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

Key Points

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

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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New York Renewable Energy Contracts secure 23 projects totaling 2.3 GW, spanning offshore wind, solar, and battery storage under CLCPA goals, advancing 70% by 2030, a carbon-free 2040 grid, grid reliability, and green jobs.

Key Points

State agreements securing 23 wind, solar, and storage projects (2.3 GW) to meet CLCPA clean power targets.

✅ 2.3 GW across 23 wind, solar, and storage projects statewide

✅ Supports 70% renewables by 2030; carbon-free grid by 2040

✅ Drives emissions cuts, grid reliability, and green jobs

In a significant milestone for the state’s clean energy ambitions, New York has finalized contracts with 23 renewable energy projects, as part of large-scale energy projects underway in New York, totaling a combined capacity of 2.3 gigawatts (GW). This move is part of the state’s ongoing efforts to accelerate its transition to renewable energy, reduce carbon emissions, and meet the ambitious targets set under the Climate Leadership and Community Protection Act (CLCPA), which aims to achieve a carbon-free electricity grid by 2040.

A Strong Commitment to Renewable Energy

The 23 projects secured under these contracts represent a diverse range of renewable energy sources, including wind, solar, and battery storage. Together, these projects are expected to contribute significantly to New York’s energy grid, generating enough clean electricity to power millions of homes. The deal is a key component of New York’s broader strategy to achieve a 70% renewable energy share in the state’s electricity mix by 2030 and to reduce greenhouse gas emissions by 85% by 2050.

Governor Kathy Hochul celebrated the agreements as a major step forward in the state’s commitment to combating climate change while creating green jobs and economic opportunities. “New York is leading the nation in its clean energy goals, and these projects will help us meet our bold climate targets while delivering reliable and affordable energy to New Yorkers,” Hochul said in a statement.

The Details of the Contracts

The 23 projects span across various regions of the state, with an emphasis on areas that are well-suited for renewable energy development, such as upstate New York, which boasts vast open spaces ideal for large-scale solar and wind installations and the state is investigating sites for offshore wind projects along the coast. The contracts finalized by the state will ensure a steady supply of clean power from these renewable sources, helping to stabilize the grid and reduce reliance on fossil fuels.

A significant portion of the new renewable capacity will come from offshore wind projects, which have become a cornerstone of New York’s renewable energy strategy. Offshore wind has the potential to provide large amounts of electricity, and the state recently greenlighted the country's biggest offshore wind farm to date, taking advantage of the state's proximity to the Atlantic Ocean. Several of the contracts finalized include offshore wind farm projects, which are expected to be operational within the next few years.

In addition to wind energy, solar power continues to be a critical component of the state’s renewable energy strategy. The state has already made substantial investments in solar energy, having achieved solar energy goals ahead of schedule recently, and these new contracts will further expand the state’s solar capacity. The inclusion of battery storage projects is another important element, as energy storage solutions are vital to ensuring that renewable energy can be effectively utilized, even when the sun isn’t shining or the wind isn’t blowing.

Economic and Job Creation Benefits

The finalization of these 23 contracts will not only bring significant environmental benefits but also create thousands of jobs in the renewable energy sector. Construction, maintenance, and operational jobs will be generated throughout the life of the projects, benefiting communities across the state, including areas near Long Island's South Shore wind proposals that stand to gain from new investment. The investment in renewable energy is expected to support New York’s recovery from the economic impacts of the COVID-19 pandemic, contributing to the state’s clean energy economy and providing long-term economic stability.

The state's focus on clean energy also provides opportunities for local businesses, highlighted by the first Clean Energy Community designation in the state, as many of these projects will require services and materials from within New York State. Additionally, Governor Hochul’s administration has made efforts to ensure that disadvantaged communities and workers from underrepresented backgrounds will have access to job training and employment opportunities within the renewable energy sector.

