Livestock manure a lost source of energy

By Toronto Star


CSA Z462 Arc Flash Training - Electrical Safety Essentials

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$249
Coupon Price:
$199
Reserve Your Seat Today
There are nearly 100 million cows, pigs, sheep and chickens in Ontario that collectively drop more than 37 million tonnes of manure on the ground every year.

That's enough poop to produce as much electricity annually as a small coal-fired generating station, like two plants currently operating in northwestern Ontario.

As the Europeans have been proving for years, manure can be turned into electricity. Farmers across Europe use anaerobic digestion technologies that operate much like our own stomachs. Throw in a dash of micro-organisms and the systems, first developed back in the 1930s, break down dung to produce clean-burning methane gas and heat. The gas can be burned to produce power for the farm or for sale into the grid.

In Germany alone there are more than 3,700 of these systems in operation, producing about 800 megawatts – enough to power 400,000 homes, according to the Ontario Large Herd Operators Group. A recent study from the University of Texas at Austin found that manure could satisfy nearly 3 per cent of electricity demand in the U.S. Extrapolating for Canada, the figure is slightly higher.

"It holds incredible potential and the Europeans are demonstrating it," says Nils Semmler, founder of Peterborough-based Renewable Energy Technologies Inc., a supplier of on-farm digester systems. "There's tremendous demand out there for it, and it's a perfect replacement for coal."

In Ontario, however, the number of operational on-farm digestion systems can be counted on one hand, despite a two-year-old provincial program that pays a premium of 11 cents for every kilowatt-hour of poop power produced.

"It appears to be more of a bureaucratic rather than technology problem," Semmler says.

Others agree. "The red tape is just unbelievable," says Paul Klaesi, owner of a dairy farm about five hours northeast of Toronto that has about 300 cows. Klaesi, inspired by his Swiss roots, decided in 2003 to put a 50-kilowatt digester system. It's one of three operating in the province that together produce less than half a megawatt.

"When we started everybody said it wouldn't work. But we did it, and paid for it on our own," says Klaesi, adding that it took a lot of money, time and energy that most farmers simply can't spare.

For example, he's in the process of expanding the system but has been waiting about 18 months for Hydro One to connect it to the grid. It's not just the $150,000 he had to pay to have a 1.5 kilometre distribution line brought to his property, a cost that in Germany would have been picked up by the government.

"The problem is that you have to deal with so many people in different departments of Hydro One to get that connection," he says.

It baffles Klaesi that Queen's Park and its various agencies and Crown corporations don't appear eager to make it easier.

Proponents of the technology point that there is a reliable flow of manure, allowing farms to produce electricity when the province needs it, much like a coal or natural gas plant. This contrasts with wind and solar power, which are difficult to predict. And unlike wind, digester systems also produce heat that can be used directly on the farm to displace boiler oil or propane.

Digester systems also keep manure from decomposing in the field and releasing methane into the atmosphere. Methane is 21 times more potent a greenhouse gas than carbon dioxide. This means it's better to burn the methane, release CO2, and in the process displace coal-fired power generation.

Anaerobic digestion of the poop also neutralizes pathogens, such as E. coli, that can end up in rivers, lakes and drinking water.

"I think about Walkerton," says Martin Lensink, general manager of digester supplier PlanET Biogas Solutions in St. Catharines. "There was manure that had E. coli in it that went into the water system. We could have treated that."

Despite these advantages, electricity from manure still fetches the same price for electricity that comes from wind. Solar gets 42 cents per kilowatt-hour, nearly four times as much. Farmers want to put digester systems in, says Lensink, but 11 cents just doesn't justify the high upfront costs. They want the rate increased to between 13 cents and 19 cents, depending on the size of the system being proposed.

"For rural Ontario this is such a big deal. Farmers need another source of income, and from a sustainability perspective, turning the farm into a power plant makes sense," Lensink says.

