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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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Manitoba Hydro Interim Rate Increase faces PUB scrutiny as consumers coalition challenges a 5% electricity rate hike, citing drought planning, retained earnings, affordability, transparency, and impacts on fixed incomes and northern communities.

Key Points

A proposed 5% electricity rate hike under PUB review, opposed by consumers citing drought planning and affordability.

✅ Coalition backs 2% hike; 5% seen as undue burden

✅ PUB review sought; interim process lacks transparency

✅ Retained earnings, efficiencies cited to offset drought

The Consumers Coalition is urging the Public Utilities Board (PUB) to reject Manitoba Hydro’s current interim rate increase application, amid ongoing debates about Hydro governance and policy.

Hydro is requesting a five per cent jump in electricity rates starting on January 1, claiming drought conditions warrant the increase but the coalition disagrees, saying a two per cent increase would be sufficient.

The coalition, which includes Harvest Manitoba, the Consumers’ Association of Canada-Manitoba, and the Aboriginal Council of Winnipeg, said a 5 per cent rate increase would put an unnecessary strain on consumer budgets, especially for those on fixed incomes or living up north.

"We feel that, in many ways, Manitobans have already paid for this drought," said Gloria Desorcy, executive director of the Consumers’ Association of Canada - Manitoba.

The coalition argues that hydroelectric companies already plan for droughts and that hydro should be using past earnings to mitigate any losses.

The group claims drought conditions would have added about 0.8 per cent to Hydro’s bottom line. They said remaining revenues from a two per cent increase could then be used to offset the increased costs of major projects like the Keeyask generating station and service its growing debt obligations.

The group also said Hydro is financially secure and is projecting a positive net income of $112 million next year without rate increases, even as utility profits can swing with market conditions, assuming the drought doesn’t continue.

They argue Hydro can use retained earnings as a tool to mitigate losses, rather than relying on deferral accounting that shifts costs, and find further efficiencies within the corporation.

"So we said two per cent, which is much more palatable for consumers especially at the time when so many consumers are struggling with so many higher bills,” said Desorcy.

According to the coalition’s calculations, that works out to a $2-4 increase per month, and debates such as ending off-peak pricing in Ontario show how design affects bills, depending on whether electricity is used for heating, but it could be higher.

The coalition said their proposed two per cent rate increase should be applied to all Manitoba Hydro customers and have a set expiration date of January 1, 2023.

Another issue, according to the coalition, is the process of an interim rate application does not provide any meaningful transparency and accountability, whereas recent OEB decisions in Ontario have outlined more robust public processes.

Desorcy said the next step is up to the PUB, though board upheaval at Hydro One in Ontario shows how governance shifts can influence outcomes.

The board is expected to decide on the proposed increase in the next couple of weeks.

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Texas Power Grid Reliability faces ERCOT blackouts and winter storm risks; solutions span weatherization, natural gas coordination, PUC-ERCOT reform, capacity market signals, demand response, grid batteries, and geothermal to maintain resilient electricity supply.

Key Points

Texas Power Grid Reliability is ERCOT's ability to keep electricity flowing during extreme weather and demand spikes.

✅ Weatherize power plants and gas supply to prevent freeze-offs

✅ Merge PUC and Railroad Commission for end-to-end oversight

✅ Pay for firm capacity, demand response, and grid storage

The blackouts in February shined a light on the fragile infrastructure that supports modern life. More and more, every task in life requires electricity, and no one is in charge of making sure Texans have enough.

Of the 4.5 million Texans who lost power last winter, many of them also lost heat and at least 100 froze to death. Wi-Fi stopped working and phones soon lost their charges, making it harder for people to get help, find someplace warm to go or to check in on loved ones.

In some places pipes froze, and people couldn’t get water to drink or flush after power and water failures disrupted systems, and low water pressure left some health care facilities unable to properly care for patients. Many folks looking for gasoline were out of luck; pumps run on electricity.