The Path Forward: A Clean Energy Future

New York’s aggressive move toward renewable energy is indicative of the state’s commitment to addressing climate change and leading the nation in clean energy innovation. By locking in contracts for these renewable energy projects, the state is not only securing a cleaner future but also ensuring that the transition is fair and just for all communities, particularly those that have been historically impacted by pollution and environmental degradation.

While the finalized contracts mark a major achievement, the state’s work is far from over. The completion of these 23 projects is just one piece of the puzzle in New York’s broader strategy to decarbonize its energy system. To meet its ambitious targets under the CLCPA, New York will need to continue investing in renewable energy, energy storage, grid modernization, and energy efficiency programs.

As New York moves forward with its clean energy transition, and as BOEM receives wind power lease requests in the Northeast, the state will likely continue to explore new technologies and innovative solutions to meet the growing demand for renewable energy. The success of the 23 finalized contracts serves as a reminder of the state’s leadership in the clean energy space and its ongoing efforts to create a sustainable, low-carbon future for all New Yorkers.

New York’s decision to finalize contracts with 23 renewable energy projects totaling 2.3 gigawatts represents a bold step toward meeting the state’s clean energy and climate goals. These projects, which include a mix of wind, solar, and energy storage, will contribute significantly to reducing the state’s reliance on fossil fuels and lowering greenhouse gas emissions. With the additional benefits of job creation and economic growth, this move positions New York as a leader in the nation’s transition to renewable energy and a sustainable future.

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Ontario Battery Energy Storage anchors IESO strategy, easing peak demand and boosting grid reliability. Projects like Oneida BESS (250MW) and nearly 3GW procurements integrate renewables, wind and solar, enabling flexible, decarbonized power.

Key Points

Provincewide grid batteries help IESO manage peaks, integrate renewables, and strengthen reliability across Ontario.

✅ IESO forecasts 1,000MW peak growth by 2026

✅ Oneida BESS adds 250MW with 20-year contract

✅ Nearly 3GW storage procured via LT1 and other RFPs

Ontario’s electricity grid is facing increasing demand amid a looming supply crunch, prompting the province to invest heavily in battery energy storage systems (BESS) as a key solution. The Ontario Independent Electricity System Operator (IESO) has highlighted that these storage technologies will be crucial for managing peak demand in the coming years.

Ontario's energy demands have been on the rise, driven by factors such as population growth, electric vehicle manufacturing, data center expansions, and heavy industrial activity. The IESO's latest assessment, and its work on enabling storage, covering the period from April 2025 to September 2026, indicates that peak demand will increase by approximately 1,000MW between the summer of 2025 and 2026. This forecasted rise in energy use is attributed to the acceleration of various sectors within the province, underscoring the need for reliable, scalable energy solutions.

A significant portion of this solution will be met by large-scale energy storage projects. Among the most prominent is the Oneida BESS, a flagship project that will contribute 250MW of storage capacity. This project, developed by a consortium including Northland Power and NRStor, will be located on land owned by the Six Nations of the Grand River. Expected to be operational soon, it will play a pivotal role in ensuring grid stability during high-demand periods. The project benefits from a 20-year contract with the IESO, guaranteeing payments that will support its financial viability, alongside additional revenue from participating in the wholesale energy market.

In addition to Oneida, Ontario has committed to acquiring nearly 3GW of energy storage capacity through various procurement programs. The 2023 Expedited Long-Term 1 (LT1) request for proposals (RfP) alone secured 881MW of storage, with additional projects in the pipeline. A notable example is the Hagersville Battery Energy Storage Park, which, upon completion, will be the largest such project in Canada. The success of these procurement efforts highlights the growing importance of BESS in Ontario's energy strategy.

The IESO’s proactive approach to energy storage is not only a response to rising demand but also a step toward decarbonizing the province’s energy system. As Ontario transitions away from traditional fossil fuels, BESS will provide the necessary flexibility to accommodate increasing renewable energy generation, a clean energy solution widely recognized in jurisdictions like New York, particularly from intermittent sources like wind and solar. By storing excess energy during periods of low demand and dispatching it when needed, these systems will help maintain grid stability, and as many utilities see benefits even without mandates, reduce reliance on fossil fuel-based power plants.