The Ontario Power Authority, the agency in charge of the power purchase program, says it understands farmers' concerns. It will launch a program review later this year and hopes to address many of the issues holding projects back. It is also in the process of reworking rules for all small-scale renewable projects with an aim to speeding up the queue and removing red tape.

"Our intention is to resolve it by the end of the year," says agency spokesman Tim Taylor. "Price is something that will be dealt with... but there are no guarantees on where the price will go."

Taylor says farmers can already get an additional 3.52 cents per kilowatt-hour if they can demonstrate their systems can deliver electricity when demand on the grid is highest. But farmers say that averages out to only 11.7 cents over a 24-hour period and doesn't price in the advantages that farm-based digesters have over wind, solar and hydro-electric projects.

Sensing farmers' frustration, some companies are seeing a business opportunity by positioning themselves in the middle.

Toronto-based StormFisher Biogas has plans to build anaerobic digestion facilities up to 10 megawatts in size across Ontario, using manure mixed with a variety of other feedstock – everything from kitchen grease to plant waste from greenhouse operations.

Last month StormFisher formed a partnership with the Ontario Dairy Council that will see non-edible byproducts from milk and cheese production turned into electricity. Ryan Little, vice-president of business development at StormFisher, says the company's goal is to keep organic waste out of landfills, keep livestock manure under control, and generate renewable electricity for Ontario's grid.

"If you have to deal with the Ministry of Agriculture, Ministry of Environment, municipalities, Hydro One, the Ontario Power Authority, all of these groups and still milk your cows every day, you're going to run out of time," Little says.

Under the StormFisher model, farmers don't get the revenue from electricity sales, but they get back a valuable byproduct – essentially a fertilizer that doesn't have the odour, pathogens or weed seeds associated with using pure manure.

"We'll exchange their manure for an odourless more concentrated liquid that has the same nutrient value," Little says.

Using non-manure feedstock is how Klaesi will expand his 50-kilowatt farm system to 500 kilowatts this year. Last summer, he signed a 20-year supply deal with Woodbridge-based Organic Resource Management Inc., which has a fleet of vacuum trucks that collect greases and other organic wastes from restaurants, business and industry across Ontario.

Mixing manure with crop waste and used greases is driving growth in Germany. The German Renewable Energy Federation projects that by 2015 there will be 20,000 digesters operating in that country producing 4,000 megawatts of electricity. By 2020, it says that could more than double again.

Some might call those numbers an exaggeration of true potential. But Ontario herd operators, in a 2006 submission to the province's power authority, were unequivocal about their support for the technology.

"The German renewable energy experience from farm-based anaerobic digester technology is more than impressive," the group submitted. "It's mind boggling!"

Related News

Prepare for blackouts across the U.S. as summer takes hold

US Summer Grid Blackout Risk: NERC and FERC warn of strained reliability as drought, heat waves, and transmission constraints hit MISO, hydro, and renewables, elevating blackout exposure and highlighting demand response and storage solutions.

 

Key Points

A forecast of summer power shortfalls across the US grid, driven by heat, drought, transmission limits, and a changing resource mix.

✅ NERC and FERC warn of elevated blackout risk and reliability gaps.

✅ MISO region strained by drought, heat, and limited hydro.

✅ Mitigations: demand response, storage, and stronger transmission.

 

Just when it didn’t seem things couldn’t get worse — gasoline at $5 to $8 a gallon, supply shortages in everything from baby formula to new cars — comes the devastating news that many of us will endure electricity blackouts this summer, and that the U.S. has more blackouts than other developed nations according to one study.

The alarm was sounded by the nonprofit North American Electric Reliability Corp. and the Federal Energy Regulatory Commission, following a recent power grid report card highlighting vulnerabilities.

The North American electric grid is the largest machine on earth and the most complex, incorporating everything from the wonky pole you see at the roadside with a bird’s nest of wires to some of the most sophisticated engineering ever devised. It runs in real-time, even more so than the air traffic control system: All the airplanes in the sky don’t have to land at the same time, but electricity must be there at the flick of every switch.