But rather than scouting for ways to use less electricity, we keep plugging in more things. Automatic faucets and toilets, security systems and locks. Now we want to plug in our cars, so that if the grid goes down, we have to hope our Teslas have enough juice to get to Oklahoma.

The February freeze illuminated two problems with electricity sufficiency. First, power plants had mechanical failures, triggering outages for days. But also, Texans demanded a lot more electricity than usual as heaters kicked on because of the cold. The ugly truth is, the Texas power grid probably couldn’t have generated enough electricity to meet demand, even if the plants kept whirring. And that is what should chill us now.

The stories of the people who died because the electricity went out during the freeze are difficult to read. A paletero and cotton-candy vendor well known in Old East Dallas, Leobardo Torres Sánchez, was found dead in his armchair, bundled in quilts beside two heaters that had no power.

Arnulfo Escalante Lopez, 41, and Jose Anguiano Torres, 28, died from carbon monoxide poisoning after using a gas-powered generator to heat their apartment in Garland.

Pramod Bhattarai, 23, a college student from Nepal, died from carbon monoxide after using a charcoal grill to heat his home in Houston, according to news reports. And Loan Le, 75; Olivia Nguyen, 11; Edison Nguyen, 8; and Colette Nguyen, 5, died in Sugar Land after losing control of a fire they started in the fireplace to keep warm.

A 65-year-old San Antonio man with esophageal cancer died after power outages cut off supply from his oxygen machine. And local Abilene media reported that a man died in a local hospital when a loss of water pressure prevented staff from treating him.

Gloria Jones of Hillsboro, 87, was living by herself, healthy and social. According to the Houston Chronicle, as the cold weather descended, she told her friends and family she was fine. But when her children checked on her after she didn’t answer her phone, they found her on the floor beside her bed. Hospital workers tried to warm her, but they soon pronounced her dead.

Officials said in July that 210 people died because of the freezing weather, including those who died in car crashes and other weather-related causes, but that figure will be updated. The Department of State Health Services said most of those deaths were due to hypothermia.

Policy recommendation: Weatherize power plants and fuel suppliers

Texas could have avoided those deaths if power plants had worked properly. It’s mechanically possible to generate electricity in freezing temperatures; the Swedes and Finns have electricity in winter. But preparing equipment for the winter costs money, and now that the Public Utility Commission set new requirements for plant owners to weatherize equipment, we expect better reliability.

The PUC officials certainly expect better performance. Chairman Peter Lake earlier this month promised: “We go into this winter knowing that because of all these efforts the lights will stay on.”

Yet, there’s no matching requirement to weatherize key fuel supplies for natural gas-fired power plants. While the PUC and the Electric Reliability Council of Texas were busy this year coming up with standards and enforcement processes, the Texas Railroad Commission, which regulates oil and gas production, was not.

The Railroad Commission is working to ensure that natural gas producers who supply power plants have filed the proper paperwork so that they do not lose electricity in a blackout, rendering them unable to provide vital fuel. But weatherization regulations will not happen for some months, not in time for this winter.

Policy recommendation: Combine the state’s Public Utility Commission and Railroad Commission into one energy agency

Electricity and natural gas regulators came to realize the importance of natural gas suppliers communicating their electricity needs with the PUC to avoid getting cut off when the fuel is needed the most. Not last year; they realized this ten years ago, when the same thing happened and triggered a day of rolling outages.

Why did it take a decade for the companies regulated by one agency to get their paperwork in order with a separate agency? It makes more sense for a single agency to regulate the entire energy process, from wellhead to lightbulb. (Or well-to-wheel, as cars increasingly need electricity, too.)

Over the years, various legislative sunset commissions have recommended combining the agencies, with different governance suggestions, none of which passed the Legislature. We urge lawmakers in 2023 to take up the idea in earnest, hammer out the governance details, and make sure the resulting agency has the heft and resources to regulate energy in a way that keeps the industry healthy and holds it accountable.

