EU emissions down 2.6 percent as recession continues

By Reuters


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Last year, some 1,888 million tonnes Mt of greenhouse gases were emitted by the 27 countries that participate in the European UnionÂ’s Emissions Trading Scheme EU ETS, plus Norway. This decrease in emissions, equivalent to 2.6 percent on the comparable 2010 figure of 1,939 Mt, reflects a deteriorating economic outlook towards the end of 2011 and mild weather, according to Thomson Reuters Point Carbon, the leading provider of market intelligence, news, analysis, forecasting and advisory services for the energy and environmental markets.

Moreover, emissions last year came in 114 million tons below the 2011 EU Emissions Trading System (EU ETS) cap, meaning the scheme was oversupplied for the third year in a row and the sixth time in seven years and indicating that recovery has still not returned European economies to their pre-crash levels.

The analysis is based on the verified emissions data published today by the European Commission via its Community Independent Transaction Log (CITL) for 9,977 installations accounting for 90 percent of 2010 emissions.

According to Thomson Reuters Point Carbon, the data in 2011 saw the tide turn in terms of the emissions generated by the economies of Europe, as early positive developments slowed and turned to declining output and a related decline in emissions towards the end of the year.

The largest relative changes were seen in the power and heat sector. This sector saw emissions decreasing by 41 million tons to 1,141 million tons as “a mild winter and increased renewable generation, especially from wind and solar power, outweighed the impact on emissions from the shutdown of nuclear power plants in Germany”, said Yan Qin, Senior Modeling Analyst for Thomson Reuters Point Carbon.

Qin added that there is still some uncertainty surrounding the heat sector as France has submitted only 25 percent of its emissions so far. France has a very large proportion of electric heating facilities so its emissions are affected considerably by weather patterns.

In the industrial sectors, emissions were down to 746 million tons, a decrease of 12 million tons year-on-year, “due to declining production levels towards the end of the year and assumed modest intensity improvements”, explained Bjørn Inge Vik, Senior Carbon Analyst for Thomson Reuters Point Carbon.

According to Marcus Ferdinand, Senior Market Analyst, Thomson Reuters Point Carbon, “the outcome of the 2011 emissions data is below market expectations and will have an additional bearish impact on the current low carbon prices. However, the lower than expected verified emission numbers could increase support for the set-aside of allowances in phase three of the EU Emissions Trading System (EU ETS)”.

Ferdinand adds that “we started the 2011 with expectations for steady growth and recovery for most sectors after the financial crisis and, indeed, the first half of the year looked promising with positive economic indicators and industrial production levels growing.

However, concerns over Greek and southern European debt escalated during the latter half of the year and worries over slowing growth in the Euro zone and the possibility of another recession materialized in slowing production levels for important industry sectors, reflected in the drop in emissions”.

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Tesla reduces Solar + home battery pricing following California blackouts

Tesla Solar and Powerwall Discount offers a ~10% installation price cut amid PG&E blackouts, helping California homeowners with solar panels, battery storage, and backup power, while supporting renewable energy and resilient Supercharger infrastructure.

 

Key Points

A ~10% installation discount on Tesla solar panels and Powerwall batteries to boost backup power during PG&E blackouts.

✅ ~10% off installation for solar plus Powerwall

✅ Helps during PG&E shutoffs and wildfire mitigation

✅ Supports resilience, backup power, and EV charging

 

Pacific Gas & Electric’s (PG&E) shutoff of electric supply to residents in California’s Bay Area has caught the attention of Tesla and SpaceX CEO Elon Musk, who, while highlighting a huge future for Tesla Energy in coming years, has announced that he would be offering a price reduction of approximately 10% for a solar panel and Tesla Powerwall battery installation. The discount will be available to anyone interested in powering their homes with solar energy, not just the 800,000 affected homes in the Bay Area.

