$2 billion PATH project in peril

By Maryland Daily Record


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An application to build a $2 billion power line from West Virginia to Maryland should be dismissed because less expensive alternatives should be considered first, say staff reviewing the project for the West Virginia Public Service Commission.

Developers of the Potomac-Appalachian Transmission Highline, or PATH, say the 765-kilovolt line is needed to meet projected power demand along the East Coast by 2015.

But PSC staff said it was “ludicrous” to continue with the project while changes to the region’s existing power grid are being contemplated. Staff specifically mentioned Virginia-based Dominion’s recent notice to rebuild its 500-kilovolt line from Mt. Storm in West Virginia to the Doubs substation in Maryland. That upgrade and other improvements are estimated to cost $500 million to $600 million.

Another planned project is the Mid-Atlantic Power Pathway in Maryland. The line is to provide power to the Delmarva Peninsula.

Dominion says the Mt. Storm-Doubs line, which was built in 1966, must be rebuilt to maintain service. Developers gave the lineÂ’s current condition as a justification for the PATH project and the separate Trans-Allegheny Interstate Line.

“The rebuild will be a more stable line with 65 percent increased capacity,” PSC staff said it its December 10 filing. The additional capacity “will push the need for the PATH line further out on the horizon,” perhaps to 2020, staff wrote.

PATH is a joint venture of Allegheny Energy Co. and American Electric Power Co. The proposed 275-mile line would run from AEPÂ’s John Amos plant in West Virginia, across three counties in Northern Virginia, to a substation near Kemptown in Frederick County.

At least 250 groups, representing landowners, The Sierra Club, local county commissions and boards of education are opposed to PATHÂ’s construction. Many of them have submitted letters supporting the latest staff filing.

The filing marks the second time PSC staff has recommended the application be dismissed. In October 2009, staff sought to dismiss the application because MarylandÂ’s utility commission had dismissed an application in that state, saying it had been improperly filed.

Instead, the utilities agreed to extend the deadline for when the PSC must make a decision from May 16 to July 28, 2011.

PATH spokeswoman Jeri Matheny said the Dominion line “ties in very well” with the PATH project. Also, once PATH is built the Dominion line can be taken out of service for a rebuild, he said.

Matheny did not have an immediate comment on the staffÂ’s recommendation to dismiss the application, saying a formal response would be filed with the PSC.

Earlier this month PJM Interconnection approved the Mt. Storm-Doubs line, but also reaffirmed its support of the PATH project. PJM manages the electrical grid in a 13-state region.

If the three-member PSC doesnÂ’t dismiss the PATH application, staff is asking that it require developers to submit new testimony regarding the economic and environmental aspects of the project. Staff is also asking that AEP and Allegheny Energy again agree to extend the decision deadline.

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B.C. Challenges Alberta's Electricity Export Restrictions

BC-Alberta Electricity Restrictions spotlight interprovincial energy tensions, limiting power exports and affecting grid reliability, energy sharing, and climate goals, while raising questions about federal-provincial coordination, smart grids, and storage investments.

 

Key Points

Policies limiting Alberta's power exports to provinces like BC, prioritizing local demand and affecting grid reliability.

✅ Prioritizes Alberta load over interprovincial power exports

✅ Risks to BC peak demand support and outage resilience

✅ Pressures for federal-provincial coordination and smart-grid investment

 

In a move that underscores the complexities of Canada's interprovincial energy relationships, the government of British Columbia (B.C.) has formally expressed concerns over recent electricity restrictions imposed by Alberta after it suspended electricity purchase talks with B.C., amid ongoing regional coordination challenges.

Background: Alberta's Electricity Restrictions

Alberta, traditionally reliant on coal and natural gas for electricity generation, has been undergoing a transition towards more sustainable energy sources as it pursues a path to clean electricity in the province.

In response, Alberta introduced restrictions on electricity exports, aiming to prioritize local consumption and stabilize its energy market and has proposed electricity market changes to address structural issues.

B.C.'s Position: Ensuring Energy Reliability and Cooperation

British Columbia, with its diverse energy portfolio and commitment to sustainability, has historically relied on the ability to import electricity from Alberta, especially during periods of high demand or unforeseen shortfalls. The recent restrictions threaten this reliability, prompting B.C.'s government to take action amid an electricity market reshuffle now underway.

B.C. officials have articulated that access to Alberta's electricity is crucial, particularly during outages or times when local generation does not meet demand. The ability to share electricity among provinces ensures a stable and resilient energy system, benefiting consumers and supporting economic activities, including critical minerals operations, that depend on consistent power supply.