Policy recommendation: Incentivize building more power plants

Regardless, if energy companies in February had operated their equipment exactly right, the lights likely would have still gone out. Perhaps for a shorter period, perhaps in a more shared way, allowing people to keep homes above freezing and phones charged between rolling blackouts. But Texas was heading for trouble.

Before the winter freeze, ERCOT anticipated Texas would have 74,000 MW of power generation capacity for the winter of 2021. That’s less than the usual summer fleet as some plants go down for maintenance in the winter, but sufficient to meet their wildest predictions of winter electricity demand. The power generation on hand for the winter would have met the historic record winter demand, at 65,918 MW. Even in ERCOT’s planning scenario with extreme generator failures, the grid had enough capacity.

But during the second week of February, as weather forecasts became more dire, grid operators began rapidly hiking their estimates of electricity demand. On Valentine’s Day, ERCOT estimated demand would rise to 75,573 MW in the coming week.

Clearly that is more demand than all of Texas’ winter power generation fleet of 74,000 MW could handle. Demand never reached that level because ERCOT turned off service to millions of customers when power plants failed.

This raises questions about whether the Texas grid has enough power plants to remain resilient as climate change brings more frequent bouts of extreme weather and blackout risks across the U.S. Or if we have enough power to grow, as more people and companies, more homes and businesses and manufacturing plants, move to Texas.

What a shame if the Texas Miracle, our robust and growing economy, died because we ran out of electricity.

This is no exaggeration. In November, ERCOT released its seasonal assessment of whether Texas will have enough electricity resources for the coming winter. If weather is normal, yes, Texas will be in good shape. But if extreme weather again pushes Texas to use an inordinate amount of electricity for heat, and if wind and solar output are low, there won’t be enough. In that scenario, even if power plants mostly continue to operate properly, we should brace for outages.

Further, there are few investors planning to build more power plants in Texas, other than solar and wind. Renewable plants have many good qualities, but reliability isn’t one of them. Some investors are building grid-scale batteries, a technology that promises to add reliability to the grid.

How come power plant developers aren’t building more generators, especially with flat electricity demand in many markets today?

Policy recommendation: Incentivize reliability

The Texas electrical grid, independent of the rest of the U.S., operates as a competitive market. No regulator plans a power plant; investors choose to build plants based on expectations of profit.

How it works is, power generators offer their electricity into the market at the price of their choosing. ERCOT accepts the lowest bids first, working up to higher bids as demand for power increases in the course of a day.

The idea is that Texans always get the lowest possible price, and if prices rise high, investors will build more power plants. Basic supply and demand. When the market was first set up, this worked pretty well, because the big, reliable baseload generators, the coal and nuclear industries, were the cheapest to operate and bid their power at prices that kept them online all the time. The more agile natural gas-fired plants ramped up and down to meet demand minute-by-minute, at higher prices.

Renewable energy disrupts the market in ways that are great, generating cheap, clean power that has forced some high-polluting coal plants to mothball. But the disruption also undermines reliability. Wind and solar plants are the cheapest and quickest power generation to build and they have the lowest operating cost, allowing them to bid very low prices into the power market. Wind tends to blow hardest in West Texas at night, so the abundance of wind turbines has pushed many of those old baseload plants out of the market.

That’s how markets work, and we’re not crying for coal plant operators. But ERCOT has to figure out how to operate the market differently to keep the lights on.

The PUC announced a slew of electricity market reforms last week to address this very problem, including new to market pricing and an emergency reliability service for ERCOT to contract for more back-up power. These changes cost money, but failing to make any changes could cost more lives.

Texas became the No. 1 wind state thanks in part to a smart renewable energy credit system that created financial incentives to erect wind turbines. But those credits mean that sometimes at night, wind generators bid electricity into the market at negative prices, because they will make money off of the renewable energy credits.