After initially tweeting a link to Tesla’s Solar page on Tesla.com, Musk added that he would be offering a “~10% price reduction” in installation price for solar panels and Powerwall batteries for anyone, as California explores EVs for grid stability during emergencies, including those who have lost power in response to PG&E’s power shutoff. The blackout induced by the California-based power company is a part of an effort to reduce the possibility of wildfires. PG&E lines were the cause of multiple fires in the past, so the company is taking every necessary precaution to reduce the probability of its lines causing another fire in the future.

Tesla Solar recently offered a subscription program that would allow homeowners to lease panels for a fraction of the cost. The service is available to both residential and commercial customers, and costs as little as $45 a month in some states, particularly appealing in California where EV sales top 20% recently. The option to lease solar panels carries no long-term contracts that would tie down customers to a lengthy commitment.

Wildfires have always been an issue in California. Currently, fires are ripping through Los Angeles county, presumably caused by the winds of the Autumn season. The effort to reduce the environmental impact of forest fires in the state has been increasingly more prevalent over the years. But 2019 is a different story, underscoring that California may need a much bigger grid to support electrification, considering the previous year was noted as the deadliest wildfire season in California’s history. Over 8,500 fires destroyed over 1.89 million acres of land burned due to fires, causing the California Department of Forestry and Fire Protection to spend $432 million through the end of August 2018, according to the Associated Press.

In reaction to the news of the power shutoffs, Tesla added words of advice to vehicle affected owners on its app. The company posted a message encouraging drivers to keep their vehicles charged to 100% and highlighted that EVs can power homes for up to three days during outages, in order to prevent interruptions in driving. Those who are driving ICE vehicles are feeling the effects of the blackout too, as gas stations in California’s affected region have begun to shut down. Musk also tweeted that he would be installing Tesla Powerpacks at all Supercharger stations in the affected region, a move that can help ease strain on state power grids during outages, in order to allow owners to charge their vehicles.

In addition to the efforts that Tesla has already put into place, Musk plans to transition all Supercharger stations to solar power as soon as possible. But the sunny climate of California offers residents a great opportunity to move from gas and electric, even as some warn of a looming green car wreck in the state, to a more eco-friendly, sun-powered option. Tesla solar will completely eliminate power blackouts that are used to control wildfires in California.

 

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Trump's Vision of U.S. Energy Dominance Faces Real-World Constraints

U.S. Energy Dominance envisions deregulation, oil and gas growth, LNG exports, pipelines, and geopolitical leverage, while facing OPEC pricing power, infrastructure bottlenecks, climate policy pressures, and accelerating renewables in global markets.

 

Key Points

U.S. policy to grow fossil fuel output and exports via deregulation, bolstering energy security, geopolitical influence.

✅ Deregulation to expand drilling, pipelines, and export capacity

✅ Exposed to OPEC pricing, global shocks, and cost competitiveness

✅ Faces infrastructure, ESG finance, and renewables transition risks

 

Former President Donald Trump has consistently advocated for “energy dominance” as a cornerstone of his energy policy. In his vision, the United States would leverage its abundant natural resources to achieve energy self-sufficiency, flood global markets with cheap energy, and undercut competitors like Russia and OPEC nations. However, while the rhetoric resonates with many Americans, particularly those in energy-producing states, the pursuit of energy dominance faces significant real-world challenges that could limit its feasibility and impact.

The Energy Dominance Vision

Trump’s energy dominance strategy revolves around deregulation, increased domestic production of oil and gas, and the rollback of climate-oriented restrictions. During his presidency, he emphasized opening federal lands to drilling, accelerating the approval of pipelines, and, through an executive order, boosting uranium and nuclear energy initiatives, as well as withdrawing from international agreements like the Paris Climate Accord. The goal was not only to meet domestic energy demands but also to establish the U.S. as a major exporter of fossil fuels, thereby reducing reliance on foreign energy sources.

This approach gained traction during Trump’s first term, with the U.S. achieving record levels of oil and natural gas production. Energy exports surged, making the U.S. a net energy exporter for the first time in decades. Yet, critics argue that this policy prioritizes short-term economic gains over long-term sustainability, while supporters believe it provides a roadmap for energy security and geopolitical leverage.

