from the year-ago month, consistent with projections of a coal-fired generation increase for the first time since 2014. It was also the highest amount generated in January since 132.4 TWh in 2015.

For the second straight month, more power was generated from coal than natural gas, as 109.6 TWh came from gas, up 3.3% from 106.14 TWh in December and up 19.9% on the year.

However, the 118.7 TWh generated from coal was down 9.6% from the five-year average for the month, due to the higher usage of gas and renewables and a rising share of non-fossil generation in the overall mix.

#google#

Coal made up 31.8% of the total US power generation in January, up from 30.8% in December but down from 33.8% in January 2017.

Gas` generation share was at 29.4% in the latest month, with momentum from record gas-fired electricity earlier in the period, down from 30.7% in December but up from 26.8% in the year-ago month.

In January, the NYMEX Henry Hub gas futures price averaged $3.16/MMBtu, up 13.9% from $2.78/MMBtu averaged in December but down 4% from $3.29/MMBtu averaged in the year-ago month.

 

WIND, NUCLEAR GENERATION AT RECORD HIGHS

Wind generation was at a record-high 26.8 TWh in January, up 29.3% from 22.8 TWh in December and the highest amount on record, according to EIA data going back to January 2001. Wind generated 7.2% of the nation`s power in January, as an EIA summer outlook anticipates larger wind and solar contributions, up from 6.6% in December and 6.1% in the year-ago month.

Utility-scale solar generated 3.3 TWh in January, up 1.3% from 3.1 TWh in December and up 51.6% on the year. In January, utility-scale solar generation made up 0.9% of US power generation, during a period when solar and wind supplied 10% of US electricity in early 2018, flat from December but up from 0.6% in January 2017.

Nuclear generation was also at a record-high 74.6 TWh in January, up 1.3% month on month and the highest monthly total since the EIA started tracking it in January 2001, eclipsing the previous record of 74.3 TWh set in July 2008. Nuclear generation made up 20% of the US power in January, down from 21.3% in December and 21.4% in the year-ago month.

Hydro power totaled 25.4 TWh in January, making up 6.8% of US power generation during the month, up from 6.5% in December but down from 8.2% in January 2017.

 

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

 

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

 

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