Except it may not always be there this summer. Rod Kuckro, a respected energy journalist, says it depends on Mother Nature, with extreme weather impacts increasingly straining the grid, but the prognosis isn’t good.

Speaking on “White House Chronicle,” the weekly news and public affairs program on PBS that I host and produce, Kuckro said: “There is a confluence of factors that could affect energy supply across the majority of the (lower) 48 states. These are continued reduced hydroelectric production in the West, and the continued drought in the Southwest.”

The biggest threat to power supply, according to the NERC and the FERC, is in the vast central region, reaching from Manitoba in Canada, where grids are increasingly exposed to harsh weather in recent years, down to the Gulf of Mexico. It is served by the regional transmission organization, the Midcontinent Independent System Operator.

These operational entities are nonprofit companies that organize and distribute their regions’ bulk power for utilities. In California, it is the California Independent System Operator, working to keep the lights on as the state enters a new energy era; in the Mid-Atlantic, it is PJM; and in the Northeast, it is the New England System Independent Operator. They generate no power, but they control power flows and could initiate brownouts and blackouts.

With record storm activity and high temperatures predicted this summer, blackouts are likely to be deadly. The old, the young and the sick are all vulnerable. If the electric supply fails, with it goes everything from air conditioning to refrigeration to lights and even the ability to pump gas or access money from ATMs.

The United States, along with other modern nations, runs on electricity and when that falls short, it is catastrophic. It is chaos writ large, especially if the failure lasts more than a few hours.

On the same episode of “White House Chronicle,” Daniel Brooks, vice president of integrated grid and energy systems at the Electric Power Research Institute, also referred to a “confluence of factors” contributing to the impending electricity crisis. Brooks said, “We’re going through a significant change in terms of the energy mix and resources, and the way those resources behave under certain weather conditions.”

If power supply is stressed this summer, change in the generating mix will get a lot of political attention. At heart is the switch from fossil fuel generation to renewables. If there are power outages, a political storm will ensue. The Biden administration will be accused of speeding the switch to renewables, although the utilities don’t say that.

The weather is deteriorating, and, as experts note, the grid’s biggest challenge isn’t demand but climate change pressures that compound risks, and the grid is stretched in dealing with new realities as well as coping with old bugaboos, like the extreme difficulty in building transmission lines. Better transmission would relieve a lot of grid stress.

Peter Londa, president of Tantalus Systems, which helps its 260 utility customers digitize and cope with the new realities, explained some of the difficulties facing the utilities not only in the shifting sources of generation but also in the new shape of the electric demand. For example, he said, electric vehicles, particularly the much-awaited Ford F-150 Lightning pickup, could be an asset to homeowners and utilities, as California increasingly turns to batteries to stabilize its grid. During a blackout, their EVs could be used to power their homes for days. They could be a source of storage if thousands of owners signed up with their utilities in a storage program.

The fact is that utilities are facing three major shifts: in the generation to wind and solar, in customer demand, and especially in weather. Mother Nature is on a rampage and we all must adjust to that.
 

 

Related News

View more

BC’s Electric Highway

British Columbia Electric Highway connects urban hubs and remote communities with 1,400+ EV charging stations, fast chargers, renewable energy, and clean transportation infrastructure, easing range anxiety and supporting climate goals across the province.

 

Key Points

A province-wide EV charging network for low-carbon travel with fast chargers in urban, rural and remote areas.

✅ 1,400+ stations across urban, rural, and remote B.C.

✅ Fast-charging, renewable-powered sites cut range anxiety

✅ Supports climate goals and boosts local economies

 

British Columbia has taken a significant step toward sustainable transportation with the completion of its Electric Highway, a comprehensive network of electric vehicle (EV) charging stations strategically placed across the province. This ambitious project not only supports the growing number of EV owners as the province expands EV charging across communities but also plays a crucial role in the province’s efforts to combat climate change and promote clean energy.