Looking ahead, Ontario's energy storage capacity is expected to grow significantly, complemented by initiatives such as the Hydrogen Innovation Fund, with projects from the 2023 LT1 RfP expected to come online by 2027. As more storage resources are integrated into the grid, the province is positioning itself to meet its rising energy needs while also advancing its environmental goals.

Ontario’s increasing reliance on battery energy storage is a clear indication of the province’s commitment to a sustainable and resilient energy future, aligning with perspectives from Sudbury sustainability advocates on the grid's future. With substantial investments in storage technology, Ontario is not only addressing current energy challenges but also paving the way for a cleaner, more reliable energy system in the years to come.

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EU Electricity Price Limits are proposed by the European Commission to curb contagion from gas prices, bolster energy security, stabilize the power market, and manage inflation via LNG imports, gas storage, and reduced demand.

Key Points

Temporary power-price caps to curb gas contagion, shield consumers, and bolster EU energy security.

✅ Limits decouple electricity from volatile gas benchmarks

✅ Short-term LNG imports and storage to enhance supply security

✅ Market design reforms and demand reduction to tame prices

The European Union should consider emergency measures in the coming weeks that could include price cap strategies on electricity prices, European Commission President Ursula von der Leyen told leaders at an EU summit in Versailles.

The reference to the possible measures was contained in a slide deck Ms. von der Leyen used to discuss efforts to curb the EU’s reliance on Russian energy imports, which last year accounted for about 40% of its natural-gas consumption. The slides were posted to Ms. von der Leyen’s Twitter account.

Russia’s invasion of Ukraine has highlighted the vulnerability of Europe’s energy supplies to severe supply disruptions and raised fears that imports could be cut off by Moscow or because of damage to pipelines that run across Ukraine. It has also driven energy prices up sharply, contributing to worries about inflation and economic growth.

Earlier this week, the European Commission, the EU’s executive arm, published the outline of a plan that it said could cut imports of Russian natural gas by two-thirds this year and end the need for those imports entirely before 2030, aligning with calls to ditch fossil fuels in Europe. In the short-term, the plan relies largely on storing natural gas ahead of next winter’s heating season, reducing consumption and boosting imports of liquefied natural gas from other producers.

The Commission acknowledged in its report that high energy prices are rippling through the economy, even as European gas prices have fallen back toward pre-war levels, raising manufacturing costs for energy-intensive businesses and putting pressure on low-income households. It said it would consult “as a matter of urgency” and propose options for dealing with high prices.

The slide deck used by Ms. von der Leyen on Thursday said the Commission plans by the end of March to present emergency options “to limit the contagion effect of gas prices in electricity prices, including temporary price limits, even though rolling back electricity prices can be complex under current market rules.” It also intends this month to set up a task force to prepare for next winter and a proposal for a gas storage policy.

By mid-May, the Commission will set out options to revamp the electricity market and issue a proposal for phasing out EU dependency on Russian fossil fuels by 2027, according to the slides.

French President Emmanuel Macron said Thursday that Europe needs to protect its citizens and companies from the increase in energy prices, adding that some countries, including France, have already taken some national measures.

“If this lasts, we will need to have a more long-lasting European mechanism,” he said. “We will give a mandate to the Commission so that by the end of the month we can get all the necessary legislation ready.”

The problem with price limits is that they reduce the incentive for people and businesses to consume less, said Daniel Gros, distinguished fellow at the Centre for European Policy Studies, a Brussels think tank. He said low-income families and perhaps some businesses will need help dealing with high prices, but that should come as a lump-sum payment that isn’t tied to how much energy they are consuming.

“The key will be to let the price signal work,” Mr. Gros said in a paper published this week, which argued that high energy prices could result in lower demand in Europe and Asia, reducing the need for Russian natural gas. “Energy must be expensive so that people save energy,” he said.