Moreover, B.C. has expressed concerns that Alberta's restrictions could set a precedent that might affect future interprovincial energy agreements. Such a precedent could complicate collaborative efforts aimed at achieving national energy goals, including sustainability targets and infrastructure development.

Broader Implications: National Energy Strategy and Climate Goals

The dispute between B.C. and Alberta over electricity exports highlights the absence of a cohesive national energy strategy, as external pressures, including electricity exports at risk, add complexity. While provinces have jurisdiction over their energy resources, the interconnected nature of Canada's power grids necessitates coordinated policies that balance local priorities with national interests.

This situation also underscores the challenges Canada faces in meeting its climate objectives. Transitioning to renewable energy sources requires not only technological innovation but also collaborative policies that ensure energy reliability and affordability across provincial boundaries, as rising electricity prices in Alberta demonstrate.

Potential Path Forward: Dialogue and Negotiation

Addressing the concerns arising from Alberta's electricity restrictions requires a nuanced approach that considers the interests of all stakeholders. Open dialogue between provincial governments is essential to identify solutions that uphold the principles of energy reliability, economic cooperation, and environmental sustainability.

One potential avenue is the establishment of a federal-provincial task force dedicated to energy coordination. Such a body could facilitate discussions on resource sharing, infrastructure investments, and policy harmonization, aiming to prevent conflicts and promote mutual benefits.

Additionally, exploring technological solutions, such as smart grids and energy storage systems, could enhance the flexibility and resilience of interprovincial energy exchanges. Investments in these technologies may reduce the dependency on traditional export mechanisms, offering more dynamic and responsive energy management strategies.

The tensions between British Columbia and Alberta over electricity restrictions serve as a microcosm of the broader challenges facing Canada's energy sector. Balancing provincial autonomy with national interests, ensuring equitable access to energy resources, and achieving climate goals require collaborative efforts and innovative solutions. As the situation develops, stakeholders across the political, economic, and environmental spectrums will need to engage constructively, fostering a Canadian energy landscape that is resilient, sustainable, and inclusive.

 

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TVA faces federal scrutiny over climate goals, electricity rates

TVA Rates and Renewable Energy Scrutiny spotlights electricity rates, distributed energy resources, solar and wind deployment, natural gas plans, grid access charges, energy efficiency cuts, and House oversight of lobbying, FERC inquiries, and least-cost planning.

 

Key Points

A congressional probe into TVA pricing and practices affecting renewables, energy efficiency, and climate goals.

✅ House panel probes TVA rates, DER and solar policies.

✅ Efficiency programs cut; least-cost planning questioned.

✅ Inquiry on lobbying, hidden fees; FERC scrutiny.

 

The Tennessee Valley Authority is facing federal scrutiny about its electricity rates and climate action, amid ongoing debates over network profits in other markets.

Members of the House Committee on Energy and Commerce are “requesting information” from TVA about its ratepayer bills and “out of concern” that TVA is interfering with the deployment of renewable and distributed energy resources, even as companies such as Tesla explore electricity retail to expand customer options.

“The Committee is concerned that TVA’s business practices are inconsistent with these statutory requirements to the disadvantage of TVA’s ratepayers and the environment,” the committee said in a letter to TVA CEO Jeffrey Lyash.

The four committee members — U.S. Reps. Frank Pallone, Jr. (D-NJ), Bobby L. Rush (D-IL), Diana DeGette (D-CO), and Paul Tonko (D-NY) — suggested that Tennessee Valley residents pay too much for electricity despite TVA’s relatively low rates, even as regulators have, in other cases, scrutinized mergers like the Hydro One-Avista deal to safeguard ratepayers, underscoring similar concerns. In 2020, Tennessee residents had electric bills higher than the national average, while low-income residents in Memphis have historically faced one of the highest energy burdens in the U.S.

In 2018, TVA reduced its wholesale rate while adding a grid access charge on local power companies—and interfered with the adoption of solar energy. Internal TVA documents obtained through a Freedom of Information Act request by the Energy and Policy Institute revealed that TVA permitted local power companies to impose new fees on distributed solar generation to “lessen the potential decrease in TVA load that may occur through the adoption of [behind the meter] generation.”

Additionally, the committee said TVA is not prioritizing energy conservation and efficiency or “least-cost planning” that includes renewables, as seen in oversight such as the OEB's Hydro One rates decision emphasizing cost allocation. TVA reduced its energy efficiency programs by nearly two-thirds between 2014 and 2018 and cut its energy efficiency customer incentive programs.