The Electric Highway spans from the southern reaches of the province to its northern edges, connecting key urban centers and remote communities alike. With over 1,400 charging stations installed at various locations, the network is designed to accommodate the diverse needs of EV drivers, ensuring they can travel confidently without the fear of running out of charge, with B.C. Hydro expansion in southern B.C. further bolstering coverage.

One of the standout features of the Electric Highway is its accessibility. Charging stations are located not only in urban areas but also in rural and remote regions, allowing residents in those communities to embrace electric vehicles, supported by EV charger rebates available provincewide.

The completion of the Electric Highway comes at a time when EV adoption is on the rise. As more consumers recognize the benefits of electric vehicles—including lower operating costs, reduced greenhouse gas emissions, and decreased dependence on fossil fuels—alongside rebates for home and workplace charging that reduce barriers—demand for charging infrastructure has surged. The Electric Highway provides the essential support needed to facilitate this shift, enabling residents and visitors to travel long distances with ease.

Moreover, the Electric Highway aligns with British Columbia’s climate goals. The province has set ambitious targets to reduce greenhouse gas emissions and transition to a low-carbon economy. By promoting electric vehicles and investing in charging infrastructure, British Columbia aims to lower emissions from the transportation sector, which is one of the largest contributors to climate change, with related efforts including electric ferries that complement road decarbonization. The completion of this highway is a significant milestone in the province’s journey toward a greener future.

The project has also garnered attention for its innovative approach to energy sourcing. Many of the charging stations are powered by renewable energy, further reducing their carbon footprint. This commitment to sustainability not only enhances the environmental benefits of electric vehicles but also reinforces British Columbia’s reputation as a leader in clean energy initiatives, including the $900 million hydrogen project advancing alternative fuels.

In addition to its environmental advantages, the Electric Highway has the potential to boost the local economy. As EV travel becomes more commonplace, businesses along the route can capitalize on increased foot traffic from travelers seeking charging options. This economic uplift is especially important for small towns and rural areas, where tourism and local commerce can thrive with the right infrastructure in place.

Furthermore, the completion of the Electric Highway is expected to catalyze further innovation in the EV sector. As charging technology continues to evolve, the province is poised to be at the forefront of advancements that enhance the EV driving experience. Initiatives such as ultra-fast charging and smart charging solutions could soon become the norm, making electric travel even more convenient.

The provincial government is also focusing on public awareness campaigns to educate residents about the benefits of electric vehicles and how to use the new charging infrastructure. By fostering a greater understanding of EV technology and its advantages, the government hopes to inspire more people to make the switch from gasoline-powered vehicles to electric ones.

In conclusion, the completion of the Electric Highway marks a transformative moment for British Columbia and its commitment to sustainable transportation. By providing a reliable network of charging stations, the province is making electric vehicle travel a reality for everyone, promoting environmental responsibility while supporting local economies. As more British Columbians embrace electric mobility, the Electric Highway stands as a testament to the province’s dedication to creating a cleaner, greener future for generations to come. With this essential infrastructure in place, British Columbia is paving the way for a new era of transportation that prioritizes sustainability and accessibility.

 

Related News

View more

Medicine Hat Grant Winners to Upgrade Grid and Use AI for Energy Savings

Medicine Hat Smart Grid AI modernizes electricity distribution with automation, sensors, and demand response, enhancing energy efficiency and renewable integration while using predictive analytics and real-time data to reduce consumption and optimize grid operations.

 

Key Points

An initiative using smart grid tech and AI to optimize energy use, cut waste, and improve renewable integration.

✅ Predictive analytics forecast demand to balance load and prevent outages.

✅ Automation, sensors, and meters enable dynamic, resilient distribution.

✅ Integrates solar and wind with demand response to cut emissions.

 

The city of Medicine Hat, Alberta, is taking bold steps toward enhancing its energy infrastructure and reducing electricity consumption with the help of innovative technology. Recently, several grant winners have been selected to improve the city's electricity grid distribution and leverage artificial intelligence (AI) to adapt to electricity demands while optimizing energy use. These projects promise to not only streamline energy delivery but also contribute to more sustainable practices by reducing energy waste.

