Hydropower firm eyes rival

By China Daily


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China's leading hydropower operator is preparing to buy a stake in a local counterpart in an effort to diversify and enhance its long-term development.

According to a public statement to the Shanghai Stock Exchange, China Yangtze Power Company plans to buy a 45 percent stake in Hubei Provincial Energy Group Co. for 3.1 billon yuan.

The move will diversify the firm's power-generating structure and boost growth in the long run by increasing its output, the company said.

Yangtze Power will gain about 2.01 million kilowatts of installed capacity through the acquisition, the Beijing-based firm said.

Analysts said the hydropower giant needed to strengthen its fire-powered electricity generating capability to enrich capacity.

"The firm's strength is hydropower capacity. But hydropower has its peak and low seasons. Given this, it is natural the energy powerhouse would diversify its capacity structure," said Han Xiaoping, executive vice-president of Beijing Falcon Pioneer Technology Co Ltd.

Yangtze Power made clear that it was buying Hubei Energy because the local company had not only hydropower but also fire-powered capacity: "The investment will help the company avoid operational risks caused by natural conditions.

"Another reason leading to the deal is that Hubei is an important market close to Yangtze Power's capacity."

Hubei Energy owns 5.38 million kilowatts of power capacity, of which 2.33 million kilowatts are in operation and 3.05 million kilowatts are under construction.

According to Han, it is inevitable Chinese energy giants will consolidate their position and power by seeking mergers and acquisitions (M&As) this year.

"As long as these M&As can fit the companies' profitability requirements, these deals can play positive roles in reshuffling and consolidating regional power capacity layout," Han said.

In an earlier interview with China Daily, Cao Guangjing, vice- president of Yangtze Power's parent company, said the firm is always seeking suitable power assets around the country to boost its portfolio and improve profitability.

In another statement, Yangtze Power, operator of the world's biggest hydropower project, the Three Gorges Dam, said 2006 profit rose 8.3 percent to 3.62 billion yuan.

Bloomberg reported the firm's sales fell 4.7 percent to 6.92 billion yuan, according to its preliminary earnings statement. It did not elaborate as to why sales had dropped.

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California Skirts Blackouts With Heat Wave to Test Grid Again

California Heatwave Power Crisis strains CAISO as record demand triggers emergency alerts, demand response, and rolling blackout warnings. PG&E prepares outages while solar fades at peak, drought cuts hydropower, and reliability hinges on conservation.

 

Key Points

Extreme heat driving record demand in California, straining CAISO and prompting conservation to avert rolling blackouts.

✅ CAISO hit a record 52 GW peak load amid triple-digit heat

✅ Emergency alerts spurred demand response, cutting load spikes

✅ Solar drop and drought-weakened hydro worsened evening shortfall

 

California narrowly avoided blackouts for a second successive day even as blistering temperatures pushed electricity demand to a record and stretched the state’s power grid close to its limits.

The state imposed its highest level of energy emergency for several hours late Tuesday and urged consumers to turn off lights, curb air conditioners and shut off power-hungry appliances after a day of extraordinary stress on electricity infrastructure as temperatures in many regions topped 110 degrees Fahrenheit (43 Celsius).

Electricity use had reached 52 gigawatts Tuesday, easily breaking a record that stood since 2006, according to the California Independent System Operator. The state issued emergency alerts direct to cell phones in several counties asking for immediate power conservation, and grid data show that demand plunged in response. Emergency measures were finally lifted at about 9 p.m. local time.

Much of California remains under an excessive heat warning through Friday, with authorities already preparing for more severe pressure on the power system on Wednesday amid a looming supply shortage across the grid. “We aren’t out of the woods yet,” Governor Gavin Newsom said in a message posted on his office’s Twitter account. “We will see continued extreme temps this week and if we rallied today, we can do it again.”