At this time, TVA has not aligned its long-term planning with the Biden administration’s goal to achieve a carbon-free electricity sector by 2035. TVA’s generation mix, which is roughly 60% carbon-free, comprises 39% nuclear, 19% coal, 26% natural gas, 11% hydro, 3% wind and solar, and 1% energy efficiency programs, according to TVA.

The committee is “greatly concerned that TVA has invested comparatively little to date in deploying solar and wind energy, while at the same time considering investments in new natural gas generation.”

TVA has announced plans to shutter the Kingston and Cumberland coal plants and is evaluating whether to replace this generation with natural gas, which is a fossil fuel, while debates over grid privatization raise questions about consumer benefits. TVA’s coal and natural gas plants represent most of the largest sources of greenhouses emissions in Tennessee.

TVA responded with a statement without directly addressing the committee’s concerns. TVA said its “developing and implementing emerging technologies to drive toward net-zero emissions by 2050.”

The final question that the House committee posed is whether TVA is funding any political activity. In 2019, the committee questioned TVA about its membership to the now-disbanded Utility Air Regulatory Group, a coalition that was involved in over 200 lawsuits that primarily fought Clear Air Act regulations.

TVA revealed that it had contributed $7.3 million to the industry lobbying group since 2001. Since TVA doesn’t have shareholders, customers paid for UARG membership fees, echoing findings that deferred utility costs burden customers in other jurisdictions. An Office of the Inspector General investigation couldn’t prove whether TVA’s contributions directly funded litigation because UARG didn’t have a line-by-line accounting of what they did with TVA’s dollars.

The congressional committee questioned whether TVA is still paying for lobbying or litigation that opposes “public health and welfare regulations.”

This last question follows a recent trend of questioning utilities about “hidden fees.” In December, the Federal Energy Regulatory Commission issued a Notice of Inquiry to examine how bills from investor-owned utilities might contain fees that fund political activity, and regulators have penalized firms like NT Power over customer notice practices, highlighting consumer protection. The Center for Biological Diversity filed a petition to protect electric and gas customers of investor-owned utilities from paying these fees, which may be used for lobbying, campaign-related donations and litigation.

 

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Why an energy crisis and $5 gas aren't spurring a green revolution

U.S. Energy Transition Delays stem from grid bottlenecks, permitting red tape, solar tariff uncertainty, supply-chain shocks, and scarce affordable EVs, risking deeper fossil fuel lock-in despite climate targets for renewables, transmission expansion, and decarbonization.

 

Key Points

Delays driven by grid limits, permitting, and supply shocks that slow renewables, transmission, EVs, and decarbonization.

✅ Grid interconnection and transmission backlogs stall renewables

✅ Tariff probes and supply chains disrupt utility-scale solar

✅ Permitting, policy gaps, and EV costs sustain fossil fuel use

 

Big solar projects are facing major delays. Plans to adapt the grid to clean energy are confronting mountains of red tape. Affordable electric vehicles are in short supply.

The United States is struggling to squeeze opportunity out of an energy crisis that should have been a catalyst for cleaner, domestically produced power. After decades of putting the climate on the back burner, the country is finding itself unprepared to seize the moment and at risk of emerging from the crisis even more reliant on fossil fuels.

10 steps you can take to lower your carbon footprint
The problem is not entirely unique to the United States. Across the globe, climate leaders are warning that energy shortages including coal and nuclear disruptions prompted by Russia’s unprovoked invasion of Ukraine and high gas prices driven by inflation threaten to make the energy transition an afterthought — potentially thwarting efforts to keep global temperature rise under 1.5 degrees Celsius.

“The energy crisis exacerbated by the war in Ukraine has seen a perilous doubling down on fossil fuels by the major economies,” U.N. Secretary General António Guterres said at a conference in Vienna on Tuesday, according to prepared remarks. He warned governments and investors that a failure to immediately and more aggressively embrace clean energy could be disastrous for the planet.

U.S. climate envoy John F. Kerry suggested that nations are falling prey to a flawed logic that fossil fuels will help them weather this period of instability, undermining U.S. national security and climate goals, which has seen gas prices climb to a record-high national average of $5 per gallon. “You have this new revisionism suggesting that we have to be pumping oil like crazy, and we have to be moving into long-term [fossil fuel] infrastructure building,” he said at the Time100 Summit in New York this month. “We have to push back.”