It’s time for the Legislature to review the credit program to determine if it’s still needed, of a similar program could be added to incentivize reliability. The market-based program worked better than anyone could have expected to produce clean energy. Why not use this approach to create what we need now: clean and reliable energy?

We were pleased that PUC commissioners discussed last week an idea that would create a market for reliable power generation capacity by adding requirements that power market participants meet a standard of reliability guarantees.

A market for reliable electricity capacity will cost more, and we hope regulators keep the requirements as modest as possible. Renewable requirements were modest, but turned out to be powerful in a competitive market.

We expect a reliability program to be flexible enough that entrepreneurs can participate with new technology, such as batteries or geothermal energy or something that hasn’t been invented yet, rather than just old reliable fossil fuels.

We also welcome the PUC’s review of pricing rules for the market. Commissioners intend for a new pricing formula to offer early price signals of pending scarcity, to allow time for industrial customers to reduce consumption or suppliers to ramp up. This is intriguing, but we hope the final implementation keeps market interventions at a minimum.

We witnessed in February a scenario in which extremely high prices on the power market did nothing to attract more electricity into the market. Power plants broke down; there was no way to generate more power, no matter how high market prices went. So the PUC was silly to intervene in the market and keep prices artificially high; the outcome was billions of dollars of debt and a proposed electricity market bailout that electricity customers will end up paying.

Nor did this PUC pricing intervention prompt power generation developers to say: “I tell you what, let’s build more plants in Texas.” In the next few years, ERCOT can expect more solar power generation to come online, but little else.

Natural gas plant operators have told the PUC that market price signals show that a new plant wouldn’t be profitable. Natural gas plants are cheaper and faster to build than nuclear reactors; if those developers cannot figure out how to make money, then the prospect of a new nuclear reactor in Texas is a fantasy, even setting aside the environmental and political opposition.

Policy proposal: Use less energy

Politicians like to imagine that technology will solve our energy problem. But the quickest, cheapest, cleanest solution to all of our energy problems is to use less. Investing some federal infrastructure money to make homes more energy efficient would cut energy use, and could help homes retain heat in an emergency.

The PUC’s plan to offer more incentives for major power users to reduce demand in a grid emergency is a good idea. Bravo – next let’s take this benefit to the masses.

Upgrading building codes to require efficiency for office buildings and apartments can help, and might have prevented the frozen pipes in so many multifamily housing units that left people without water.

When North Texas power-line utility Oncor invested in smart grid technology in past decades, part of the promise was to help users reduce demand when electricity prices rise or in emergencies. A review and upgrade of the smart technology could allow more customers to benefit from discounts in exchange for turning things off when electricity supply is tight.

Problem is, we seem to be going in the opposite direction as consumers. Forget turning off the TV and unplugging the coffee machine as we leave the house each morning; now everything is always-on and always connected to Wi-Fi. Our appliances, electronics and the services that operate them can text us when anything interesting happens, like the laundry finishes or somebody opens the patio door or the first season of Murder She Wrote is available for streaming.

As Texans plug in electric vehicles, we will need even more power generation capacity. Researchers at the University of Texas at Austin estimated that if every Texan switched to an electric vehicle, demand for electricity would rise about 30%.

Texans will need to think realistically and rationally about where that electricity is going to come from. Before we march toward a utopian vision of an all-electric world, we need to make sure we have enough electricity.

Getting this right is a matter of life and death for each of one us and for Texas.

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El Salvador Geothermal Expansion boosts renewable energy with a 7 MW Berlin binary ORC plant, upgrades at Ahuachapan, and pipeline projects, strengthening clean power capacity, grid reliability, and sustainable growth in Central America.

Key Points

A national push adding binary-cycle capacity at Berlin and Ahuachapan, boosting geothermal supply and advancing sites.

✅ 7 MW Berlin binary ORC plant entering service.

✅ Ahuachapan upgrade adds 2 MW, total geothermal 204 MW.