The state’s largest power company, PG&E Corp. said earlier Tuesday that it had notified about 525,000 homes and businesses that they could lose power for up to two hours. That warning came as temperatures in downtown Sacramento hit 116 degrees Fahrenheit, topping a previous 1925 record.

Newsom earlier signed an executive order extending until Friday emergency measures to free up additional power supplies, rather than allowing them to expire as planned on Wednesday. Many state buildings were ordered to power down lights and air conditioning at 4 p.m., and he urged residents and businesses to conserve the equivalent of 3 gigawatts of power in order to stave off blackouts. 

California's Early Brush With Blackouts Bodes Ill For Days Ahead
The downtown skyline during a heatwave in Los Angeles.Photographer: Eric Thayer/Bloomberg
California faced a similar energy emergency Monday, which was alleviated in part by activating temporary gas-fired power plants operated by the California Department of Water Resources. The current heat wave, which began in the last week of August, is remarkable in both its ferocity and duration, according to officials. 

The prospect of outages underscores how grids have become vulnerable in the face of extreme weather as California transitions from fossil fuels to renewable energy, an approach it is increasingly exporting to Western states as well. California's climate policies have aggressively closed natural-gas power plants in recent years, leaving the state increasingly dependent on solar farms that go dark late in the day just as electricity demand peaks. At the same time, the state is enduring the Southwest’s worst drought in 1,200 years, sapping hydropower production.

The average 15-minute wholesale power price in Caiso surged to $1,806 a megawatt-hour at 4:45 p.m. local time, according to the grid operator’s website.

Average day-ahead prices top $300 a megawatt-hour in Southern California
  
A break from the heat will come across Southern California later this week, thanks to Tropical Storm Kay in the Pacific Ocean, according to weather officials. Kay is forecast to edge up the coastline of Mexico’s Baja California peninsula. As it moves north, the storm will pump moisture and clouds into Southern California and Arizona, taking an edge off the heat.

 

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PG&E keeps nearly 60,000 Northern California customers in the dark to reduce wildfire risk

PG&E Public Safety Power Shutoff reduces wildfire risk during extreme winds, triggering de-energization across the North Bay and Sierra Foothills under red flag warnings, with safety inspections and staged restoration to improve grid resilience.

 

Key Points

A utility protocol to de-energize lines during extreme fire weather, reducing ignition risks and improving grid safety.

✅ Triggered by red flag warnings, humidity, wind, terrain

✅ Temporary de-energization of transmission and distribution lines

✅ Inspections precede phased restoration to minimize wildfire risk

 

PG&E purposefully shut off electricity to nearly 60,000 Northern California customers Sunday night, aiming to mitigate wildfire risks from power lines during extreme winds.

Pacific Gas and Electric planned to restore power to 70 percent of affected customers in the North Bay and Sierra Foothills late Monday night. As crews inspect lines for safety by helicopter, vehicles and on foot, the remainder will have power sometime Tuesday.

While it was the first time the company shut off power for public safety, PG&E announced its criteria and procedures for such an event in June, said spokesperson Paul Doherty. After wildfires devastated Northern California's wine country last October, he added, PG&E developed its community wildfire safety program division to make power grids and communities more resilient, and prepares for winter storm season through enhanced local response. 

Two sagging PG&E power lines caused one of those wildfires during heavy winds, killing four people and injuring a firefighter, the California Department of Forestry and Fire Protection determined earlier this month. Trees or tree branches hitting PG&E power lines started another four wildfires in October 2017. Altogether, the power company has been blamed for igniting 13 wildfires last year.

"We're adapting our electric system our operating practices to improve safety and reliability," Doherty said of the safety program. "That's really the bottom line for us."

Turning off power to so many customers was a "last resort given the extreme fire danger conditions these communities are experiencing," Pat Hogan, senior vice president of electric operations, said in a statement. Conditions that led the company to shut off power included the National Weather Service's red flag fire warnings, humidity levels, sustained winds, temperature, dry fuel and local terrain, Doherty said, amid possible rolling blackouts during grid strain.