Climate envoy John F. Kerry attends the Summit of the Americas in Los Angeles on June 8. Kerry has criticized the tendency to turn toward fossil fuels in times of uncertainty. (Apu Gomes/AFP/Getty Images)
In the United States — the world’s second-largest emitter of greenhouse gases after China — the hurdles go beyond the supply-chain crisis and sanctions linked to the war in Ukraine. The country’s lofty goals for all carbon pollution to be gone from the electricity sector by 2035 and for half the cars sold to be electric by 2030 are jeopardized by years of neglect of the electrical grid, regulatory hurdles that have set projects back years, and failures by Congress and policymakers to plan ahead.
The challenges are further compounded by plans to build costly new infrastructure for drilling and exporting natural gas that will make it even harder to transition away from the fossil fuel.

“We are running into structural challenges preventing consumers and businesses from going cleaner, even at this time of high oil and gas prices,” said Paul Bledsoe, a climate adviser in the Clinton administration who now works on strategy at the Progressive Policy Institute, a center-left think tank. “It is a little alarming that even now, Congress is barely talking about clean energy.”

Consumers are eager for more wind and solar. Companies looking to go carbon-neutral are facing growing waitlists for access to green energy, and a Pew Research Center poll in late January found that two-thirds of Americans want the United States to prioritize alternative energy over fossil fuel production.

But lawmakers have balked for more than a decade at making most of the fundamental economic and policy changes such as a clean electricity standard that experts widely agree are crucial to an orderly and accelerated energy transition. The United States does not have a tax on carbon, nor a national cap-and-trade program that would reorient markets toward lowering emissions. The unraveling in Congress of President Biden’s $1.75 trillion Build Back Better plan has added to the head winds that green-energy developers face, even as climate law results remain mixed.

Vice President Harris tours electric school buses at Meridian High School in Falls Church, Va., on May 20. (Mandel Ngan/AFP/Getty Images)
“There is literally nothing pushing this forward in the U.S. beyond the tax code and some state laws,” said Heather Zichal, a former White House climate adviser who is now the chief executive of the American Clean Power Association.

The effects of the U.S. government’s halting approach are being felt by solar-panel installers, who saw the number of projects in the most recent quarter fall to the lowest level since the pandemic began. There was 24 percent less solar installed in the first quarter of 2022 than in the same quarter of 2021.

The holdup largely stems from a Commerce Department investigation into alleged tariff-dodging by Chinese manufacturers. Faced with the potential for steep retroactive penalties, hundreds of industrial-scale solar projects were frozen in early April. Weak federal policies to encourage investment in solar manufacturing left American companies ill-equipped to fill the void.

“We shut down multiple projects and had to lay off dozens of people,” said George Hershman, chief executive of SOLV Energy, which specializes in large solar installations. SOLV, like dozens of other solar companies, is now scrambling to reassemble those projects after the administration announced a pause of the tariffs.

Meanwhile, adding clean electricity to the aging power grid has become an increasingly complicated undertaking, given the failure to plan for adequate transmission lines and long delays connecting viable wind and solar projects to the electricity network.

 

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California Blackouts reveal lapses in power supply

California Electricity Reliability covers grid resilience amid heat waves, rolling blackouts, renewable energy integration, resource adequacy, battery storage, natural gas peakers, ISO oversight, and peak demand management to keep homes, businesses, and industry powered.

 

Key Points

Dependable California power delivery despite heat waves, peak demand, and challenges integrating renewables into grid.

✅ Rolling blackouts revealed gaps in resource adequacy.

✅ Early evening solar drop requires fast ramping and storage.

✅ Agencies pledge planning reforms and flexible backup supply.

 

One hallmark of an advanced society is a reliable supply of electrical energy for residential, commercial and industrial consumers. Uncertainty that California electricity will be there when we need it it undermines social cohesion and economic progress, as demonstrated by the travails of poor nations with erratic energy supplies.

California got a small dose of that syndrome in mid-August when a record heat wave struck the state and utilities were ordered to impose rolling blackouts to protect the grid from melting down under heavy air conditioning demands.

Gov. Gavin Newsom quickly demanded that the three overseers of electrical service to most of the state - the Public Utilities Commission, the Energy Commission and the California Independent Service Operator – explain what went wrong.

"These blackouts, which occurred without prior warning or enough time for preparation, are unacceptable and unbefitting of the nation's largest and most innovative state," Newsom wrote. "This cannot stand. California residents and businesses deserve better from their government."

Initially, there was some fingerpointing among the three entities. The blackouts had been ordered by the California Independent System Operator, which manages the grid and its president, Steve Berberich, said he had warned the Public Utilities Commission about the potential supply shortfall facing the state.

