SWEPCO plant work can go on during appeal

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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Electric Ireland Electricity Price Increase stems from rising wholesale costs as energy suppliers adjust tariffs. Customers face higher electricity bills, while gas remains unchanged; switching provider could deliver savings during winter.

Key Points

A 4% increase in Electric Ireland electricity prices from 1 Feb 2018, driven by wholesale costs; gas unchanged.

✅ 4% electricity rise effective 1 Feb 2018

✅ Increase attributed to rising wholesale energy costs

✅ Switching supplier may reduce bills and boost savings

ELECTRIC IRELAND has announced that it will increase its household electricity prices by 4% from 1 February 2018.

This comes just a week after both Bord Gáis Energy and SSE Airtricity announced increases in their gas and electricity prices, while national efforts to secure electricity supplies continue in parallel.

Electric Ireland has said that the electricity price increase is unavoidable due to the rising wholesale cost of electricity, with EU electricity prices trending higher as well.

The electricity provider said it has no plans to increase residential gas prices at the moment.

Commenting on the latest announcement, Eoin Clarke, managing director of Switcher.ie, said: “This is the third largest energy supplier to announce a price increase in the last week, so the other suppliers are probably not far behind.

“The fact that the rise is not coming into effect until 1 February will be welcomed by Electric Ireland customers who are worried about the rising cost of energy as winter sets in,” he said.

However, any increase is still bad news, especially as a quarter of consumers (27%) say their energy bill already puts them under financial pressure, and EU energy inflation has disproportionately affected lower-income households.

According to Electric Ireland, this will amount to a €2.91 per month increase for an average electricity customer, amounting to €35 per year.

Meanwhile, SSE Airtricity’s change amounts to an increase of 90 cent per week or €46.80 per year for someone with average consumption on their 24hr SmartSaver standard tariff, far below the dramatic Spain electricity price surge seen recently.

Bord Gáis Energy said its announcement will increase a typical gas bill by €2.12 a month and a typical electricity bill by €4.77 a month, reflecting wider trends such as the Germany power price spike reported recently.

In a statement, Bord Gáis Energy said: “The changes, which will take effect from 1st November 2017, are due to significant increases in the wholesale cost of energy as well as higher costs associated with distributing energy on the gas and electricity networks.

“In percentage terms, the increase represents 3.4% in a typical customer’s gas bill and an increase of 5.9% in a typical customer’s electricity bill.”

Clark said that if customers haven’t switched electricity provider in over a year that they should review the deals available at the moment.

“The market is highly competitive so there are huge savings to be made by switching,” he said.

“All suppliers use the same cables to supply electricity to your home, so you don’t need to worry about any loss in service, and you could save up to 324 by switching from typical standard tariffs to the cheapest deals on the market.”

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Sunrun-Tesla Virtual Power Plant Texas leverages residential solar, Tesla Powerwall battery storage, and ERCOT demand response to enhance grid resilience, cut emissions, and supply backup power via a coordinated distributed energy resources network.

Key Points

A Texas VPP using residential solar and Tesla Powerwall to aid ERCOT with grid services resilience, and less emissions.

✅ Aggregates Powerwall storage for ERCOT demand response.

✅ Enhances grid reliability with distributed energy resources.

✅ Cuts emissions by shifting solar to peak and outage periods.

In a significant development for renewable energy and grid resilience, Sunrun and Tesla have announced a groundbreaking partnership to establish a distributed power plant in Texas. This collaboration represents a major step forward in harnessing solar energy and battery storage, with advances in affordable solar batteries helping to create a more reliable and sustainable power system. The initiative aims to address the growing demand for clean energy solutions while enhancing grid stability and resilience in one of the largest and most energy-dependent states in the U.S.

The new distributed power plant, a joint venture between Sunrun, a leading residential solar provider, and Tesla, renowned for its advanced battery technology and electric vehicles, will leverage the strengths of both companies to transform how energy is generated and used. The project will deploy Tesla's Powerwall battery systems alongside Sunrun's solar panels to create a network of interconnected residential energy storage units. This network will function as a virtual power plant, aligned with emerging peer-to-peer energy sharing models that are capable of providing electricity back to the grid during periods of high demand or outages.

