State sets lofty goal for wind energy

By Knight Ridder Tribune


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To meet Minnesota's renewable energy goals, Gov. Tim Pawlenty wants 800 megawatts of wind energy developed through a grassroots state program by 2010.

Unfortunately, just 2.5 megawatts of wind power are "up and spinning" at the moment, a state official said, leaving 797.5 megawatts to be installed within the next two years.

To get more wind turbines up and running quickly, Michael Bull, the assistant director of the Minnesota Office of Energy Security, said the Pawlenty administration is planning to propose tweaks to its 3-year-old Community-Based Energy Development program, hoping to attract more farmers and other landowners in windy parts of the state like the southwest to participate in wind projects.

Speaking to a wind energy conference in Bloomington sponsored by the law firm of Fredrikson & Byron, which advises on renewable energy, Bull said the state has 235 megawatts of C-BED wind power under contract, including 160 megawatts to Minneapolis-base Xcel Energy, and there are 630 more megawatts of C-BED wind power under negotiation with developers.

But the low number of projects already up and working is a concern. Bull is feeling pressured to meet the governor's goal, but it is not mandated by law. The state's renewable energy law requires 6,000 megawatts of electricity be produced through a renewable resource by 2025.

Under the law, Minnesota utilities must get at least 25 percent of their power from a renewable source by then, and Xcel Energy, the state's largest utility, must show 30 percent of its power came from a renewable source by 2020. The Energy Security Office is proposing changes to the C-BED law, as it is known, that would sweeten the rates allowed under the projects.

To avoid a rate increase for energy customers, however, the office wants each kilowatt of C-BED-produced energy to count more when it is used to offset conventionally produced energy. In other words, if a C-BED project using the new models develops 1 megawatt of wind energy, it will count anywhere from 1.1 megawatts to 1.2 megawatts toward the utility's goal of meeting its state mandate.

This adjustment for C-BED projects would shave about 70 megawatts of renewable energy off of the state mandate of 6,000 megawatts of wind energy by 2025, Bull said. The state also is hoping the changes will encourage utilities to work closer with wind projects to help them overcome the costs of creating a wind farm, Bull said.

He wants to encourage utilities that are developing their own wind farms to tack on C-BED projects and boost their total production.

"I've told the utilities we need you to be more proactive to get these projects up and running," Bull said. "It is not enough for you to sign a contract and sit back and wait to see what happens."

Renewable energy advocates generally support the changes but are wary about calculating C-BED-produced energy differently, said Beth Soholt, executive director of Wind on the Wires, an advocacy group for wind energy. Renewable energy advocates fought hard to get the state mandates and they worry that if an exception is made for C-BED, others might ask for similar exemptions.

"It's a slippery slope," Soholt said. "How would you say no to someone else?"

The proposals will be worked on in a task-force committee before they are submitted to the Legislature in March, Bull said. Soholt and Bull said they expect the differences can be worked out.

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Energize America: Invest in a smarter electricity infrastructure

Smart Grid Modernization unites distributed energy resources, energy storage, EV charging, advanced metering, and bidirectional power flows to upgrade transmission and distribution infrastructure for reliability, resilience, cybersecurity, and affordable, clean power.

 

Key Points

Upgrading grid hardware and software to integrate DERs, storage, and EVs for a reliable and affordable power system.

✅ Enables DER, storage, and EV integration with bidirectional flows

✅ Improves reliability, resilience, and grid cybersecurity

✅ Requires early investment in sensors, inverters, and analytics

 

Much has been written, predicted, and debated in recent years about the future of the electricity system. The discussion isn’t simply about fossil fuels versus renewables, as often dominates mainstream energy discourse. Rather, the discussion is focused on something much larger and more fundamental: the very design of how and where electricity should be generated, delivered, and consumed.

Central to this discussion are arguments in support of, or in opposition to, the traditional model versus that of the decentralized or “emerging” model. But this is a false choice. The only choice that needs making is how to best transition to a smarter grid, and do so in a reliable and affordable manner that reflects grid modernization affordability concerns for utilities today. And the most effective and immediate means to accomplish that is to encourage and facilitate early investment in grid-related infrastructure and technology.