The company de-energized more than 78 miles of transmission lines and more than 2,150 miles of distribution power lines Sunday night. Many schools in the area were closed Monday because of the planned power outage, highlighting unequal access to electricity across communities.

Late Saturday and early Sunday, PG&E warned 97,000 customers in 12 counties that the shut off might go into effect. Through automated calls, texts and emails, the company encouraged customers to have drinking water, canned food, flashlights, prescriptions and baby supplies on hand.

Power was also turned off in Southern California on Monday.

San Diego Gas & Electric turned off service to about 360 customers near Cleveland National Forest, where multiple fires have scorched large swaths of land in recent years.

SDG&E has pre-emptively shut off power to customers in the past, most recently in December when 14,000 customers went without power.

Southern California Edison, the primary electric provider across Southern California — including Los Angeles — has a similar power shutoff program. As of Monday night, SCE had yet to turn off power in any of its service areas, a spokesperson told USA TODAY.

 

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Tracking Progress on 100% Clean Energy Targets

100% Clean Energy Targets drive renewable electricity, decarbonization, and cost savings through state policies, CCAs, RECs, and mandates, with timelines and interim goals that boost jobs, resilience, and public health across cities, counties, and utilities.

 

Key Points

Policies for cities and states to reach 100% clean power by set dates, using mandates, RECs, and interim goals.

✅ Define eligible clean vs renewable resources

✅ Mandate vs goal framework with enforcement

✅ Timelines with interim targets and escape clauses

 

“An enormous amount of authority still rests with the states for determining your energy future. So we can build these policies that will become a postcard from the future for the rest of the country,” said David Hochschild, chair of the California Energy Commission, speaking last week at a UCLA summit on state and local progress toward 100 percent clean energy.

According to a new report from the UCLA Luskin Center for Innovation, 13 states, districts and territories, as well as more than 200 cities and counties, with standout clean energy purchases by Southeast cities helping drive momentum, have committed to a 100 percent clean electricity target — and dozens of cities have already hit it.

This means that one of every three Americans, or roughly 111 million U.S. residents representing 34 percent of the population, live in a community that has committed to or has already achieved 100 percent clean electricity, including communities like Frisco, Colorado that have set ambitious targets.

“We’re going to look back on this moment as the moment when local action and state commitments began to push the entire nation toward this goal,” said J.R. DeShazo, director of the UCLA Luskin Center for Innovation.

Not all 100 percent targets are alike, however. The report notes that these targets vary based on 1) what resources are eligible, 2) how binding the 100 percent target is, and 3) how and when the target will be achieved.

These distinctions will carry a lot of weight as the policy discussion shifts from setting goals to actually meeting targets. They also have implications for communities in terms of health benefits, cost savings and employment opportunities.

 

100% targets come in different forms

One key attribute is whether a target is based on "renewable" or "clean" energy resources. Some 100 percent targets, like Hawaii’s and Rhode Island’s 2030 plan, are focused exclusively on renewable energy, or sources that cannot be depleted, such as wind, solar and geothermal. But most jurisdictions use the broader term “clean energy,” which can also include resources like large hydroelectric generation and nuclear power.

States also vary in their treatment of renewable energy certificates, used to track and assign ownership to renewable energy generation and use. Unbundled RECs allow for the environmental attributes of the renewable energy resource to be purchased separately from the physical electricity delivery.

The binding nature of these targets is also noteworthy. Seven states, as well as Puerto Rico and the District of Columbia, have passed 100 percent clean energy transition laws. Of the jurisdictions that have passed 100 percent legislation, all but one specifies that the target is a “mandate,” according to the report. Nevada is the only state to call the target a “goal.”

Governors in four other states have signed executive orders with 100 percent clean energy goals.