✅ Next: Chinameca, San Miguel, San Vicente, World Bank backed.

El Salvador is set to expand its renewable energy capacity with the inauguration of the 7-MW Berlin binary geothermal power plant, slated to go online later this year. This new addition marks a significant milestone in the country’s geothermal energy development, highlighting its commitment to sustainable energy solutions. The plant, which has already been installed and is currently undergoing testing, is expected to boost the nation’s geothermal capacity, contributing to its growing renewable energy portfolio.

The Role of Geothermal Energy in El Salvador’s Energy Mix

Geothermal energy plays a pivotal role in El Salvador's energy landscape. With the combined output from the Ahuachapan and Berlin geothermal plants, geothermal energy now accounts for about 21% of the country's net electricity supply. This makes geothermal the second-largest source of energy generation in El Salvador, underscoring its importance as a reliable and sustainable energy resource alongside emerging options like advanced nuclear microreactor technologies in the broader low-carbon mix.

In addition to the Berlin plant, El Salvador has made significant improvements to its Ahuachapan geothermal power plant. Recent upgrades have increased its generation capacity by 2 MW, further enhancing the country’s geothermal energy output. Together, the Ahuachapan and Berlin plants bring the total installed geothermal capacity to 204 MW, positioning El Salvador as a regional leader in geothermal energy development.

The Berlin Binary Geothermal Plant: A Technological Milestone

The Berlin binary geothermal power plant is especially noteworthy for several reasons. It is the first geothermal power plant to be constructed in El Salvador since 2007, marking a significant step in the country's ongoing efforts to expand its renewable energy infrastructure while reinforcing attention to risk management in light of Hawaii geothermal safety concerns reported elsewhere. The plant utilizes a binary cycle geothermal system, which is known for its efficiency in extracting energy from lower temperature geothermal resources, making it an ideal solution for regions like Berlin, where geothermal resources are abundant but at lower temperatures.

The plant was built by Turboden, an Italian company specializing in organic Rankine cycle (ORC) technology. The binary cycle system operates by transferring heat from the geothermal fluid to a secondary fluid, which then drives a turbine to generate electricity. This system allows for the efficient use of geothermal resources that might otherwise be too low in temperature for traditional geothermal plants, enabling pairing with thermal storage demonstration solutions to optimize output.

Future Geothermal Developments in El Salvador

El Salvador is not stopping with the Berlin geothermal plant. The country is actively working on other geothermal projects, including those in Chinameca, San Miguel, and San Vicente. These developments are expected to add 50 MW of additional capacity in their first phase, reflecting a broader shift as countries pursue hydrogen-ready power plants to reduce emissions, with a second phase, supported by the World Bank, planned to add another 100 MW.

The Chinameca, San Miguel, and San Vicente projects represent the next wave of geothermal development in El Salvador. When completed, these plants will significantly increase the country’s geothermal capacity, further diversifying its energy mix and reducing reliance on fossil fuels, and will require ongoing grid upgrades, a task complicated elsewhere by Germany grid expansion challenges highlighted in Europe.

International Support and Collaboration

El Salvador’s geothermal development efforts are supported by various international partners, including the World Bank, which has been instrumental in financing the expansion of geothermal projects, as utilities such as SaskPower geothermal plans in Canada explore comparable pathways. This collaboration highlights the global recognition of El Salvador’s potential in geothermal energy and its efforts to position itself as a hub for geothermal energy development in Central America.

Additionally, the country’s expertise in geothermal energy, especially in binary cycle technology, has attracted international attention. El Salvador’s progress in the geothermal sector could serve as a model for other countries in the region that are looking to harness their geothermal resources to reduce energy costs and promote sustainable energy development.