"We have indicated in filing after filing after filing that the resource adequacy program was broken and needed to be fixed," he said. "The situation we are in could have been avoided."

However, as political heat increased, the three agencies hung together and produced a joint report that admitted to lapses of supply planning and grid management and promised steps to avoid a repeat next summer.

"The existing resource planning processes are not designed to fully address an extreme heat storm like the one experienced in mid August," their report said. "In transitioning to a reliable, clean and affordable resource mix, resource planning targets have not kept pace to lead to sufficient resources that can be relied upon to meet demand in the early evening hours. This makes balancing demand and supply more challenging."

Although California's grid had experienced greater heat-related demands in previous years, most notably 2006, managers then could draw standby power from natural gas-fired plants and import juice from other Western states when necessary.

Since then, the state has shut down a number of gas-fired plants and become more reliant on renewable but less reliable sources such as windmills and solar panels.

August's air conditioning demand peaked just as output from solar panels was declining with the setting of the sun and grid managers couldn't tap enough electrons from other sources to close the gap.

While the shift to renewables didn't, unto itself, cause the blackouts, they proved the need for a bigger cushion of backup generation or power storage in batteries or some other technology. The Public Utilities Commission, as Beberich suggested, has been somewhat lax in ordering development of backup supply.

In the aftermath of the blackouts, the state Water Resources Control Board, no doubt with direction from Newsom's office, postponed planned shutdowns of more coastal plants, which would have reduced supply flexibility even more.

Shifting to 100% renewable electricity, the state's eventual goal, while maintaining reliability will not get any easier. The state's last nuclear plant, Diablo Canyon, is ticketed for closure and demand will increase as California eliminates gasoline- and diesel-powered vehicles in favor of "zero emission vehicles" as part of its climate policies push and phases out natural gas in homes and businesses.

Politicians such as Newsom and legislators in last week's blackout hearing may endorse a carbon-free future in theory, but they know that they'll pay the price as electricity prices climb if nothing happens when Californians flip the switch.

 

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Cost, safety drive line-burying decisions at Tucson Electric Power

TEP Undergrounding Policy prioritizes selective underground power lines to manage wildfire risk, engineering costs, and ratepayer impacts, balancing transmission and distribution reliability with right-of-way, safety, and vegetation management per Arizona regulators.

 

Key Points

A selective TEP approach to bury lines where safety, engineering, and cost justify undergrounding.

✅ Selective undergrounding for feeders near substations

✅ Balances wildfire mitigation, reliability, and ratepayer costs

✅ Follows ACC rules, BLM and USFS vegetation management

 

Though wildfires in California caused by power lines have prompted calls for more underground lines, Tucson Electric Power Co. plans to keep to its policy of burying lines selectively for safety.

Like many other utilities, TEP typically doesn’t install its long-range, high-voltage transmission lines, such as the TransWest Express project, and distribution equipment underground because of higher costs that would be passed on to ratepayers, TEP spokesman Joe Barrios said.

But the company will sometimes bury lower-voltage lines and equipment where it is cost-effective or needed for safety as utilities adapt to climate change across North America, or if customers or developers are willing to pay the higher installation costs

Underground installations generally include additional engineering expenses, right-of-way acquisition for projects like the New England Clean Power Link in other regions, and added labor and materials, Barrios said.

“This practice avoids passing along unnecessary costs to customers through their rates, so that all customers are not asked to subsidize a discretionary expenditure that primarily benefits residents or property owners in one small area of our service territory,” he said, adding that the Arizona Corporation Commission has supported the company’s policy.

Even so, TEP will place equipment underground in some circumstances if engineering or safety concerns, including electrical safety tips that utilities promote during storm season, justify the additional cost of underground installation, Barrios said.

In fact, lower-voltage “feeder” lines emerging from distribution substations are typically installed underground until the lines reach a point where they can be safely brought above ground, he added.

While in California PG&E has shut off power during windy weather to avoid wildfires in forested areas traversed by its power lines after events like the Drum Fire last June, TEP doesn’t face the same kind of wildfire risk, Barrios said.

Most of TEP’s 5,000 miles of transmission and distribution lines aren’t located in heavily forested areas that would raise fire concerns, though large urban systems have seen outages after station fires in Los Angeles, he said.

However, TEP has an active program of monitoring transmission lines and trimming vegetation to maintain a fire-safety buffer zone and address risks from vandalism such as copper theft where applicable, in compliance with federal regulations and in cooperation with the U.S. Bureau of Land Management and the U.S. Forest Service.

 

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

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

 

Key Points

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

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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