Target timelines also vary. Washington, D.C. has set the most ambitious target date, with a mandate to achieve 100 percent renewable electricity by 2032. Other states and cities have set deadline years between 2040 and 2050. All "100 percent" state laws, and some city and county policies, also include interim targets to keep clean energy deployment on track.

In addition, some locations have included some form of escape clause. For instance, Salt Lake City, which last month passed a resolution establishing a goal of powering the county with 100 percent clean electricity by 2030, included “exit strategies” in its policy in order to encourage stakeholder buy-in, said Mayor Jackie Biskupski, speaking last week at the UCLA summit.

“We don’t think they’ll get used, but they’re there,” she said.

Other locales, meanwhile, have decided to go well beyond 100 percent clean electricity. The State of California and 44 cities have set even more challenging targets to also transition their entire transportation, heating and cooling sectors to 100 percent clean energy sources, and proposals like requiring solar panels on new buildings underscore how policy can accelerate progress across sectors.

Businesses are simultaneously electing to adopt more clean and renewable energy. Six utilities across the United States have set their own 100 percent clean or carbon-free electricity targets. UCLA researchers did not include populations served by these utilities in their analysis of locations with state and city 100 percent clean commitments.

 

“We cannot wait”

All state and local policies that require a certain share of electricity to come from renewable energy resources have contributed to more efficient project development and financing mechanisms, which have supported continued technology cost declines and contributed to a near doubling of renewable energy generation since 2008.

Many communities are switching to clean energy in order to save money, now that the cost calculation is increasingly in favor of renewables over fossil fuels, as more jurisdictions get on the road to 100% renewables worldwide. Additional benefits include local job creation, cleaner air and electricity system resilience due to greater reliance on local energy resources.

Another major motivator is climate change. The electricity sector is responsible for 28 percent of U.S. greenhouse gas emissions, second only to transportation. Decarbonizing the grid also helps to clean up the transportation sector as more vehicles move to electricity as their fuel source.

“The now-constant threat of wildfires, droughts, severe storms and habitat loss driven by climate change signals a crisis we can no longer ignore,” said Carla Peterman, senior vice president of regulatory affairs at investor-owned utility Southern California Edison. “We cannot wait and we should not wait when there are viable solutions to pursue now.”

Prior to joining SCE on October 1, Peterman served as a member of the California Public Utilities Commission, which implements and administers renewable portfolio standard (RPS) compliance rules for California’s retail sellers of electricity. California’s target requires 60 percent of the state’s electricity to come from renewable energy resources by 2030, and all the state's electricity to come from carbon-free resources by 2045.  

 

How CCAs are driving renewable energy deployment

One way California communities are working to meet the state’s ambitious targets is through community-choice aggregation, especially after California's near-100% renewable milestone underscored what's possible, via which cities and counties can take control of their energy procurement decisions to suit their preferences. Investor-owned utilities no longer purchase energy for these jurisdictions, but they continue to operate the transmission and distribution grid for all electricity users.                           

A second paper released by the Luskin Center for Innovation in recent days examines how community-choice aggregators are affecting levels of renewable energy deployment in California and contributing to the state’s 100 percent target.

The paper finds that 19 CCAs have launched in California since 2010, growing to include more than 160 towns, cities and counties. Of those communities, 64 have a 100 percent renewable or clean energy policy as their default energy program.

Because of these policies, the UCLA paper finds that “CCAs have had both direct and indirect effects that have led to increases in the clean energy sold in excess of the state’s RPS.”

From 2011 to 2018, CCAs directly procured 24 terawatt-hours of RPS-eligible electricity, 11 TWh of which have been voluntary or in excess of RPS compliance, according to the paper.

The formation of CCAs has also had an indirect effect on investor-owned utilities. As customers have left investor-owned utilities to join CCAs, the utilities have been left holding contracts for more renewable energy than they need to comply with California’s clean energy targets, amid rising solar and wind curtailments that complicate procurement decisions. UCLA researchers estimate that this indirect effect of CCA formation has left IOUs holding 13 terawatt-hours in excess of RPS requirements.