Advancing the Electricity Grid

Medicine Hat’s electricity grid is undergoing a significant transformation, thanks to a new set of initiatives funded by government grants that advance a smarter electricity infrastructure vision for the region. The city has long been known for its commitment to sustainable energy practices, and these new projects are part of that legacy. The winners of the grants aim to modernize the city’s electricity grid to make it more resilient, efficient, and adaptable to the changing demands of the future, aligning with macrogrid strategies adopted nationally.

At the core of these upgrades is the integration of smart grid technologies. A smart grid is a more advanced version of the traditional power grid, incorporating digital communications and real-time data to optimize the delivery and use of electricity. By connecting sensors, meters, and control systems across the grid, along with the integration of AI data centers where appropriate, the grid can detect and respond to changes in demand, adjust to faults or outages, and even integrate renewable energy sources more efficiently.

One of the key aspects of the grant-funded projects involves automating the grid. Automation allows for the dynamic adjustment of power distribution in response to changes in demand or supply, reducing the risk of blackouts or inefficiencies. For instance, if an area of the city experiences a surge in energy use, the grid can automatically reroute power from less-used areas or adjust the distribution to avoid overloading circuits. This kind of dynamic response is crucial for maintaining a stable and reliable electricity supply.

Moreover, the enhanced grid will be able to better incorporate renewable energy sources such as solar and wind power, reflecting British Columbia's clean-energy shift as well, which are increasingly important in Alberta’s energy mix. By utilizing a more flexible and responsive grid, Medicine Hat can make the most of renewable energy when it is available, reducing reliance on non-renewable sources.

Using AI to Reduce Energy Consumption

While improving the grid infrastructure is an essential first step, the real innovation comes in the form of using artificial intelligence (AI) to reduce energy consumption. Several of the grant winners are focused on developing AI-driven solutions that can predict energy demand patterns, optimize energy use in real-time, and encourage consumers to reduce unnecessary energy consumption.

AI can be used to analyze vast amounts of data from across the electricity grid, such as weather forecasts, historical energy usage, and real-time consumption data. This analysis can then be used to make predictions about future energy needs. For example, AI can predict when the demand for electricity will peak, allowing the grid operators to adjust supply ahead of time, ensuring a more efficient distribution of power. By predicting high-demand periods, AI can also assist in optimizing the use of renewable energy sources, ensuring that solar and wind power are utilized when they are most abundant.

In addition to grid management, AI can help consumers save energy by making smarter decisions about how and when to use electricity. For instance, AI-powered smart home devices can learn household routines and adjust heating, cooling, and appliance usage to reduce energy consumption without compromising comfort. By using data to optimize energy use, these technologies not only reduce costs for consumers but also decrease overall demand on the grid, leading to a more sustainable energy system.

The AI initiatives are also expected to assist businesses in reducing their carbon footprints. By using AI to monitor and optimize energy use, industrial and commercial enterprises can cut down on waste and reduce energy-related operational costs, while anticipating digital load growth signaled by an Alberta data centre agreement in the province. This has the potential to make Medicine Hat a more energy-efficient city, benefiting both residents and businesses alike.

A Sustainable Future

The integration of smart grid technology and AI-driven solutions is positioning Medicine Hat as a leader in sustainable energy practices. The city’s approach is focused not only on improving energy efficiency and reducing waste but also on making electricity consumption more manageable and adaptable in a rapidly changing world. These innovations are a crucial part of Medicine Hat's long-term strategy to reduce carbon emissions and meet climate goals while ensuring reliable and affordable energy for its residents.

In addition to the immediate benefits of these projects, the broader impact is likely to influence other municipalities across Canada, including insights from Toronto's electricity planning for rapid growth, and beyond. As the technology matures and proves successful, it could set a benchmark for other cities looking to modernize their energy grids and adopt sustainable, AI-driven solutions.