The traditional, or centralized, model has evolved since the days of Thomas Edison, but the basic structure is relatively unchanged: generate electrons at a central power plant, transmit them over a unidirectional system of high-voltage transmission lines, and deliver them to consumers through local distribution networks. The decentralized, or emerging, model envisions a system that moves away from the central power station as the primary provider of electricity to a system in which distributed energy resources, energy storage, electric vehicles, peer-to-peer transactions, connected appliances and devices, and sophisticated energy usage, pricing, and load management software play a more prominent role.

Whether it’s a fully decentralized and distributed power system, or the more likely centralized-decentralized hybrid, it is apparent that the way in which electricity is produced, delivered, and consumed will differ from today’s traditional model. And yet, in many ways, the fundamental design and engineering that makes up today’s electric grid will serve as the foundation for achieving a more distributed future. Indeed, as the transition to a smarter grid ramps up, the grid’s basic structure will remain the underlying commonality, allowing the grid to serve as a facilitator to integrate emerging technologies, including EV charging stations, rooftop solar, demand-side management software, and other distributed energy resources, while maximizing their potential benefits and informing discussions about California’s grid reliability under ambitious transition goals.

A loose analogy here is the internet. In its infancy, the internet was used primarily for sending and receiving email, doing homework, and looking up directions. At the time, it was never fully understood that the internet would create a range of services and products that would impact nearly every aspect of everyday life from online shopping, booking travel, and watching television to enabling the sharing economy and the emerging “Internet of Things.”

Uber, Netflix, Amazon, and Nest would not be possible without the internet. But the rapid evolution of the internet did not occur without significant investment in internet-related infrastructure. From dial-up to broadband to Wi-Fi, companies have invested billions of dollars to update and upgrade the system, allowing the internet to maximize its offerings and give way to technological breakthroughs, innovative businesses, and ways to share and communicate like never before.  

The electric grid is similar; it is both the backbone and the facilitator upon which the future of electricity can be built. If the vision for a smarter grid is to deploy advanced energy technologies, create new business models, and transform the way electricity is produced, distributed, and consumed, then updating and modernizing existing infrastructure and building out new intelligent infrastructure need to be top priorities. But this requires money. To be sure, increased investment in grid-related infrastructure is the key component to transitioning to a smarter grid; a grid capable of supporting and integrating advanced energy technologies within a more digital grid architecture that will result in a cleaner, more modern and efficient, and reliable and secure electricity system.

The inherent challenges of deploying new technologies and resources — reliability, bidirectional flow, intermittency, visibility, and communication, to name a few, as well as emerging climate resilience concerns shaping planning today, are not insurmountable and demonstrate exactly why federal and state authorities and electricity sector stakeholders should be planning for and making appropriate investment decisions now. My organization, Alliance for Innovation and Infrastructure, will release a report Wednesday addressing these challenges facing our infrastructure, and the opportunities a distributed smart grid would provide. From upgrading traditional wires and poles and integrating smart power inverters and real-time sensors to deploying advanced communications platforms and energy analytics software, there are numerous technologies currently available and capable of being deployed that warrant investment consideration.

Making these and similar investments will help to identify and resolve reliability issues earlier, and address vulnerabilities identified in the latest power grid report card findings, which in turn will create a stronger, more flexible grid that can then support additional emerging technologies, resulting in a system better able to address integration challenges. Doing so will ease the electricity evolution in the long-term and best realize the full reliability, economic, and environmental benefits that a smarter grid can offer.  

 

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Hydropower Plants to Support Solar and Wind Energy

Solar-Wind-Water West Africa integrates hydropower with solar and wind to boost grid flexibility, clean electricity, and decarbonization, leveraging the West African Power Pool and climate data modeling reported in Nature Sustainability.

 

Key Points

A strategy using hydropower to balance solar and wind, enabling reliable, low-carbon electricity across West Africa.

✅ Hydropower dispatch covers solar and wind shortfalls.

✅ Regional interconnection via West African Power Pool.

✅ Cuts CO2 versus gas while limiting new dam projects.

