Demand strains grid

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

• Electricity Forum News

• Energy Policy News

Germany Hydrogen-Ready Power Plants Tender accelerates the energy transition by enabling clean energy generation, decarbonization, and green hydrogen integration through retrofit and new-build capacity, resilient infrastructure, flexible storage, and grid reliability provisions.

Key Points

Germany tender to build or convert plants for hydrogen, advancing decarbonization, energy security, and clean power.

✅ Hydrogen-ready retrofits and new-build generation capacity

✅ Supports decarbonization, grid reliability, and flexible storage

✅ Future-proof design for green hydrogen supply integration

Germany, a global leader in energy transition and environmental sustainability, has recently launched an ambitious call for tenders aimed at developing hydrogen-ready power plants. This initiative is a significant step in the country's strategy to transform its energy infrastructure and support the broader goal of a greener economy. The move underscores Germany’s commitment to reducing greenhouse gas emissions and advancing clean energy technologies.

The Need for Hydrogen-Ready Power Plants

Hydrogen, often hailed as a key player in the future of clean energy, offers a promising solution for decarbonizing various sectors, including power generation. Unlike fossil fuels, hydrogen produces zero carbon emissions when used in fuel cells or burned. This makes it an ideal candidate for replacing conventional energy sources that contribute to climate change.

Germany’s push for hydrogen-ready power plants reflects the country’s recognition of hydrogen’s potential in achieving its climate goals. Traditional power plants, which typically rely on coal, natural gas, or oil, emit substantial amounts of CO2. Transitioning these plants to utilize hydrogen can significantly reduce their carbon footprint and align with Germany's climate targets.

The Details of the Tender

The recent tender call is part of Germany's broader strategy to incorporate hydrogen into its energy mix, amid a nuclear option debate in climate policy. The tender seeks proposals for power plants that can either be converted to use hydrogen or be built with hydrogen capability from the outset. This approach allows for flexibility and innovation in how hydrogen technology is integrated into existing and new energy infrastructures.

One of the critical aspects of this initiative is the focus on “hydrogen readiness.” This means that power plants must be designed or retrofitted to operate with hydrogen either exclusively or in combination with other fuels. The goal is to ensure that these facilities can adapt to the growing availability of hydrogen and seamlessly transition from conventional fuels without significant additional modifications.

By setting such requirements, Germany aims to stimulate the development of technologies that can handle hydrogen’s unique properties and ensure that the infrastructure is future-proofed. This includes addressing challenges related to hydrogen storage, transportation, and combustion, and exploring concepts like storing electricity in natural gas pipes for system flexibility.

Strategic Implications for Germany

Germany’s call for hydrogen-ready power plants has several strategic implications. First and foremost, it aligns with the country’s broader energy strategy, which emphasizes the need for a transition from fossil fuels to cleaner alternatives, building on its decision to phase out coal and nuclear domestically. As part of its commitment to the Paris Agreement and its own climate action plans, Germany has set ambitious targets for reducing greenhouse gas emissions and increasing the share of renewable energy in its energy mix.

Hydrogen plays a crucial role in this strategy, particularly for sectors where direct electrification is challenging. For instance, heavy industry and certain industrial processes, such as green steel production, require high-temperature heat that is difficult to achieve with electricity alone. Hydrogen can fill this gap, providing a cleaner alternative to natural gas and coal.

Moreover, this initiative helps Germany bolster its leadership in green technology and innovation. By investing in hydrogen infrastructure, Germany positions itself as a pioneer in the global energy transition, potentially influencing international standards and practices. The development of hydrogen-ready power plants also opens up new economic opportunities, including job creation in engineering, construction, and technology sectors.

Challenges and Opportunities

While the push for hydrogen-ready power plants presents significant opportunities, it also comes with challenges. Hydrogen production, especially green hydrogen produced from renewable sources, remains relatively expensive compared to conventional fuels. Scaling up production and reducing costs are critical for making hydrogen a viable alternative for widespread use.