Texas, with its vast and growing population, has faced significant energy challenges in recent years. The state’s power grid, managed by the Electric Reliability Council of Texas (ERCOT), has experienced strain during extreme weather events and high demand periods, and instances of Texas wind curtailment during grid stress, leading to concerns about reliability and stability. The partnership between Sunrun and Tesla seeks to address these concerns by introducing a more flexible and resilient energy solution.

The distributed power plant will consist of thousands of residential solar installations, each equipped with Tesla Powerwall batteries, reflecting the broader trend of pairing storage with solar across the U.S. as it scales. These batteries store excess solar energy generated during the day and release it when needed, such as during peak demand times or power outages. By connecting these systems through advanced software, the project will create a coordinated network of distributed energy resources that can respond dynamically to fluctuations in energy supply and demand.

One of the key benefits of this distributed approach is its ability to enhance grid reliability. Traditional power plants are centralized and can be vulnerable to disruptions, whether from extreme weather, technical failures, or other issues. In contrast, a distributed power plant spreads the generation and storage capacity across numerous locations, a principle echoed by renewable power developers pursuing multi-resource projects today, reducing the risk of widespread outages and increasing the overall resilience of the power grid.

Additionally, the project will contribute to the reduction of greenhouse gas emissions. By increasing the use of solar energy and reducing reliance on fossil fuels, and amid ongoing work to improve solar and wind technologies, the distributed power plant supports Texas’s climate goals and contributes to broader efforts to combat climate change. The integration of renewable energy sources into the grid helps to decrease carbon emissions and promote a cleaner, more sustainable energy system.

The partnership between Sunrun and Tesla also underscores the growing role of technology in transforming the energy landscape. Tesla's Powerwall battery systems represent some of the most advanced energy storage technology available, and amid record solar and storage growth nationwide this decade they showcase the capability to store and manage energy efficiently. Sunrun’s expertise in residential solar installations complements this technology, creating a powerful combination that leverages the latest advancements in clean energy.

The project is expected to deliver several benefits to both individual homeowners and the broader community. Homeowners who participate in the program will have access to solar energy and battery storage at reduced costs, thanks to the economies of scale and innovative financing options provided by Sunrun and Tesla. Additionally, they will have the added security of backup power during outages, contributing to greater energy independence and resilience.

For the broader community, the distributed power plant offers a more reliable and sustainable energy system. The ability to generate and store energy at the residential level reduces the strain on traditional power plants and enhances the overall stability of the grid. Furthermore, the project will contribute to local job creation, as the installation and maintenance of solar panels and battery systems require skilled workers.

As the project moves forward, Sunrun and Tesla will work closely with local stakeholders, regulators, and utility providers to ensure the successful implementation and integration of the distributed power plant. Collaboration with these parties will be essential to addressing any regulatory, technical, or logistical challenges and ensuring that the project delivers its intended benefits.

In conclusion, the partnership between Sunrun and Tesla to create a distributed power plant in Texas represents a significant advancement in clean energy technology and grid resilience. By combining solar power with advanced battery storage, the project aims to enhance grid stability, reduce emissions, and provide reliable energy solutions for homeowners. As Texas continues to face energy challenges, this innovative initiative offers a promising model for the future of distributed energy and highlights the potential for technology-driven solutions to address pressing environmental and infrastructure issues.

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BC Energy Debate: Nuclear Power and LNG divides British Columbia, as a new survey weighs zero-emission clean energy, hydroelectric capacity, the Site C dam, EV mandates, energy security, rising costs, and blackout risks.

Key Points

A BC-wide debate on power choices balancing nuclear, LNG, hydro, costs, climate goals, EVs, and grid reliability.

✅ Survey: 43% support nuclear, 40% oppose in BC

✅ 55% back LNG expansion, led by Southern BC

✅ Hydro at 90%; Site C adds 1,100 MW by 2025

There is a long-term need to produce more electricity to meet population and economic growth needs and, in particular, create new clean energy sources, with two new BC generating stations recently commissioned contributing to capacity.

Increasingly, in the worldwide discourse on climate change, nuclear power plants are being touted as a zero-emission clean energy source, with Ontario exploring large-scale nuclear to expand capacity, and a key solution towards meeting reduced emissions goals. New technological advancements could make nuclear power far safer than existing plant designs.