 

Hydropower plants can support solar and wind power, rather unpredictable by nature, in a climate-friendly manner. A new study in the scientific journal Nature Sustainability has now mapped the potential for such "solar-wind-water" strategies for West Africa: an important region where the power sector is still under development, amid IEA investment needs for universal access, and where generation capacity and power grids will be greatly expanded in the coming years. "Countries in West Africa therefore now have the opportunity to plan this expansion according to strategies that rely on modern, climate-friendly energy generation," says Sebastian Sterl, energy and climate scientist at Vrije Universiteit Brussel and KU Leuven and lead author of the study. "A completely different situation from Europe, where power supply has been dependent on polluting power plants for many decades - which many countries now want to rid themselves of."

Solar and wind power generation is increasing worldwide and becoming cheaper and cheaper. This helps to keep climate targets in sight, but also poses challenges. For instance, critics often argue that these energy sources are too unpredictable and variable to be part of a reliable electricity mix on a large scale, though combining multiple resources can enhance project performance.

"Indeed, our electricity systems will have to become much more flexible if we are to feed large amounts of solar and wind power into the grid. Flexibility is currently mostly provided by gas power plants. Unfortunately, these cause a lot of CO2 emissions," says Sebastian Sterl, energy and climate expert at Vrije Universiteit Brussel (VUB) and KU Leuven. "But in many countries, hydropower plants can be a fossil fuel-free alternative to support solar and wind energy. After all, hydropower plants can be dispatched at times when insufficient solar and wind power is available."

The research team, composed of experts from VUB, KU Leuven, the International Renewable Energy Agency (IRENA), and Climate Analytics, designed a new computer model for their study, running on detailed water, weather and climate data. They used this model to investigate how renewable power sources in West Africa could be exploited as effectively as possible for a reliable power supply, even without large-scale storage, in line with World Bank support for wind in developing countries. All this without losing sight of the environmental impact of large hydropower plants.

"This is far from trivial to calculate," says Prof. Wim Thiery, climate scientist at the VUB, who was also involved in the study. "Hydroelectric power stations in West Africa depend on the monsoon; in the dry season they run on their reserves. Both sun and wind, as well as power requirements, have their own typical hourly, daily and seasonal patterns. Solar, wind and hydropower all vary from year to year and may be impacted by climate change, including projections that wind resources shift southward in coming years. In addition, their potential is spatially very unevenly distributed."

West African Power Pool

The study demonstrates that it will be particularly important to create a "West African Power Pool", a regional interconnection of national power grids to serve as a path to universal electricity access across the region. Countries with a tropical climate, such as Ghana and the Ivory Coast, typically have a lot of potential for hydropower and quite high solar radiation, but hardly any wind. The drier and more desert-like countries, such as Senegal and Niger, hardly have any opportunities for hydropower, but receive more sunlight and more wind. The potential for reliable, clean power generation based on solar and wind power, supported by flexibly dispatched hydropower, increases by more than 30% when countries can share their potential regionally, the researchers discovered.

All measures taken together would allow roughly 60% of the current electricity demand in West Africa to be met with complementary renewable sources, despite concerns about slow greening of Africa's electricity, of which roughly half would be solar and wind power and the other half hydropower - without the need for large-scale battery or other storage plants. According to the study, within a few years, the cost of solar and wind power generation in West Africa is also expected to drop to such an extent that the proposed solar-wind-water strategies will provide cheaper electricity than gas-fired power plants, which currently still account for more than half of all electricity supply in West Africa.

Better ecological footprint

Hydropower plants can have a considerable negative impact on local ecology. In many developing countries, piles of controversial plans for new hydropower plants have been proposed. The study can help to make future investments in hydropower more sustainable. "By using existing and planned hydropower plants as optimally as possible to massively support solar and wind energy, one can at the same time make certain new dams superfluous," says Sterl. "This way two birds can be caught with one stone. Simultaneously, one avoids CO2 emissions from gas-fired power stations and the environmental impact of hydropower overexploitation."