Furthermore, integrating hydrogen into existing power infrastructure, alongside electricity grid expansion, requires careful planning and investment. Issues such as retrofitting existing plants, ensuring safe handling of hydrogen, and developing efficient storage and transportation systems must be addressed.

Despite these challenges, the long-term benefits of hydrogen integration are substantial, and a net-zero roadmap indicates electricity costs could fall by a third. Hydrogen can enhance energy security, reduce reliance on imported fossil fuels, and support global climate goals. For Germany, this initiative is a step towards realizing its vision of a sustainable, low-carbon energy system.

Conclusion

Germany’s call for hydrogen-ready power plants is a forward-thinking move that reflects its commitment to sustainability and innovation. By encouraging the development of infrastructure capable of using hydrogen, Germany is taking a significant step towards a cleaner energy future. While challenges remain, the strategic focus on hydrogen underscores Germany’s leadership in the global transition to a low-carbon economy. As the world grapples with the urgent need to address climate change, Germany’s approach serves as a model for integrating emerging technologies into national energy strategies.

Related News

• Electricity Forum News

• Power Generation News

Canada Electric Vehicle Adoption is accelerating as EV range doubles, fast-charging networks expand along the Trans-Canada Highway, and drivers shift from internal combustion to clean transportation to cut emissions and support climate goals.

Key Points

Canada Electric Vehicle Adoption reflects rising EV uptake, longer range, and expanding fast-charging infrastructure.

✅ Average EV range in Canada has nearly doubled in six years.

✅ Fast chargers expanding along Trans-Canada and major corridors.

✅ Gasoline and diesel demand projected to fall sharply by 2040.

As green technology for vehicles continues to grow in popularity, with a recent EV event in Regina drawing strong interest, attendance at a seminar in southern Alberta Wednesday showed plenty people want to switch to electric.

FreeU, a series of informal education sessions about electric power and climate change, including electricity vs hydrogen considerations, helped participants to learn more about the world-changing technology.

Also included at the talks was a special electric vehicle meet up, where people interested in the technology could learn about it, first hand, from drivers who've already gone gasless despite EV shortages and wait times in many regions.

"That's kind of a warning or a caution or whatever you want to call it. You get addicted to these things and that's a good example."

James Byrne, a professor of geography at the University of Lethbridge says people are much more willing these days to look to alternatives for their driving needs, though cost remains a key barrier for many.

"The internal combustion engine is on its way out. It served us well, but electric vehicles are much cleaner, aligning with Canada's EV goals set by policymakers today."

According to the Canada Energy Regulator, the average range of electric vehicles in Canada have almost doubled in the past six years.

The agency also predicts a massive decrease in gasoline and diesel use (359 petajoules and 92 petajoules respectively) in Canada by 2040. In that same timeframe, electricity use, even though fossil-fuel share remains, is expected to increase by 118 petajoules.

The country is also developing its network of fast charging stations, so running out of juice will be less of a worry for prospective buyers, even as 2035 EV mandate debate continues among analysts.

"They have just about Interstate in the U.S. covered," Marshall said. "In Canada, they're building out the [Trans-Canada Highway] right now."

Related News

• Electricity Forum News

• EV Infrastructure News

Germany Coal Phase-Out 2038 advances the energy transition, curbing lignite emissions while scaling renewable energy, carbon pricing, and hydrogen storage amid a nuclear phase-out and regional just-transition funding for miners and communities.

Key Points

Germany's plan to end coal by 2038, fund regional transition, and scale renewable energy while exiting nuclear.

✅ Closes last coal plant by 2038; reviews may accelerate.

✅ 40b euros aid for lignite regions and workforce.

✅ Emphasizes renewables, hydrogen, carbon pricing reforms.

German lawmakers have finalized the country's long-awaited phase-out of coal as an energy source, backing a plan that environmental groups say isn't ambitious enough and free marketeers criticize as a waste of taxpayers' money.

Bills approved by both houses of parliament Friday envision shutting down the last coal-fired power plant by 2038 and spending some 40 billion euros ($45 billion) to help affected regions cope with the transition, which has been complicated by grid expansion woes in recent years.