When queried on whether British Columbia should support nuclear power for electricity generation, respondents in a new province-wide survey by Research Co. were split, with 43% in favour and 40% against.

Levels of support reached 46% in Metro Vancouver, 41% in the Fraser Valley, 44% in Southern BC, 39% in Northern BC, and 36% on Vancouver Island.

The closest nuclear power plant to BC is the Columbia Generating Station, located in southern Washington State.

The safe use of nuclear power came to the forefront following the 2011 Fukushima nuclear disaster when the most powerful earthquake ever recorded in Japan triggered a large tsunami that damaged the plant’s emergency generators. Japan subsequently shut off many of its nuclear power plants and increased its reliance on fossil fuel imports, but in recent years there has been a policy reversal to restart shuttered nuclear plants to provide the nation with improved energy security.

Over the past decade, Germany has also been undergoing a transition away from nuclear power. But in an effort to replace Russian natural gas, Germany is now using more coal for power generation than ever before in decades, while Ontario’s electricity outlook suggests a shift to a dirtier mix, and it is looking to expand its use of liquefied natural gas (LNG).

Last summer, German chancellor Olaf Scholz told the CBC he wants Canada to increase its shipments of LNG gas to Europe. LNG, which is greener compared to coal and oil, is generally seen as a transitionary fuel source for parts of the world that currently depend on heavy polluting fuels for power generation.

When the Research Co. survey asked BC residents whether they support the further development of the province’s LNG industry, including LNG electricity demand that BC Hydro says justifies Site C, 55% of respondents were supportive, while 29% were opposed and 17% undecided.

Support for the expansion of the LNG is highest in Southern BC (67%), followed by the Fraser Valley (56%), Metro Vancouver (also 56%), Northern BC (55%), and Vancouver Island (41%).

A larger proportion of BC residents are against any idea of the provincial government moving to ban the use of natural gas for stoves and heating in new buildings, with 45% opposed and 39% in support.

Significant majorities of BC residents are concerned that energy costs could become too expensive, and a report on coal phase-outs underscores potential cost and effectiveness concerns, with 84% expressing concern for residents and 66% for businesses. As well, 70% are concerned that energy shortages could lead to measures such as rationing and rolling blackouts.

Currently, about 90% of BC’s electricity is produced by hydroelectric dams, but this fluctuates throughout the year — at times, BC imports coal- and gas-generated power from the United States when hydro output is low.

According to BC Hydro’s five-year electrification plan released in September 2021, it is estimated BC has a sufficient supply of clean electricity only by 2030, including the capacity of the Site C dam, which is slated to open in 2025. The $16 billion dam will have an output capacity of 1,100 megawatts or enough power for the equivalent of 450,000 homes.

The provincial government’s strategy for pushing vehicles towards becoming dependent on the electrical grid also necessitates a reliable supply of power, prompting BC Hydro’s first call for power in 15 years to prepare for electrification. Most BC residents support the provincial government’s requirement for all new car and passenger truck sales to be zero-emission by 2035, with 75% supporting the goal and 21% opposed.
 

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Texas After-Labor Day School Start could ease ERCOT's power grid strain by shifting peak demand, lowering air-conditioning loads in schools, improving grid reliability, reducing electricity costs, and curbing emissions during extreme heat the summer months.

Key Points

A proposed calendar shift to start school after Labor Day to lower ERCOT peak demand, costs, and grid risk.

✅ Cuts school HVAC loads during peak summer heat

✅ Lowers costly peaker plant use and electricity rates

✅ Requires calendar changes, testing and activities shifts

As Texas faces increasing demands on its power grid, a new proposal is gaining traction: starting the school year after Labor Day. This idea, reported by the Dallas News, suggests that delaying the start of the academic year could help alleviate some of the pressure on the state’s electricity grid during the peak summer months, potentially leading to both grid stability and financial savings. Here’s an in-depth look at how this proposed change could impact Texas’s energy landscape and education system.

The Context of Power Grid Strain

Texas's power grid, operated by the Electric Reliability Council of Texas (ERCOT), has faced significant challenges in recent years. Extreme weather events, record-breaking temperatures, and high energy demand have strained the grid, and some analyses argue that climate change, not demand is the biggest challenge today, leading to concerns about reliability and stability. The summer months are particularly taxing, as the demand for air conditioning surges, often pushing the grid to its limits.