Global relevance

The methods developed for the study are easily transferable to other regions, and the research has worldwide relevance, as shown by a US 80% study on high variable renewable shares. Sterl: "Nearly all regions with a lot of hydropower, or hydropower potential, could use it to compensate shortfalls in solar and wind power." Various European countries, with Norway at the front, have shown increased interest in recent years to deploy their hydropower to support solar and wind power in EU countries. Exporting Norwegian hydropower during times when other countries undergo solar and wind power shortfalls, the European energy transition can be advanced.

 

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Renewable power developers discover more energy sources make better projects

Hybrid renewable energy projects integrate wind, solar, and battery storage to enhance grid reliability, reduce curtailment, and provide dispatchable power in markets like Alberta, leveraging photovoltaic tracking, overbuilt transformers, and improved storage economics.

 

Key Points

Hybrid renewable energy projects combine wind, solar, and storage to deliver reliable, dispatchable clean power.

✅ Combine wind, solar, and batteries for steady, dispatchable output

✅ Lower curtailment by using shared transformers and smart inverters

✅ Boost farm income via leases; diversify risk from oil and gas

 

Third-generation farmer James Praskach has been burned by the oil and gas sector and watched wicked weather pound his crops flat, but he is hoping a new kind of energy -- the renewable kind -- will pay dividends.

The 39-year-old is part of a landowner consortium that is hosting the sprawling 300-megawatt Blackspring Ridge wind power project in southeastern Alberta.

He receives regular lease payments from the $600-million project that came online in 2014, even though none of the 166 towering wind turbines that surround his land are actually on it.

His lease payments stand to rise, however, when and if the proposed 77-MW Vulcan Solar project, which won regulatory approval in 2016, is green-lighted by developer EDF Renewables Inc.

The panels would cover about 400 hectares of his family's land with nearly 300,000 photovoltaic solar panels in Alberta, installed on racks designed to follow the sun. It would stand in the way of traditional grain farming of the land, but that wouldn't have been a problem this year, Praskach says.

"This year we actually had a massive storm roll through. And we had 100 per cent hail damage on all of (the Vulcan Solar lands). We had canola, peas and barley on it this year," he said, adding the crop was covered by insurance.

Meanwhile, poor natural gas prices and a series of oilpatch financial failures mean rents aren't being paid for about half of the handful of gas wells on his land, showing how a province that is a powerhouse for both fossil and green energy can face volatility -- he's appealed to the Alberta surface Rights Board for compensation.

"(Solar power) would definitely add a level of security for our farming operations," said Praskach.

Hybrid power projects that combine energy sources are a growing trend as selling renewable energy gains traction across markets. Solar only works during the day and wind only when it is windy so combining the two -- potentially with battery storage or natural gas or biomass generation -- makes the power profile more reliable and predictable.

Globally, an oft-cited example is on El Hierro, the smallest of the Canary Islands, where wind power is used to pump water uphill to a reservoir in a volcanic crater so that it can be released to provide hydroelectric power when needed. At times, the project has provided 100 per cent of the tiny island's energy needs.

Improvements in technology such as improving solar and wind power and lower costs for storage mean it is being considered as a hybrid add-on for nearly all of its renewable power projects, said Dan Cunningham, manager of business development at Greengate Power Corp. of Calgary.

Grant Arnold, CEO of developer BluEarth Renewables, agreed.

"The barrier to date, I would say, has been cost of storage but that is changing rapidly," he said. "We feel that wind and storage or solar and storage will be a fundamental way we do business within five years. It's changing very, very rapidly and it's the product everybody wants."

Vulcan Solar was proposed after Blackspring Ridge came online, said David Warner, associate director of business development for EDF Renewables, which now co-owns the wind farm with Enbridge Inc.

"Blackspring actually had incremental capacity in the main power transformers," he said. "Essentially, it was capable of delivering more energy than Blackspring was producing. It was overbuilt."

Vulcan Solar has been sized to utilize the shortfall without producing so much energy that either will ever have to be constrained, he said. Much of the required environmental work has already been done for the wind farm.

Storage is being examined as a potential addition to the project but implementing it depends on the regulatory system. At present, Alberta's regulators are still working on how to permit and control what they call "dispatchable renewables and storage" systems.