Market Realities

The energy market is complex, influenced by factors beyond the control of any single administration, with energy crisis impacts often cascading across sectors. While the U.S. has significant reserves of oil and gas, the global market sets prices. Even if the U.S. ramps up production, it cannot insulate itself entirely from price shocks caused by geopolitical instability, OPEC production cuts, or natural disasters.

For instance, despite record production in the late 2010s, American consumers faced volatile gasoline prices during an energy crisis driven by $5 gas and external factors like tensions in the Middle East and fluctuating global demand. Additionally, the cost of production in the U.S. is often higher than in countries with more easily accessible reserves, such as Saudi Arabia. This limits the competitive advantage of U.S. energy producers in global markets.

Infrastructure and Environmental Concerns

A major obstacle to achieving energy dominance is infrastructure. Expanding oil and gas production requires investments in pipelines, export terminals, and refineries. However, these projects often face delays due to regulatory hurdles, legal challenges, and public opposition. High-profile pipeline projects like Keystone XL and Dakota Access have become battlegrounds between industry proponents and environmental activists, and cross-border dynamics such as support for Canadian energy projects amid tariff threats further complicate permitting, highlighting the difficulty of reconciling energy expansion with environmental and community concerns.

Moreover, the transition to cleaner energy sources is accelerating globally, with many countries committing to net-zero emissions targets. This trend could reduce the demand for fossil fuels in the long run, potentially leaving U.S. producers with stranded assets if global markets shift more quickly than anticipated.

Geopolitical Implications

Trump’s energy dominance strategy also hinges on the belief that U.S. energy exports can weaken adversaries like Russia and Iran. While increased American exports of liquefied natural gas (LNG) to Europe have reduced the continent’s reliance on Russian gas, achieving total energy independence for allies is a monumental task. Europe’s energy infrastructure, designed for pipeline imports from Russia, cannot be overhauled overnight to accommodate LNG shipments.

Additionally, the influence of major producers like Saudi Arabia and the OPEC+ alliance remains significant, even as shifts in U.S. policy affect neighbors; in Canada, some viewed Biden as better for the energy sector than alternatives. These countries can adjust production levels to influence prices, sometimes undercutting U.S. efforts to expand its market share.

The Renewable Energy Challenge

The growing focus on renewable energy adds another layer of complexity. Solar, wind, and battery storage technologies are becoming increasingly cost-competitive with fossil fuels. Many U.S. states and private companies are investing heavily in clean energy to align with consumer preferences and global trends, amid arguments that stepping away from fossil fuels can bolster national security. This shift could dampen the domestic demand for oil and gas, challenging the long-term viability of Trump’s energy dominance agenda.

Moreover, international pressure to address climate change could limit the expansion of fossil fuel infrastructure. Financial institutions and investors are increasingly reluctant to fund projects perceived as environmentally harmful, further constraining growth in the sector.

While Trump’s call for U.S. energy dominance taps into a desire for economic growth and energy security, it faces numerous challenges. Global market dynamics, infrastructure bottlenecks, environmental concerns, and the transition to renewable energy all pose significant barriers to achieving the ambitious vision.

For the U.S. to navigate these challenges effectively, a balanced approach that incorporates both traditional energy sources and investments in clean energy is likely needed. Striking this balance will require careful policymaking that considers not just immediate economic gains but also long-term sustainability and global competitiveness.

 

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Canada's looming power problem is massive but not insurmountable: report

Canada Net-Zero Electricity Buildout will double or triple power capacity, scaling clean energy, renewables, nuclear, hydro, and grid transmission, with faster permitting, Indigenous consultation, and trillions in investment to meet 2035 non-emitting regulations.

 

Key Points

A national plan to rapidly expand clean, non-emitting power and grid capacity to enable a net-zero economy by 2050.

✅ Double to triple generation; all sources non-emitting by 2035

✅ Accelerate permitting, transmission, and Indigenous partnerships

✅ Trillions in investment; cross-jurisdictional coordination

 

Canada must build more electricity generation in the next 25 years than it has over the last century in order to support a net-zero emissions economy by 2050, says a new report from the Public Policy Forum.