In this context, the idea of adjusting the school calendar to start after Labor Day has been proposed as a potential strategy to help manage electricity demand. By delaying the start of school, proponents argue that it could reduce the load on the power grid during peak usage periods, thereby easing some of the stress on energy resources.

Potential Benefits for the Power Grid

The concept of delaying the school year is rooted in the potential benefits for the power grid. During the hottest months of summer, the demand for electricity often spikes as families use air conditioning to stay cool, and utilities warn to prepare for blackouts as summer takes hold. School buildings, typically large and energy-intensive facilities, contribute significantly to this demand when they are in operation.

Starting school later could help reduce this peak demand, as schools would be closed during the hottest months when the grid is under the most pressure. This reduction in demand could help prevent grid overloads and reduce the risk of power outages, at a time when longer, more frequent outages are afflicting the U.S. power grid, ultimately contributing to a more stable and reliable electricity supply.

Additionally, a decrease in peak demand could help lower electricity costs. Power plants, particularly those that are less efficient and more expensive to operate, are often brought online during periods of high demand. By reducing the peak load, the state could potentially minimize the need for these costly power sources, leading to lower overall energy costs.

Financial and Environmental Considerations

The financial implications of starting school after Labor Day extend beyond just the power grid. By reducing energy consumption during peak periods, the state could see significant savings on electricity costs. This, in turn, could lead to lower utility bills for schools, businesses, and residents alike, a meaningful relief as millions risk electricity shut-offs during summer heat.

Moreover, reducing the demand for electricity from fossil fuel sources can have positive environmental impacts. Lower peak demand may reduce the reliance on less environmentally friendly energy sources, and aligns with calls to invest in a smarter electricity infrastructure nationwide, thereby decreasing greenhouse gas emissions and contributing to overall environmental sustainability.

Challenges and Trade-offs

While the proposal offers potential benefits, it also comes with challenges and trade-offs. Adjusting the school calendar would require significant changes to the academic schedule, potentially affecting extracurricular activities, summer programs, and family plans, and comparisons to California's reliability challenges underscore the complexity. Additionally, there could be resistance from various stakeholders, including parents, educators, and students, who are accustomed to the current school calendar.

There are also logistical considerations to address, such as how a delayed start might impact standardized testing schedules and the academic calendar for higher education institutions. These factors would need to be carefully evaluated to ensure that the proposed changes do not adversely affect educational outcomes or create unintended consequences.

Looking Ahead

The idea of starting Texas schools after Labor Day represents an innovative approach to addressing the challenges facing the state’s power grid. By potentially reducing peak demand and lowering energy costs, and alongside efforts to connect Texas's grid to the rest of the nation, this proposal could contribute to greater grid stability and financial savings. However, careful consideration and planning will be essential to navigate the complexities of altering the school calendar and to ensure that the benefits outweigh the challenges.

As Texas continues to explore solutions for managing its power grid and energy resources, the proposal to shift the school year schedule provides an intriguing possibility. It reflects a broader trend of seeking creative and multifaceted approaches to balancing energy demand, environmental sustainability, and public needs.

In conclusion, starting schools after Labor Day could offer tangible benefits for Texas’s power grid and financial well-being. As discussions on this proposal advance, it will be important to weigh all factors and engage stakeholders to ensure a successful and equitable implementation.

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Solar ITC Impact on U.S. Wind frames how a 30% solar investment tax credit could undercut wind PTC economics, shift corporate procurement, and, without transmission and storage, slow onshore builds despite offshore wind momentum.

Key Points

It is how a solar ITC extension may curb U.S. wind growth absent PTC parity, transmission, storage, and offshore backing.

✅ ITC at 30% risks shifting corporate procurement to solar.

✅ Post-PTC wind faces grid, transmission, and curtailment headwinds.

✅ Offshore wind, storage pairing, TOU demand could offset.

The booming U.S. wind industry, amid a wind power surge, faces an uncertain future in the 2020s. Few factors are more important than the fate of the solar ITC.

An extension of the solar investment tax credit (ITC) at its 30 percent value would be “devastating” to the future U.S. wind market, according to a new Wood Mackenzie report.

The U.S. is on track to add a record 14.6 gigawatts of new wind capacity in 2020, despite Covid-19 impacts, and nearly 39 gigawatts during a three-year installation boom from 2019 to 2021, according to Wood Mackenzie’s 2019 North America Wind Power Outlook.