The plan is part of Germany's `energy transition' - an effort to wean Europe's biggest economy off planet-warming fossil fuels and generate all of the country's considerable energy needs from renewable sources. Achieving that goal is made harder than in comparable countries such as France and Britain because of Germany's existing commitment to also phase out nuclear power entirely by the end of 2022.

"The days of coal are numbered in Germany," Environment Minister Svenja Schulze said. "Germany is the first industrialized country that leaves behind both nuclear energy and coal."

Greenpeace and other environmental groups have staged vocal protests against the plan, including by dropping a banner down the front of the Reichstag building Friday. They argue that the government's road map won't reduce Germany's greenhouse gas emissions fast enough to meet the targets set out in the Paris climate accord.

"Germany, the country that burns the greatest amount of lignite coal worldwide, will burden the next generation with 18 more years of carbon dioxide," Greenpeace Germany's executive director Martin Kaiser told The Associated Press.

Kaiser, who was part of a government-appointed expert commission, accused Chancellor Angela Merkel of making a "historic mistake," saying an end date for coal of 2030 would have sent a strong signal for European and global climate policy. Merkel has said she wants Europe to be the first continent to end its greenhouse gas emissions, by 2050, even as some in Berlin debate a possible nuclear U-turn to reach that goal faster.

Germany closed its last black coal mine in 2018, but it continues to import the fuel and extract its own reserves of lignite, a brownish coal that is abundant in the west and east of the country, and generates about a third of its electricity from coal in recent years. Officials warn that the loss of mining jobs could hurt those economically fragile regions, though efforts are already under way to turn the vast lignite mines into nature reserves and lakeside resorts.

Schulze, the environment minister, said there would be regular government reviews to examine whether the end date for coal can be brought forward, even as Berlin temporarily extended nuclear operations during the energy crisis. She noted that by the end of 2022, eight of the country's most polluting coal-fired plants will have already been closed.

Environmentalists have also criticized the large sums being offered to coal companies to shut down their plants, a complaint shared by libertarians such as Germany's opposition Free Democratic Party.

Katja Suding, a leading FDP lawmaker, said the government should have opted to expand existing emissions trading systems that put a price on carbon, thereby encouraging operators to shut down unprofitable coal plants.

Katja Suding, a leading FDP lawmaker, said the government should have opted to expand existing emissions trading systems, rather than banking on a nuclear option, that put a price on carbon, thereby encouraging operators to shut down unprofitable coal plants.

"You just have to make it so expensive that it's not profitable anymore to turn coal into electricity," she said.

This week, utility companies in Spain shut down seven of the country's 15 coal-fired power plants, saying they couldn't be operated at profit without government subsidies.

But the head of Germany's main miners' union, Michael Vassiliadis, welcomed the decision, calling it a "historic milestone." He urged the government to focus next on an expansion of renewable energy generation and the use of hydrogen as a clean alternative for storing and transporting energy in the future, amid arguments that nuclear won't fix the gas crunch in the near term.

Related News

• Electricity Forum News

• Power Generation News

Gaza Electricity Crisis drives severe power cuts in the Gaza Strip, as Hamas-PA tensions and Mahmoud Abbas's supply reductions under blockade spur fuel shortages, hospital strain, and soaring demand for batteries, LED lights, and generators.

Key Points

A prolonged Gaza power shortage from politics, blockade, and fuel cuts, disrupting daily life, hospitals, and water.

✅ Demand surges for batteries, LED lights, and generators

✅ PA cuts to Israel-supplied power deepen shortages

✅ Hospitals, water, and sanitation face critical strain

In Imad Shlayl’s electronics shop in Gaza City, the customers crowding his store are interested in only two products: LED lights and the batteries to power them.

In the already impoverished Gaza Strip, residents have learned to adapt to the fact that electricity is only available for between two and four hours a day.

But fresh anger was sparked when availability was cut further last month, at the request of the Palestinian president, Mahmoud Abbas, in an escalation of his conflict with Hamas, the Islamist group.