Reducing our reliance on fossil fuels and shifting to emissions-free electricity, as provinces such as Ontario pursue new wind and solar to ease a supply crunch, to propel our cars, heat our homes and run our factories will require doubling — possibly tripling — the amount of power we make now, the federal government estimates.

"Imagine every dam, turbine, nuclear plant and solar panel across Canada and then picture a couple more next to them," said the report, which will be published Wednesday.

It's going to cost a lot, and in Ontario, greening the grid could cost $400 billion according to one report. Most estimates are in the trillions.

It's also going to require the kind of cross-jurisdictional co-operation, with lessons from Europe's power crisis underscoring the stakes, Indigenous consultation and swift decision-making and construction that Canada just isn't very good at, the report said.

"We have a date with destiny," said Edward Greenspon, president of the Public Policy Forum. "We need to build, build, build. We're way behind where we need to be and we don't have a lot of a lot of time remaining."

Later this summer, Environment Minister Steven Guilbeault will publish new regulations to require that all power be generated from non-emitting sources by 2035 clean electricity goals, as proposed.

Greenspon said that means there are two major challenges ahead: massively expanding how much power we make and making all of it clean, even though some natural gas generation will be permitted under federal rules.

On average, it takes more than four years just to get a new electricity generating project approved by Ottawa, and more than three years for new transmission lines.

That's before a single shovel touches any dirt.

Building these facilities is another thing, and provinces such as Ontario face looming electricity shortfalls as projects drag on. The Site C dam in British Columbia won't come on line until 2025 and has been under construction since 2015. A new transmission line from northern Manitoba to the south took more than 11 years from the first proposal to operation.

"We need to move very quickly, and probably with a different approach ... no hurdles, no timeouts," Greenspon said.

There are significant unanswered questions about the new power mix, and the pace at which Canada moves away from fossil fuel power is one of the biggest political issues facing the country, with debates over whether scrapping coal-fired electricity is cost-effective still unresolved.

 

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Hydro One launches Ultra-Low Overnight Electricity Price Plan

Ultra-Low Overnight Price Plan delivers flexible electricity pricing from Hydro One and the Ontario Energy Board, with TOU, tiered options, off-peak EV charging savings, balanced billing, and an online calculator to optimize bills.

 

Key Points

An Ontario pricing option with ultra-low night rates, helping Hydro One customers save by shifting usage to off-peak.

✅ Four periods with ultra-low overnight rate for EV charging

✅ Compare TOU vs tiered with Hydro One's online calculator

✅ Balanced billing and due date choice support budget control

 

Hydro One has announced that customers have even more choice and flexibility when it comes to how they are billed for electricity with the company's launch of the Ontario Energy Board's new Ultra-Low Overnight Electricity Price Plan for customers. A new survey of Ontario customers, conducted by Innovative Research Group, shows that 74 per cent of Ontarians find having choice between electricity pricing plans useful.

"As their trusted energy advisor, we want our customers to know we have the insights and tools to help them make the right choice when it comes to their electricity plans," said Teri French, Executive Vice President, Safety, Operations and Customer Experience. "We know that choice and flexibility are important to our customers, and we are proud to now offer them a third option so they can select the plan that best fits their lifestyle."

The same survey revealed that fewer than half of Ontarians are familiar with either tiered or the new ultra-low overnight price plans. To better support its customers Hydro One is providing an online calculator to help them choose which pricing plan best suits their lifestyle. The company also offers additional flexibility and assistance in managing household budgets by providing customers with the ability to choose their billing due date and flatten usage spikes from temperature fluctuations through balanced billing.

During the pandemic, Ontario introduced electricity relief to support families, small businesses and farms, complementing these customer options.

"By offering families and small businesses more choice, we are putting them back in control of their energy bills," said Todd Smith, Minister of Energy. "Starting today Hydro One customers have a new option - the Ultra-Low Electricity Price Plan - which could help them save money each year, while making our province's grid more efficient."