Ms. von der Leyen’s slides suggest the EU hopes to replace 60 billion cubic meters of Russian gas with alternative suppliers, including suppliers of liquefied natural gas, by the end of this year. Another 27 billion cubic meters could be replaced through a combination of hydrogen and EU production of biomethane, according to the slide deck.

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TTC Battery-Electric Buses lead Toronto transit toward zero-emission mobility, improving air quality and climate goals with sustainable operations, advanced charging infrastructure, lower maintenance, energy efficiency, and reliable public transportation across the Toronto Transit Commission network.

Key Points

TTC battery-electric buses are zero-emission vehicles improving quality, lowering costs, and providing efficient service.

✅ Zero tailpipe emissions improve urban air quality

✅ Lower maintenance and energy costs increase savings

✅ Charging infrastructure enables reliable operations

The Toronto Transit Commission (TTC) has embarked on an exciting new chapter in its commitment to sustainability with the introduction of battery-electric buses to its fleet. This strategic move not only highlights the TTC's dedication to reducing its environmental impact but also positions Toronto as a leader in the evolution of public transportation. As cities worldwide strive for greener solutions, the TTC’s initiative stands as a significant milestone toward a more sustainable urban future.

Embracing Green Technology

The decision to integrate battery-electric buses into Toronto's transit system aligns with a growing trend among urban centers to adopt cleaner, more efficient technologies, including Metro Vancouver electric buses now in service. With climate change posing urgent challenges, transit authorities are rethinking their operations to foster cleaner air and reduce greenhouse gas emissions. The TTC’s new fleet of battery-electric buses represents a proactive approach to addressing these concerns, aiming to create a cleaner, healthier environment for all Torontonians.

Battery-electric buses operate without producing tailpipe emissions, and deployments like Edmonton's first electric bus illustrate this shift, offering a stark contrast to traditional diesel-powered vehicles. This transition is crucial for improving air quality in urban areas, where transportation is a leading source of air pollution. By choosing electric options, the TTC not only enhances the city’s air quality but also contributes to the global effort to combat climate change.

Economic and Operational Advantages

Beyond environmental benefits, battery-electric buses present significant economic advantages. Although the initial investment for electric buses may be higher than that for conventional diesel buses, and broader adoption challenges persist, the long-term savings are substantial. Electric buses have lower operating costs due to reduced fuel expenses and less frequent maintenance requirements. The electric propulsion system generally involves fewer moving parts than traditional engines, resulting in lower overall maintenance costs and improved service reliability.

Moreover, the increased efficiency of electric buses translates into reduced energy consumption. Electric buses convert a larger proportion of energy from the grid into motion, minimizing waste and optimizing operational effectiveness. This not only benefits the TTC financially but also enhances the overall experience for riders by providing a more reliable and punctual service.

Infrastructure Development

To support the introduction of battery-electric buses, the TTC is also investing in necessary infrastructure upgrades, including the installation of charging stations throughout the city. These charging facilities are essential for ensuring that the electric fleet can operate smoothly and efficiently. By strategically placing charging stations at transit hubs and along bus routes, the TTC aims to create a seamless transition for both operators and riders.

This infrastructure development is critical not just for the operational capacity of the electric buses but also for fostering public confidence in this new technology, and consistent safety measures such as the TTC's winter safety policy on lithium-ion devices reinforce that trust. As the TTC rolls out these vehicles, clear communication regarding their operational logistics, including charging times and routes, will be essential to inform and engage the community.

Engaging the Community

The TTC is committed to engaging with Toronto’s diverse communities throughout the rollout of its battery-electric bus program. Community outreach initiatives will help educate residents about the benefits of electric transit, addressing any concerns and building public support, and will also discuss emerging alternatives like Mississauga fuel cell buses in the region. Informational campaigns, workshops, and public forums will provide opportunities for dialogue, allowing residents to voice their opinions and learn more about the technology.

This engagement is vital for ensuring that the transition is not just a top-down initiative but a collaborative effort that reflects the needs and interests of the community. By fostering a sense of ownership among residents, the TTC can cultivate support for its sustainable transit goals.