By investing in these forward-thinking technologies, Medicine Hat is not only future-proofing its energy infrastructure but also taking decisive steps toward a greener, more energy-efficient future. The collaboration between local government, technology providers, and the community marks a significant milestone in the city’s commitment to innovation and sustainability.

 

Related News

View more

TagEnergy Launches France’s Largest Battery Storage Platform

TagEnergy France Battery Storage Platform enables grid flexibility, stability, and resilience across France, storing wind and solar power, balancing supply and demand, reducing curtailment, and supporting carbon neutrality with fast-response, utility-scale capacity.

 

Key Points

A utility-scale BESS in France that stores renewable energy to stabilize the grid, boost flexibility, and cut emissions.

✅ Several hundred MW utility-scale capacity for peak shaving.

✅ Fast-response frequency regulation and voltage support.

✅ Reduces fossil peaker use and renewable curtailment.

 

In a significant leap toward enhancing France’s renewable energy infrastructure, TagEnergy has officially launched the country's largest battery storage platform. This cutting-edge project is set to revolutionize the way France manages its electricity grid by providing much-needed flexibility, stability, and resilience, particularly as the country ramps up its use of renewable energy sources and experiences negative prices in France during periods of oversupply,

The new battery storage platform, with a total capacity of several hundred megawatts, will play a crucial role in facilitating the country's transition to a greener, more sustainable energy future. It marks a significant step forward in addressing one of the most pressing challenges of renewable energy: how to store and dispatch power generated from intermittent sources such as wind and solar energy.

The Role of Battery Storage in Renewable Energy

Battery storage systems are key to unlocking the full potential of renewable energy sources. While wind and solar power are increasingly important in reducing reliance on fossil fuels, their intermittent nature—dependent on weather conditions and time of day—presents a challenge for grid operators. Without an efficient way to store surplus energy produced during peak generation periods, when negative electricity prices can emerge, the grid can become unstable, leading to waste or even blackouts.

This is where TagEnergy’s new platform comes into play. The state-of-the-art battery storage system will capture excess energy when production is high, and then release it back into the grid during periods of high demand, supporting peak demand strategies or when renewable generation dips. This capability will smooth out the fluctuations in renewable energy production and ensure a constant, reliable supply of power to consumers. By doing so, the platform will not only stabilize the grid but also increase the overall efficiency and utilization of renewable energy sources.

The Scale and Scope of the Platform

TagEnergy's battery storage platform is one of the largest in France, with a capacity capable of supporting a wide range of energy storage needs across the country. The platform’s size is designed to handle significant energy loads, making it a critical piece of infrastructure for grid stability. The project will primarily focus on large-scale energy storage, but it will also incorporate cutting-edge technologies to ensure fast response times and high efficiency in energy release.

France’s energy mix is undergoing a transformation as the country aims to achieve carbon neutrality by 2050. With ambitious plans to expand renewable energy production, particularly from offshore wind such as North Sea wind potential, solar, and hydropower, energy storage becomes essential for managing supply and demand. The new battery platform is poised to provide the necessary storage capabilities to keep up with this shift toward greener, more sustainable energy production.

Economic and Environmental Impact

The launch of the battery storage platform is a major boon for the French economy, creating jobs and attracting investment in the clean energy sector. The project is expected to generate hundreds of construction and operational jobs, providing a boost to local economies, particularly in the areas where the storage facilities are located.

From an environmental perspective, the platform’s ability to store and release renewable energy will greatly reduce the country’s reliance on fossil fuels, decreasing greenhouse gas emissions. The efficient storage of solar and wind energy will mean that more clean electricity can be used, with solar-plus-storage cheaper than conventional power in Germany underscoring cost competitiveness, even during times when these renewable sources are not producing at full capacity. This will help France meet its energy and climate goals, including reducing carbon emissions by 40% by 2030 and achieving carbon neutrality by 2050.