The shortages have defined how people live their lives, echoing Europe’s energy crisis in other regions: getting up in the middle of the night, if there is power, to run washing machines or turn on water pumps.

Only the wealthy few have frequent, long-lasting access to electricity, even as U.S. brownout risks highlight grid fragility, to power lights and fans and fridges, televisions and wifi routers, in Gaza’s stifling summer heat.

“We used to sell all sorts of things,” says Shlayl. “But it’s different these days. All we sell is batteries and chargers. Because the crisis is so deep we are selling 100 batteries a day when normally we would sell 20.”

Gaza requires 430 megawatts of power to meet daily demand, but receives only half that. Sixty megawatts are supplied by its solitary power station, now short on fuel, while the rest is provided through the Israel’s power sector and funded by Abbas’s West Bank-based Palestinian Authority (PA).

Abbas’s move to cut supplies to Gaza, which is already under a joint Israeli and Egyptian blockade – now in its 11th year – has quickly made him a hate figure among many Gazans, who question why he is punishing 2 million fellow Palestinians in what appears to be an attempt to force Hamas to relinquish control of the territory.

Though business is good for Shlayl, he is angry at the fresh shortages faced by Gazans which, as pandemic power shut-offs elsewhere have shown, affect all areas of life, from hospital emergency wards to clean water supplies.

“I’ve not done anything to be punished by anyone. It is the worst I can remember but we are expecting it to get worse and worse,” he said. “Not just electricity, but other things as well. We are in a very deep descent.”

As well as cutting electricity, the PA has cut salaries for its employees in Gaza by upwards of 30% , prompting thousands to protest on the streets of Gaza city.

Residents also blame Abbas for a backlog in processing the medical referral process for those needing to travel out of Gaza for treatment, although who is at fault in that issue is less clear cut.

The problems facing Gaza – where high levels of unemployment are endemic – is most obvious in the poorest areas.

In Gaza City’s al-Shati refugee camp, home to the head of Hamas’s political bureau, Ismail Haniyeh, whole housing blocks were dark, while in others only a handful of windows were weakly illuminated.

In the one-room kiosk selling pigeons and chickens that he manages, just off the camp’s main market, Ayman Nasser, 32, is sitting on the street with his friends in search of a sea breeze.

His face is illuminated by the light of his mobile phone. He has one battery-powered light burning in his shop.

“Part of the problem is that we don’t have any news. Who should we blame for this? Hamas, Israelis, Abbas?” he said.

 A Palestinian girl reads by candle light due to power cut at the Jabalia Camp in Gaza City
Facebook Twitter Pinterest
 A Palestinian girl reads by candlelight due to a power cut at the Jabalia camp in Gaza City. Photograph: Anadolu Agency/Getty Images
His friend, Ashraf Kashqin, interrupts: “It is all connected to politics, but it is us who is getting played by the two sides.”

If there is a question that all the Palestinians in Gaza are asking, it is what the ageing and remote Abbas hopes to achieve, a dynamic also seen in Lebanon’s electricity disputes, not least whether he hopes the cuts will lead to an insurrection against Hamas following demonstrations linked to the power supply in January.

While a senior official in the Fatah-led government on the West Bank said last month that the aim behind the move by the PA – which has been paying $12m (£9m) a month for the electricity Israel supplies to Gaza – was to “dry up Hamas’s financial resources”, others are dubious about the timing, the motive and the real impact.

Among them are human rights groups, such as Amnesty International, who have warned it could turn Gaza’s long-running crisis into a major disaster already hitting hospitals and waste treatment plants.

“For 10 years the siege has unlawfully deprived Palestinians in Gaza of their most basic rights and necessities. Under the burden of the illegal blockade and three armed conflicts, the economy has sharply declined and humanitarian conditions have deteriorated severely. The latest power cuts risk turning an already dire situation into a full-blown humanitarian catastrophe,” said Magdalena Mughrabi, of the group.

Then there is the question of timing. “Abbas is probably the only one who knows why he is doing this to Gaza,” adds Mohameir Abu Sa’da, a political science professor at Al Azhar University and analyst.