The upcoming launch of the Berlin binary geothermal power plant is a testament to El Salvador’s commitment to sustainable energy. As the country continues to expand its geothermal capacity, it is positioning itself as a leader in renewable energy in the region. The binary cycle technology employed at the Berlin plant not only enhances energy efficiency but also demonstrates El Salvador’s ability to adapt and innovate within the renewable energy sector.

With the continued development of projects in Chinameca, San Miguel, and San Vicente, and ongoing international collaboration, El Salvador’s geothermal energy sector is set to play a crucial role in the country’s energy future. As global demand for clean energy grows, exemplified by U.S. solar capacity additions this year, El Salvador’s investments in geothermal energy are helping to build a more sustainable, resilient, and energy-independent future.

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France Nuclear Power Outages threaten the grid as EDF reactors undergo stress corrosion inspections, maintenance delays, and staff shortages, driving electricity imports, peak-demand curtailment plans, and potential rolling blackouts during a cold snap across Europe.

Key Points

EDF maintenance and stress corrosion cut reactor output, forcing imports and blackouts as cold weather lifts demand.

✅ EDF inspects stress corrosion cracks in reactor piping

✅ Maintenance backlogs and skilled labor shortages slow repairs

✅ Government plans demand cuts, imports, and rolling blackouts

France is bracing for possible power outages in the coming days as falling temperatures push up demand while state-controlled nuclear group EDF struggles to bring more production on line.

WHY CAN'T FRANCE MEET DEMAND?
France is one of the most nuclear-powered countries in the world, with a significant role of nuclear power in its energy mix, typically producing over 70% of its electricity with its fleet of 56 reactors and providing about 15% of Europe's total power through exports.

However, EDF (EDF.PA) has had to take a record number of its ageing reactors offline for maintenance this year just as Europe is struggling to cope with cuts in Russian natural gas supplies used for generating electricity, with electricity prices surging across the continent this year.

That has left France's nuclear output at a 30-year low, and mirrors how Europe is losing nuclear power more broadly, forcing France to import electricity and prepare plans for possible blackouts as a cold snap fuels demand for heating.

WHAT ARE EDF'S MAINTENANCE PROBLEMS?
While EDF normally has a number of its reactors offline for maintenance, it has had far more than usual this year due to what is known as stress corrosion on pipes in some reactors, and during heatwaves river temperature limits have constrained output further.

At the request of France's nuclear safety watchdog, EDF is in the process of inspecting and making repairs across its fleet since detecting cracks in the welding connecting pipes in one reactor at the end of last year.

Years of under-investment in the nuclear sector mean that there is precious little spare capacity to meet demand while reactors are offline for maintenance, and environmental constraints such as limits on energy output during high river temperatures reduce flexibility.

France also lacks specialised welders and other workers in sufficient numbers to be able to make repairs fast enough to get reactors back online.

WHAT IS BEING DONE?
In the very short term, after a summer when power markets hit records as plants buckled in heat, there is little that can be done to get more reactors online faster, leaving the government to plan for voluntary cuts at peak demand periods and limited forced blackouts.

In the very short term, there is little that can be done to get more reactors online faster, leaving the government to plan for voluntary cuts at peak demand periods and limited forced blackouts.

Meanwhile, EDF and others in the French nuclear industry are on a recruitment drive for the next generation of welders, pipe-fitters and boiler makers, going so far as to set up a new school to train them.

President Emmanuel Macron wants a new push in nuclear energy, even as a nuclear power dispute with Germany persists, and has committed to building six new reactors at a cost his government estimates at nearly 52 billion euros ($55 billion).

As a first step, the government is in the process of buying out EDF's minority shareholders and fully nationalising the debt-laden group, which it says is necessary to make the long-term investments in new reactors.
 

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Europe's Nuclear Energy Policy shapes responses to the energy crisis, soaring gas prices, EU taxonomy rules, net-zero goals, renewables integration, baseload security, SMRs, and Russia-Ukraine geopolitics, exposing cultural, financial, and environmental divides.