The development also aligns with broader European Union goals to increase the share of renewables in the energy mix. As EU nations work toward their collective climate commitments, energy storage projects like TagEnergy’s platform will be vital in helping the continent achieve a greener, more sustainable future.

A Step Toward Energy Independence

The new battery storage platform also has the potential to enhance France’s energy independence. By increasing the storage capacity for renewable energy, France will be able to rely less on imported fossil fuels and energy from neighboring countries, particularly during periods of high demand. Energy independence is a key strategic goal for many nations, as it reduces vulnerability to geopolitical tensions and fluctuating energy prices.

In addition to bolstering national security, the platform supports France’s energy transition by facilitating the deployment of more renewable energy. As storage capacity increases, grid operators will be able to integrate larger quantities of intermittent renewable energy without sacrificing reliability. This will enable France to meet its long-term energy goals while also supporting the EU’s ambitious climate targets.

Future of Battery Storage in France and Beyond

TagEnergy’s launch of France’s largest battery storage platform is a monumental achievement in the country’s energy transition. However, it is unlikely to be the last of its kind. The success of this project could pave the way for similar initiatives across France and the wider European market. As battery storage technology advances, and affordable solar batteries scale up, the capacity for storing and utilizing renewable energy will only grow, unlocking new possibilities for clean, affordable power.

Looking ahead, TagEnergy plans to expand its operations and further invest in renewable energy solutions. The French market, along with growing demand for storage solutions across Europe, presents significant opportunities for further development in the energy storage sector. With the continued integration of renewable energy into the grid, large-scale storage platforms will play an increasingly critical role in shaping a low-carbon future.

The launch of TagEnergy’s battery storage platform marks a pivotal moment for France’s renewable energy landscape. By providing critical storage capacity and ensuring the reliable delivery of clean electricity, the platform will help the country meet its ambitious climate and energy goals. As technology advances and the global transition to renewables accelerates, with over 30% of global electricity now coming from renewables, projects like this one will play an essential role in creating a sustainable, low-carbon energy future.

 

Related News

View more

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."

 

Related News

View more

Investigation reveals power company 'gamed' $100M from Ontario's electricity system

Goreway Power Station Overbilling exposed by Ontario Energy Board shows IESO oversight failures, GCG gaming, and $100M in inappropriate payments at the Brampton natural gas plant, penalized with fines and repayments impacting Ontario ratepayers.

 

Key Points

Goreway exploited IESO GCG flaws, causing about $100M in improper payouts and fines.

✅ OEB probe flagged $89M in ineligible start-up O&M charges

✅ IESO fined Goreway $10M; majority of excess costs recovered

✅ Audit found $200M in overbilling across nine generators

 

Hydro customers shelled out about $100 million in "inappropriate" payments to a natural gas plant that exploited flaws in how Ontario manages its private electricity generators, according to the Ontario Energy Board.

The company operating the Goreway Power Station in Brampton "gamed" the system for at least three years, according to an investigation by the provincial energy regulator. 

The investigation also delivers stinging criticism of the provincial government's Independent Electricity System Operator (IESO), slamming it for a lack of oversight. The probe by the Ontario Energy Board's market surveillance panel was completed nearly a year ago, but was only made public in November because it was buried on its website without a news release. CBC News is the first media outlet to report on the investigation.  

The excess payments to Goreway Power Station included:

  • $89 million in ineligible expenses billed as the costs of firing up power production. 
  • $5.6 million paid in three months from a flaw in how IESO calculated top-ups for the company committing to generate power a day in advance.   
  • Of $11.2 million paid to compensate the company for IESO ordering it to start or stop generating power, the investigation concluded "a substantial portion ... was the result of gaming."  

Most privately-owned natural gas-fired plants in the province do not generate electricity constantly, but start and stop production in response to fluctuating market demand, even as the energy minister has requested an halt to natural gas generation across the grid.  IESO pays them a premium for the costs of firing up production, through what it calls "generation cost guarantee" programs. 

But the investigation found IESO did little checking into the details of Goreway Power Station's billings. 