Electricity price plan options

  • New Ultra-Low Overnight price plan (ULO): Designed for customers who use more electricity at night, such as those who charge their electric vehicle, this new price plan can help customers keep costs down and take control of their electricity bill by shifting usage to the ultra-low overnight price period and related off-peak electricity rates when province-wide electricity demand is lower.
  • This plan has four price periods that are the same in the summer as they are in the winter and includes an ultra-low overnight rate.
  • Time-of-Use price plan (TOU): TOU provides customers with more control over their electricity bill by adjusting their usage habits with time-of-use rates used in other jurisdictions as well.
  • In this plan, electricity prices change throughout each weekday, when demand is on-peak, and peak hydro rates can affect overall costs.
  • Tiered price plan (RPP): Tiered pricing provides customers with the flexibility to use electricity at any time of day at the same low price up until the threshold is exceeded during the month, after that usage is charged at a higher price.
  • For residential customers, the winter period (November 1 – April 30) threshold is 1,000 kWh per month and the summer period (May 1 – October 31) threshold is 600 kWh per month. 
  • For small business customers, the threshold is 750 kWh throughout the year, while broader stable electricity pricing supports industrial and commercial companies.

 

 

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Canada in top 10 for hydropower jobs, but doesn't rank on other renewables

Canada Renewable Energy Jobs rank top 10 in hydropower, says IRENA, but trail in solar PV, wind power, and liquid biofuels; clean tech growth, EV manufacturing, and Canada Infrastructure Bank funding signal broader carbon-neutral opportunities.

 

Key Points

Canada counts 61,130 clean energy roles, top 10 in hydropower, with potential in solar, wind, biofuels, and EV manufacturing.

✅ 61,130 clean energy jobs in Canada per IRENA

✅ Top 10 share in hydropower employment

✅ Growth expected in solar, wind, biofuels, and EVs

 

Canada has made the top 10 list of countries for the number of jobs in hydropower, but didn’t rank in three other key renewable energy technologies, according to new international figures.

Although Canada has only two per cent of the global workforce, it had one of the 10 largest slices of the world’s jobs in hydropower in 2019, says the Abu Dhabi-based International Renewable Energy Agency (IRENA)

Canada didn’t make IRENA’s other top-10 employment lists, for solar photovoltaic (PV) technology, where solar power lags by international standards, liquid biofuels or wind power, released Sept. 30. Figures from the agency show the whole sector represents 61,130 jobs across Canada, or 0.5 per cent of the world’s 11.5 million jobs in renewables.

The numbers show Canada needs to move faster to minimize the climate crisis, including by joining trade blocs that put tariffs on high-carbon goods, argued the Victoria-based BC Sustainable Energy Association after reviewing IRENA’s report. The Canadian Renewable Energy Association also said it showed the country has untapped job creation potential, even as growth projections were scaled back after Ontario scrapped a clean energy program.

But other clean tech advocates say there’s more to the story. When tallying clean energy jobs, it's worth a broader look, Clean Energy Canada argued, pointing to the recent Ford-Unifor deal that includes a $1.8-billion commitment to produce electric vehicles in Oakville, Ont.

Natural Resources Minister Seamus O'Regan’s office also pointed out the renewables employment figures from IRENA are proportional to global population. “While Canada's share of the global clean energy job market is in line with our population size, we produce almost 2.7 per cent of the world’s total primary renewable energy supply. As only 0.5 per cent of the global population, we punch above our weight,” said O'Regan's press secretary, Ian Cameron.

Canada joined IRENA in January 2019 and the country has been described by the association as an “important market” for renewables over the long term.

On Thursday, Prime Minister Justin Trudeau announced a new $10-billion “Growth Plan” to be run by the Canada Infrastructure Bank that would include “$2.5 billion for clean power to support renewable generation and storage and to transmit clean electricity between provinces, territories, and regions, including to northern and Indigenous communities.” The infrastructure bank's plan is expected to create 60,000 jobs, the government said, and in Alberta an Alberta renewables surge could power 4,500 jobs as projects scale up.