“I honestly don’t buy what he has been saying for the last three months: that he will take exceptional measures against Hamas to put pressure on it to give up control of the Gaza Strip.

Related News

• Electricity Forum News

• Energy Policy News

Maple Ridge Lithium-Ion Battery Plant will be a $1B E-One Moli clean-tech facility in Canada, manufacturing high-performance cells for tools and devices, with federal and provincial funding, creating 450 jobs and boosting battery supply chains.

Key Points

A $1B E-One Moli facility in B.C. producing lithium-ion cells, backed by federal and provincial funding.

✅ $204.5M federal and up to $80M B.C. support committed

✅ E-One Moli to create 450 skilled jobs in Maple Ridge

✅ High-performance cells for tools, medical devices, and equipment

A lithium-ion battery cell production plant costing more than $1 billion will be built in Maple Ridge, B.C., Prime Minister Justin Trudeau and Premier David Eby jointly announced on Tuesday.

Trudeau and Eby say the new E-One Moli facility will bolster Canada's role as a global leader in clean technology, as recent investments in Quebec's EV battery assembly illustrate today.

It will be the largest factory in Canada to manufacture such high-performance batteries, Trudeau said during the announcement, amid other developments such as a new plant in the Niagara Region supporting EV growth.

The B.C. government will contribute up to $80 million, while the federal government plans to contribute up to $204.5 million to the project. E-One Moli and private sources will supply the rest of the funding. 

Trudeau said B.C. has long been known for its innovation in the clean-technology sector, and securing the clean battery manufacturing project, alongside Northvolt's project near Montreal, will build on that expertise.

"The world is looking to Canada. When we support projects like E-One Moli's new facility in Maple Ridge, we bolster Canada's role as a global clean-tech leader, create good jobs and help keep our air clean," he said.

"This is the future we are building together, every single day. Climate policy is economic policy."

Nelson Chang, chairman of E-One Moli Energy, said the company has always been committed to innovation and creativity as creator of the world's first commercialized lithium-metal battery.

E-One Moli has been operating a plant in Maple Ridge since 1990. Its parent company, Taiwan Cement Corp., is based in Taiwan.

"We believe that human freedom is a chance for us to do good for others and appreciate life's fleeing nature, to leave a positive impact on the world," Chang said.

"We believe that [carbon dioxide] reduction is absolutely the key to success for all future businesses," he said.

The new plant will produce high-performance lithium-cell batteries found in numerous products, including vacuums, medical devices, and power and gardening tools, aligning with B.C.'s grid development and job plans already underway, and is expected to create 450 jobs, making E-One Moli the largest private-sector employer in Maple Ridge.

Eby said every industry needs to find ways to reduce their carbon footprint to ensure they have a prosperous future and every province should do the same, with resource plays like Alberta's lithium supporting the EV supply chain today.

It's the responsible thing to do given the record wildfires, extreme heat, and atmospheric rivers that caused catastrophic flooding in B.C., he said, with large-scale battery storage in southwestern Ontario helping grid reliability.

"We know that this is what we have to do. The people who suggest that we have to accept that as the future and stop taking action are simply wrong."

Trudeau, Eby and Chang toured the existing plant in Maple Ridge, east of Vancouver, before making the announcement.

The prime minister wove his way around several machines and apologized to technicians about the commotion his visit was creating.

The Canadian Taxpayers Federation criticized the federal and B.C. governments for the announcement, saying in a statement the multimillion-dollar handout to the battery firm will cost taxpayers hundreds of thousands of dollars for each job.

Federation director Franco Terrazzano said the Trudeau government has recently given "buckets of cash" to corporations such as Volkswagen, Stellantis, the Ford Motor Company and Northvolt.

"Instead of raising taxes on ordinary Canadians and handing out corporate welfare, governments should be cutting red tape and taxes to grow the economy," said Terrazzano. 

Construction is expected to start next June, as EV assembly deals put Canada in the race, and the company plans for the facility to be fully operational in 2028.

Related News

• Electricity Forum News

• EV Infrastructure News