Key Points

A policy guiding nuclear exits or expansion to balance energy security, net-zero goals, costs, and EU taxonomy.

✅ Divergent national stances: phase-outs vs. new builds

✅ Costs, delays, and waste challenge large reactors

✅ SMRs, renewables, and gas shape net-zero pathways

As the Fukushima disaster unfolded in Japan in 2011, then-German Chancellor Angela Merkel made a dramatic decision that delighted her country’s anti-nuclear movement: all reactors would be ditched.

What couldn’t have been predicted was that Europe would find itself mired in one of the worst energy crises in its history. A decade later, the continent’s biggest economy has shut down almost all its capacity already. The rest will be switched off at the end of 2022 — at the worst possible time.

Wholesale power prices are more than four times what they were at the start of the coronavirus pandemic. Governments are having to take emergency action to support domestic and industrial consumers faced with crippling bills, which could rise higher if the tension over Ukraine escalates. The crunch has not only exposed Europe’s supply vulnerabilities, but also the entrenched cultural and political divisions over the nuclear industry and a failure to forge a collective vision. 

Other regions meanwhile are cracking on, challenging the idea that nuclear power is in decline worldwide. China is moving fast on nuclear to try to clean up its air quality. Its suite of reactors is on track to surpass that of the U.S., the world’s largest, by as soon as the middle of this decade. Russia is moving forward with new stations at home and has more than 20 reactors confirmed or planned for export construction, according to the World Nuclear Association.

“I don’t think we’re ever going to see consensus across Europe with regards to the continued running of existing assets, let alone the construction of new ones,” said Peter Osbaldstone, research director for power and renewables at Wood Mackenzie Group Ltd. in the U.K. “It’s such a massive polarizer of opinions that national energy policy is required in strength over a sustained period to support new nuclear investment.” 

France, Europe’s most prolific nuclear energy producer, is promising an atomic renaissance as its output becomes less reliable. Britain plans to replace aging plants in the quest for cleaner, more reliable energy sources. The Netherlands wants to add more capacity, Poland also is seeking to join the nuclear club, and Finland is starting to produce electricity later this month from its first new plant in four decades. 

Belgium and Spain, meanwhile, are following Germany’s lead in abandoning nuclear, albeit on different timeframes. Austria rejected it in a referendum in 1978.

Nuclear power is seen by its proponents as vital to reaching net-zero targets worldwide. Once built, reactors supply low-carbon electricity all the time, unlike intermittent wind or solar.

Plants, though, take a decade or more to construct at best and the risk is high of running over time and over budget. Finland’s new Olkiluoto-3 unit is coming on line after a 12-year delay and billions of euros in financial overruns. 

Then there’s the waste, which stays hazardous for 100,000 years. For those reasons European Union members are still quarreling over whether nuclear even counts as sustainable.

Electorates are also split. Polling by YouGov Plc published in December found that Danes, Germans and Italians were far more nuclear-skeptic than the French, British or Spanish. 

“It comes down to politics,” said Vince Zabielski, partner at New York-based law firm Pillsbury Winthrop Shaw Pittman LLP, who was a nuclear engineer for 15 years. “Everything political ebbs and flows, but when the lights start going off people have a completely different perspective.”

What’s Behind Europe’s Skyrocketing Energy Prices

Indeed, there’s a risk of rolling blackouts this winter. Supply concerns plaguing Europe have sent gas and electricity prices to record levels and inflation has ballooned. There’s also mounting tension with Russia over a possible invasion of Ukraine, which could lead to disrupted supplies of gas. All this is strengthening the argument that Europe needs to reduce its dependence on international sources of gas.

Europe will need to invest 500 billion euros ($568 billion) in nuclear over the next 30 years to meet growing demand for electricity and achieve its carbon reduction targets, according to Thierry Breton, the EU’s internal market commissioner. His comments come after the bloc unveiled plans last month to allow certain natural gas and nuclear energy projects to be classified as sustainable investments. 