Goreway Power Station, located near Highway 407 in Brampton, Ont., is an 875 megawatt natural gas power plant. (Goreway)

"Conservatively, at least $89 million of Goreway's submissions were clearly ineligible by any reasonable measure," concludes the report.

"Goreway routinely submitted what were obviously inappropriate expenses to be reimbursed by the IESO, and ultimately borne by Ontario ratepayers,"

The investigation panel found an "extraordinary pattern" to these billings by Goreway Power Station, suggesting the IESO should have caught on sooner. The company submitted more than $100 million in start-up operating and maintenance costs during the three-year period investigated — more than all other gas-fired generators in the province combined. The company's costs per start-up were more than double the next most expensive power generator. 

"Goreway repeatedly exploited defects in the GCG (generation cost guarantee) program, and in doing so received at least $89 million in gamed GCG payments." 

Company fined $10M

The investigation covered a three-year period from when Goreway Power Station began generating power in June 2009. Investigators said that delays in releasing documents slowed down their probe, and they only obtained all the records they needed in April 2016.

The investigating panel does not have the power to impose penalties on companies it found broke the rules. 

The IESO fined Goreway Power Station $10 million. The company has also repaid IESO "a substantial portion" of the excess payments it received during its first six years of operating, but the exact figure is blacked out in the investigation report that was made public. 

The control room from which the provincial government's Independent Electricity System Operator manages Ontario's power supply. The agency is also responsible for managing contracts with private power producers.(IESO)

"Goreway does not agree with many of the draft report's findings and conclusions, including any suggestion that Goreway engaged in gaming or that it deliberately misled the IESO," writes lawyer George Vegh on behalf of the company in a response to the investigation report, dated Aug. 1.

"Goreway has implemented initiatives designed to ensure that compliance is a chief operating principle."     

The power station, located near Highway 407 in Brampton, is a joint venture between Toyota Tsusho Corp. and JERA Co. Inc. During the period under scrutiny, the project was run by Toyota Tsusho and Chubu Electric Power Inc., both headquartered in Japan. 

Investigators fear 'same situation' exists today

The report blames the provincially-controlled IESO for creating a system with defects that allowed the over-billing. 

"Goreway was able to — and repeatedly did — exploit these defects," says the investigation report. It goes on to explain the flaws "have created opportunities for exploitation, to the serious financial disadvantage of Ontario's ratepayers," even as greening Ontario's grid could entail massive costs.

The investigation suggests IESO hasn't made adequate changes to ensure it won't happen again, at a time when an analysis of a dirtier grid is raising concerns.   

"Goreway stands as a clear example of how generators are able to exploit the generation costs guarantee regime," says the report.

"The Panel is concerned that the same situation remains in place today." 

PC energy critic Todd Smith raised CBC News' report on the Goreway Power Station in Tuesday's question period. (Ontario Legislature)

After CBC News broke the story Tuesday, the provincial government was forced to respond in question period, amid a broader push for new gas plants to boost electricity production. 

"Here we have yet another gas plant scandal in Peel region that's costing electricity customers over $100 million," said PC energy critic Todd Smith. He slammed "the incompetence of a government that once again failed to look out for electricity customers." 

Economic Development Minister Brad Duguid said: "There is no excuse for any company in this province to ever game the system."

Nine companies overbilled $200M: audit 

The IESO found out about the overbilling "some time ago," said Duguid.

"They fully investigated, they've recovered most of the cost, they delivered a $10 million fine — the biggest fine on record."

The program that Goreway exploited became the subject of an audit that the IESO launched in 2011. The agency uncovered $200 million in ineligible billings by nine power producers, wrote the IESO vice president for policy Terry Young in an email to CBC News.

The IESO has recovered up to 85 per cent of those ineligible costs, Young noted.

Reforms to the design of the the program have removed the potential for overpayments and made it more efficient, he said, even as Ontario weighs embracing clean power more broadly. Last year, its total annual costs dropped to $23 million, down from $61 million in 2014.

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.