The paper concludes that CCAs have helped to accelerate California’s ability to meet state renewable energy targets over the past decade. However, the future contributions of CCAs to the RPS are more uncertain as communities make new power-purchasing decisions and utilities seek to reduce their excess renewable energy contracts.

“CCAs offer a way for communities to put their desire for clean energy into action. They're growing fast in California, one of only eight states where this kind of mechanism is allowed," said UCLA's Kelly Trumbull, an author of the report. "State and federal policies could be reformed to better enable communities to meet local demand for renewable energy.”

 

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Ontario Government Consults On Changes To Industrial Electricity Pricing And Programs

Ontario electricity pricing consultations will gather business input on OEB rate design, Industrial Conservation Initiative, dynamic pricing, global adjustment, and system costs through online feedback and sector-specific in-person sessions province-wide.

 

Key Points

Consultations gathering business input on rates, programs, and OEB policy to improve fairness and reduce system costs.

✅ Consults on ICI, GA, dynamic pricing structures

✅ Seeks views on OEB C&I rate design changes

✅ In-person sessions across key industrial sectors

 

The Ontario government has announced plans to hold consultations to seek input from businesses about industrial electricity pricing and programs. This will be done through Ontario's online consultations directory and though in-person sector-specific consultation sessions across the province. The in-person sessions will be held in all areas of Ontario, and will target "key industries," including automotive and the build-out of electric vehicle charging stations infrastructure, forestry, mining, agriculture, steel, manufacturing and chemicals.

On April 1, 2019, the Ontario government published a consultation notice for this process, confirming that it is looking for input on "electricity rate design, existing tax-based incentives, reducing system costs and regulatory and delivery costs," including related proposals such as the hydrogen rate reduction proposal under discussion. The consultation process includes a list of nine questions for respondents (and presumably participants in the in-person sessions) to address. These include questions about:

The benefits of the Industrial Conservation Initiative (described below), including how it could be changed to improve fairness and industrial competitiveness, and how it could complement programs like the Hydrogen Innovation Fund that support industrial innovation.

Dynamic pricing structures that allow for lower rates in return for responding to price signals versus a flat rate structure that potentially costs more, but is more stable and predictable, as Ontario's energy storage expansion accelerates.

Interest in an all-in commodity contract with an electricity retailer, even if it involves a risk premium.

Interested parties are invited to submit their comments before May 31, 2019.

The government's consultation announcement follows recent developments in the Ontario Energy Board's (OEB) review of electricity ratemaking for commercial and industrial customers, and intertie projects such as the Lake Erie Connector that could affect market dynamics.

In December 2018, the OEB published a paper from its Market Surveillance Panel (MSP) examining the Industrial Conservation Initiative (ICI), and potential alternative approaches. The ICI is a program that allows qualifying large industrial customers to base their global adjustment (GA) payments on their consumption during five peak demand hours in a year. Customers who find ways to reduce consumption at those times, perhaps through DERs and enabling energy storage options, will reduce their electricity costs. This shifts GA costs to other customers. The MSP found that the ICI does not fairly allocate costs to those who cause them and/or benefit from them, and recommends that a better approach should be developed.

In February 2019, the OEB released its Staff Report to the Board on Rate Design for Commercial and Industrial Electricity Customers, setting out recommendations for new rate designs for electricity commercial and industrial (C&I) rate classes as Ontario increasingly turns to battery storage to meet rising demand. As described in an earlier post, the Staff Report includes recommendations to: (i) establish a fixed distribution charge for commercial customers with demands under 10 kW; (ii) implement a demand charge (rather than the current volumetric charge) for C&I customers with demands between 10kW and 50kW; and (iii) introduce a "capacity reserve charge" for customers with load displacement generation to replace stand-by charges and provide for recognition of the benefits of this generation on the system. The OEB held a stakeholder information session in mid-March on this initiative, and interested parties are now filing submissions in response to the Staff Report.