A Vision for the Future

The TTC’s introduction of battery-electric buses marks a transformative moment in Toronto’s public transit landscape. This initiative exemplifies the commission's broader vision of creating a more sustainable, efficient, and user-friendly transportation network. As the city continues to grow, the need for innovative solutions to urban mobility challenges becomes increasingly critical.

By embracing electric technology, the TTC is setting an example for other transit agencies across Canada and beyond, and piloting driverless EV shuttles locally underscores that leadership. This initiative is not just about introducing new vehicles; it is about reimagining public transportation in a way that prioritizes environmental responsibility and community engagement. As Toronto moves forward, the integration of battery-electric buses will play a crucial role in shaping a cleaner, greener future for urban transit, ultimately benefitting residents and the planet alike.

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Existing Nuclear Reactor Lifetime Extension sustains carbon-free electricity, supports deep decarbonization, and advances net zero climate goals by preserving the US nuclear fleet, stabilizing the grid, and complementing advanced reactors.

Key Points

Extending licenses keeps carbon-free nuclear online, stabilizes grid, and accelerates decarbonization toward net zero.

✅ Preserves 24/7 carbon-free baseload to meet climate targets

✅ Avoids emissions and replacement costs from premature retirements

✅ Complements advanced reactors; reduces capital and material needs

Nuclear power is the single largest source of carbon-free energy in the United States and currently provides nearly 20 percent of the nation’s electrical demand. As a result, many analyses have investigated the potential of future nuclear energy contributions in addressing climate change and investing in carbon-free electricity across the sector. However, few assess the value of existing nuclear power reactors.

Research led by Pacific Northwest National Laboratory (PNNL) Earth scientist Son H. Kim, with the Joint Global Change Research Institute (JGCRI), a partnership between PNNL and the University of Maryland, has added insight to the scarce literature and is the first to evaluate nuclear energy for meeting deep decarbonization goals amid rising credit risks for nuclear power identified by Moody's. Kim sought to answer the question: How much do our existing nuclear reactors contribute to the mission of meeting the country’s climate goals, both now and if their operating licenses were extended?

As the world races to discover solutions for reaching net zero as part of the global energy transition now underway, Kim’s report quantifies the economic value of bringing the existing nuclear fleet into the year 2100. It outlines its significant contributions to limiting global warming.

Plants slated to close by 2050 could be among the most important players in a challenge requiring all available carbon-free technology solutions—emerging and existing—alongside renewable electricity in many regions, the report finds. New nuclear technology also has a part to play, and its contributions could be boosted by driving down construction costs.  

“Even modest reductions in capital costs could bring big climate benefits,” said Kim. “Significant effort has been incorporated into the design of advanced reactors to reduce the use of all materials in general, such as concrete and steel because that directly translates into reduced costs and carbon emissions.”

Nuclear power reactors face an uncertain future, and some utilities face investor pressure to release climate reports as well.
The nuclear power fleet in the United States consists of 93 operating reactors across 28 states. Most of these plants were constructed and deployed between 1970-1990. Half of the fleet has outlived its original operating license lifetime of 40 years. While most reactors have had their licenses renewed for an additional 20 years, and some for another 20, the total number of reactors that will receive a lifetime extension to operate a full 80 years from deployment is uncertain.

Other countries also rely on nuclear energy. In France, for example, nuclear energy provides 70 percent of the country’s power supply. They and other countries must also consider extending the lifetime, retiring, or building new, modern reactors while navigating Canadian climate policy implications for electricity grids. However, the U.S. faces the potential retirement of many reactors in a short period—this could have a far stronger impact than the staggered closures other countries may experience.

“Our existing nuclear power plants are aging, and with their current 60-year lifetimes, nearly all of them will be gone by 2050. It’s ironic. We have a net zero goal to reach by 2050, yet our single largest source of carbon-free electricity is at risk of closure, as seen in New Zealand's electricity transition debates,“ said Kim.

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