World ‘building the renewable energy revolution now’

A powerful renewables sector is not just about job creation. It is also imperative if we are to meet global climate objectives, according to the Intergovernmental Panel on Climate Change. Renewable energy sources have to make up at least a 63 per cent share of the global electricity market by mid-century to battle the more extreme effects of climate change, it said.

“The IRENA report shows that people all over of the world are building the renewable energy revolution now,” said Tom Hackney, policy adviser for the BC Sustainable Energy Association.

“Many people in Canada are doing so, too. But we need to move faster to minimize climate change. For example, at the level of trade policy, a great idea would be to develop low-carbon trading blocs that put tariffs on goods with high embodied carbon emissions.”

Canadian Renewable Energy Association president and CEO Robert Hornung said the IRENA jobs review highlights “significant job creation potential” in Canada. As governments explore how to stimulate economic recovery from the impact of the COVID-19 pandemic, said Hornung, it's important to “capitalize on Canada's untapped renewable energy resources.”

In Canada, 82 per cent of the electricity grid is already non-emitting, noted Sarah Petrevan, policy director for Clean Energy Canada.

With the federal government committing to a 90 per cent non-emitting grid by 2030, said Petrevan, more wind and solar deployment can be expected, even though solar demand has lagged in recent years, especially in the Prairies where renewables are needed to help with Canada’s coal-fired power plant phase out.

One example of renewables in the Prairies, where the provinces are poised to lead growth, is the Travers Solar project, which is expected to be constructed in Alberta through 2021, and is being touted as “Canada's largest solar farm.”

But renewables are only “one part of the broader clean energy sector,” said Petrevan. Clean Energy Canada has outlined how Canada could be electric and clean with the right choices, and has calculated clean tech supports around 300,000 jobs, projected to grow to half a million by 2030.

“We’re talking about a transition of our energy system in every sense — not just in the power we produce. So while the IRENA figures provide global context, they reflect only a portion of both our current reality and the opportunity for Canada,” she said.

The organization’s research has shown that manufacturing of electric vehicles would be one of the fastest-growing job creators over the next decade. Putting a punctuation mark on that is a recent $1.8-billion deal with Ford Motor Company of Canada to produce five models of electric vehicles in Oakville, Ont.

China ‘remains the clear leader’ in renewables jobs

With 4.3 million renewable energy jobs in 2019, or 38 per cent of all renewables jobs, China “remains the clear leader in renewable energy employment worldwide,” the IRENA report states. China has the world's largest population and the second-largest GDP.

The country is also by far the world’s largest emitter of carbon pollution, at 28 per cent of global greenhouse gas emissions, and has significant fossil fuel interests. Chinese President Xi Jinping called for a “green revolution” last month, and pledged to “achieve carbon neutrality before 2060.”

China holds the largest proportion of jobs in hydropower, with 29 per cent of all jobs, followed by India at 19 per cent, Brazil at 11 per cent and Pakistan at five per cent, said IRENA.

Canada, with 32,359 jobs in the industry, and Turkey and Colombia hold two per cent each of the world’s hydropower jobs, while Myanmar and Russia hold three per cent each and Vietnam has four per cent.

China also dominates the global solar PV workforce, with 59 per cent of all jobs, followed by Japan, the United States, India, Bangladesh, Vietnam, Malaysia, Brazil, Germany and the Philippines. There are 4,261 jobs in solar PV in Canada, IRENA calculated, and the country is set to hit a 5 GW solar milestone as capacity expands, out of a global workforce of 3.8 million jobs.

In wind power, China again leads, with 44 per cent of all jobs. Germany, the United States and India come after, with the United Kingdom, Denmark, Mexico, Spain, the Philippines and Brazil following suit. Canada has 6,527 jobs in wind power out of 1.17 million worldwide.

As for liquid biofuels, Brazil leads that industry, with 34 per cent of all jobs. Indonesia, the United States, Colombia, Thailand, Malaysia, China, Poland, Romania and the Philippines fill out the top 10. There are 17,691 jobs in Canada in liquid biofuels.

 

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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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