Whether and how the OEB's processes will fit together with the government's consultation process remains to be seen.

 

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Britain breaks record for coal-free power generation - but what does this mean for your energy bills?

UK Coal-Free Electricity Record highlights rapid growth in renewables as National Grid phases out coal; wind, solar, and offshore projects surge, green tariffs expand, and energy comparison helps consumers switch to cheaper, cleaner deals.

 

Key Points

Britain's longest coal-free run, enabled by renewables, lower demand, and grid shifts for cheaper, greener tariffs.

✅ Record set after two months without coal-fired generation

✅ Renewables outpace fossil fuels; wind and solar dominate

✅ Green tariffs expand; prices at three-year lows

 

On Wednesday 10 June, Britain hit a significant landmark: the UK went for two full months without burning coal to generate power – that's the longest period since the 1880s, following earlier milestones such as a full week without coal power in the recent past.

According to the National Grid, Britain has now run its electricity network without burning coal since midnight on the 9 April. This coal-free period has beaten the country’s previous record of 18 days, six hours and 10 minutes, which was set in June 2019, even though low-carbon generation stalled in 2019 according to analyses.

With such a shift in Britain’s drive for renewables and lower electricity demand following the coronavirus lockdown, as Britain recorded its cleanest electricity during lockdown to date, now may be the perfect time to do an online energy comparison and switch to a cheaper, greener deal.

Only a decade ago, around 40 per cent of Britain’s electricity came from coal generation, but since then the country has gradually shifted towards renewable energy, with the coal share at record lows in the system today. When Britain was forced into lockdown in response to the coronavirus pandemic, electricity demand dropped sharply, and the National Grid took the four remaining coal-fired plants off the network.

Over the past 10 years, Britain has invested heavily in renewable energy. Back in 2010, only 3 per cent of the country's electricity came from wind and solar, and many people remained sceptical. However, now, the UK has the biggest offshore wind industry in the world. Plus, last year, construction of the world’s single largest wind farm was completed off the coast of Yorkshire.

At the same time, Drax – Britain’s biggest power plant – has started to switch from burning coal to burning compressed wooden pellets instead, reflecting the UK's progress as it keeps breaking its coal-free energy record again across the grid. By this time next year, the plant hopes to have phased out coal entirely.

So far this year, renewables have generated more power than all fossil fuels put together, the BBC reports, and the energy dashboard shows the current mix in real time. Renewables have been responsible for 37 per cent of electricity supplied to the network, with wind and solar surpassing nuclear for the first time, while fossil fuels have accounted for 35 per cent. During the same period, nuclear accounted for 18 per cent and imports made up the remaining 10 per cent.

What does this mean for consumers?

As the country’s electricity supply moves more towards renewables, customers have more choice than ever before. Most of the ‘Big Six’ energy companies now have tariffs that offer 100 per cent green electricity. On top of this, specialist green energy suppliers such as Bulb, Octopus and Green Energy UK make it easier than ever to find a green energy tariff.

The good news is that our energy comparison research suggests that green energy doesn’t have to cost you more than a traditional fixed-price energy contract would. In fact, some of the cheapest energy suppliers are actually green companies.

At present, energy bills are at three-year lows, which means that now is the perfect time to switch supplier. As prices remain low and renewables begin to dominate the marketplace, more switchers will be drawn to green energy deals than ever before.

However, if you’re interested in choosing a green energy supplier, make sure that you look at the company's fuel mix. This way, you’ll be able to see whether they are guaranteeing the usage of green energy, or whether they’re just offsetting your usage. All suppliers must report how their energy is generated to Ofgem, so you’ll easily be able to compare providers.

You may find that you pay more for a supplier that generates its own energy from renewables, or pay less if the supplier simply matches your usage by buying green energy. You can decide which option is right for you after comparing the prices.

 

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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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