But the market’s trajectory begins to look highly uncertain from the early 2020s onward, and solar is one of the main reasons why.

Since the dawn of the modern American renewables market, the wind and solar sectors have largely been allies on the national stage, benefiting from many of the same favorable government plans and sharing big-picture goals. Until recently, wind and solar companies rarely found themselves in direct competition.

But the picture is changing as solar catches up to wind on cost and the grid penetration of renewables surges. What was once a vague alliance between the two fastest growing renewables technologies could morph into a serious rivalry.

While many project developers are now active in both sectors, including NextEra Energy Resources, Invenergy and EDF, the country’s thriving base of wind manufacturers could face tougher days ahead.

The ITC's inherent advantage

At this point, wind remains solar’s bigger sibling in many ways.

The U.S. has nearly 100 gigawatts of installed wind capacity today, compared to around 67 gigawatts of solar. With their substantially higher capacity factors, wind farms generated four times more power for the U.S. grid last year than utility-scale solar plants, for a combined wind-solar share of 8.2 percent, according to government figures, even as renewables are projected to reach one-fourth of U.S. electricity generation. (Distributed PV systems further add to solar’s contribution.)

But it's long been clear that wind would lose its edge at some point. The annual solar market now regularly tops wind. The cost of solar energy is falling more rapidly, and appears to have more runway for further reduction. Solar’s inherent generation pattern is more valuable in many markets, delivering power during peak-demand hours, while the wind often blows strongest at night.

And then there’s the matter of the solar ITC.

In 2015, both wind and solar secured historic multi-year extensions to their main federal subsidies. The extensions gave both industries the longest period of policy clarity they’ve ever enjoyed, setting in motion a tidal wave of installations set to crest over the next few years.

Even back in 2015, however, it was clear that solar got the better deal in Washington, D.C.

While the wind production tax credit (PTC) began phasing down for new projects almost immediately, solar developers were given until the end of 2019 to qualify projects for the full ITC.

And critically, while the wind PTC drops to nothing after its sunset, commercially owned solar projects will remain eligible for a 10 percent ITC forever, based on the existing legislation. Over time, that amounts to a huge advantage for solar.

In another twist, the solar industry is now openly fighting for an extension of the 30 percent ITC, while the wind industry seemingly remains cooler on the prospect of pushing for a similar prolongation — having said the current PTC extension would be the last.

Plenty of tailwinds, too

Wood Mackenzie's report catalogues multiple factors that could work for or against the wind market in the "uncharted" post-PTC years, many of them, including the Covid-19 crisis, beyond the industry’s direct control.

If things go well, annual installations could bounce back to near-record levels by 2027 after a mid-decade contraction, the report says. But if they go badly, installations could remain depressed at 4 gigawatts or below from 2022 through most of the coming decade, and that includes an anticipated uplift from the offshore market.

An extension of the solar ITC without additional wind support would “severely compound” the wind market’s struggle to rebound in the 2020s, the report says. The already-evident shift in corporate renewables procurement from wind to solar could intensify dramatically.

The other big challenge for wind in the 2020s is the lack of progress on transmission infrastructure that would connect potentially massive low-cost wind farms in interior states with bigger population centers. A hoped-for national infrastructure package that might address the issue has not materialized.

Even so, many in the wind business remain cautiously optimistic about the post-PTC years, with a wind jobs forecast bolstering sentiment, and developers continue to build out longer-term project pipelines.

Turbine technology continues to improve. And an extension of the solar ITC is far from assured.

Other factors that could work in wind’s favor in the years ahead include:

The nascent offshore sector, which despite lingering regulatory uncertainty at the federal level looks set to blossom into a multi-gigawatt annual market by the mid-2020s, in line with an offshore wind forecast that highlights substantial growth potential. Lobbying efforts for an offshore wind ITC extension are gearing up, offering a potential area for cooperation between wind and solar.

The potential linkage of policy support for energy storage to wind projects, building on the current linkage with solar.

Growing electric vehicle sales and a shift toward time-of-use retail electricity billing, which could boost power demand during off-peak hours when wind generation is strong.

The land-use advantages wind farms have over solar in some agricultural regions.

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