“Nuclear power is a very long-term investment and investors need some kind of guarantee that it will generate a payoff,” said Elina Brutschin at the International Institute for Applied Systems Analysis. In order to survive in liberalized economies like the EU, the technology needs policy support to help protect investors, she said.

That already looks like a tall order. The European Commission has been told by a key expert group that the labeling risks raising greenhouse gas emissions and undermining the bloc’s reputation as a bastion for environmentally friendly finance.

Austria has threatened to sue the European Commission over attempts to label atomic energy as green. The nation previously attempted a legal challenge, when the U.K. was still an EU member, to stop the construction of Electricite de France SA’s Hinkley Point C plant, in the west of England. It has also commenced litigation against new Russia-backed projects in neighboring Hungary.

Germany, which has missed its carbon emissions targets for the past two years, has been criticized by some environmentalists and climate scientists for shutting down a supply of clean power at the worst time, despite arguments for a nuclear option for climate policy. Its final three reactors will be halted this year. Yet that was never going to be reversed with the Greens part of the new coalition government. 

The contribution of renewables in Germany has almost tripled since the year before Fukushima, and was 42% of supply last year. That’s a drop from 46% from the year before and means the country’s new government will have to install some 3 gigawatts of renewables — equivalent to the generating capacity of three nuclear reactors — every year this decade to hit the country's 80% goal.

“Other countries don’t have this strong political background that goes back to three decades of anti-nuclear protests,” said Manuel Koehler, managing director of Aurora Energy Research Ltd., a company analyzing power markets and founded by Oxford University academics. 

At the heart of the issue is that countries with a history of nuclear weapons will be more likely to use the fuel for power generation. They will also have built an industry and jobs in civil engineering around that.

Germany’s Greens grew out of anti-nuclear protest movements against the stationing of U.S. nuclear missiles in West Germany. The 1986 Chernobyl meltdown, which sent plumes of radioactive fallout wafting over parts of western Europe, helped galvanize the broader population. Nuclear phase-out plans were originally laid out in 2002, but were put on hold by the country's conservative governments. The 2011 Fukushima meltdowns reinvigorated public debate, ultimately prompting Merkel to implement them.

It’s not easy to undo that commitment, said Mark Hibbs, a Bonn, Germany-based nuclear analyst at Carnegie Endowment for International Peace, or to envision any resurgence of nuclear in Germany soon: “These are strategic decisions, that have been taken long in advance.”

In France, President Emmanuel Macron is about to embark on a renewed embrace of nuclear power, even as a Franco-German nuclear dispute complicates the debate. The nation produces about two-thirds of its power from reactors and is the biggest exporter of electricity in Europe. Notably, that includes anti-nuclear Germany and Austria.

EDF, the world’s biggest nuclear plant operator, is urging the French government to support construction of six new large-scale reactors at an estimated cost of about 50 billion euros. The first of them would start generating in 2035.

But even France has faced setbacks. Development of new projects has been put on hold after years of technical issues at the Flamanville-3 project in Normandy. The plant is now scheduled to be completed next year. 

In the U.K., Business Secretary Kwasi Kwarteng said that the global gas price crisis underscores the need for more home-generated clean power. By 2024, five of Britain’s eight plants will be shuttered because they are too old. Hinkley Point C is due to be finished in 2026 and the government will make a final decision on another station before an election due in 2024. 

One solution is to build small modular reactors, or SMRs, which are quicker to construct and cheaper. The U.S. is at the forefront of efforts to design smaller nuclear systems with plans also underway in the U.K. and France. Yet they too have faced delays. SMR designs have existed for decades though face the same challenging economic metrics and safety and security regulations of big plants.

The trouble, as ever, is time. “Any investment decisions you make now aren’t going to come to fruition until the 2030s,” said Osbaldstone, the research director at Wood Mackenzie. “Nuclear isn’t an answer to the current energy crisis.”

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