EDF announced last spring it would proceed with the Arrow Canyon Solar Project in Nevada which is to combine 200 MW of solar with 75 MW of battery storage by 2022 -- the batteries are to soak up the sun's power in the morning and dispatch the electricity in the afternoon when Las Vegas casinos' air conditioning is most needed.

What is clear is that renewable energy will continue to grow, with Alberta renewable jobs expected to follow -- in a recent report, the International Energy Agency said global electricity capacity from renewables is set to rise by 50 per cent over the next five years, an increase equivalent to adding the current total power capacity of the United States.

The share of renewables is expected to rise from 26 per cent now to 30 per cent in 2024 but will remain well short of what is needed to meet long-term climate, air quality and energy access goals, it added.

 

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Ontario hydro rates set to increase Nov. 1, Ontario Energy Board says

Ontario Electricity Rebate clarifies hydro rates as OEB aligns bills with inflation, shows true cost per kilowatt hour, and replaces Fair Hydro Plan; transparent on-bill credit offsets increases tied to nuclear refurbishment and supply costs.

 

Key Points

A line-item credit on Ontario hydro bills that offsets higher electricity costs and reflects OEB-set rates.

✅ Starts Nov. 1 with rates in line with inflation

✅ Shows true per-kWh cost plus separate rebate line

✅ Driven by nuclear refurbishment and supply costs

 

The Ontario Energy Board says electricity rate changes for households and small businesses will be going up starting next week.

The agency says rates are scheduled to increased by about $1.99 or nearly 2% for a typical residential customer who uses 700 kilowatt hours per month.

The provincial government said in March it would continue to subsidize hydro rates, through legislation to lower rates, and hold any increases to the rate of inflation.

The OEB says the new rates, which the board says are “in line” with inflation, will take effect Nov. 1 as changes for electricity consumers roll out and could be noticed on bills within a few weeks of that date.

Prices are increasing partly due to government legislation aimed at reflecting the actual cost of supply on bills, and partly due to the refurbishment of nuclear facilities, contributing to higher hydro bills for some consumers.

So, effective November 1, Ontario electricity bills will show the true cost of power, after a period of a fixed COVID-19 hydro rate, and will include the new Ontario Electricity Rebate.

Previously the electricity rebate was concealed within the price-per-kilowatt-hour line item on electricity statements, prompting Hydro One bill redesign discussions to improve clarity. This meant customers could not see how much the government rebate was reducing their monthly costs, and bills did not display the true cost of electricity used.

"People deserve facts and accountability, especially when it comes to hydro costs," said Energy Minister Rickford.

The new Ontario Electricity Rebate will appear as a transparent on-bill line item and will replace the former government's Fair Hydro Plan says a government news release. This change comes in response to the Auditor General's special report on the former government's Fair Hydro Plan which revealed that "the government created a needlessly complex accounting/financing structure for the electricity rate reduction in order to avoid showing a deficit or an increase in net debt."

"The Electricity Distributors Association commends the government's commitment to making Ontario's electricity bills more transparent," said Teresa Sarkesian, President of the Electricity Distributors Association. "As the part of our electricity system that is closest to customers, local hydro utilities appreciated the opportunity to work with the government on implementing this important initiative. We worked to ensure that customers who receive their electricity bill will have a clear understanding of the true cost of power and the amount of their on-bill rebate. Local hydro utilities are focused on making electricity more affordable, reducing red tape, and providing customers with a modern and reliable electricity system that works for them."

The average customer will see the electricity line on their bill rise, showing the real cost per kilowatt hour. The new Ontario Electricity Rebate will compensate for that rise, and will be displayed as a separate line item on hydro bills. The average residential bill will rise in line with the rate of inflation.

 

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Its Electric Grid Under Strain, California Turns to Batteries

California Battery Storage is transforming grid reliability as distributed energy, solar-plus-storage, and demand response mitigate rolling blackouts, replace peaker plants, and supply flexible capacity during heat waves and evening peaks across utilities and homes.

 

Key Points

California Battery Storage uses distributed and utility batteries to stabilize power, shift solar, and curb blackouts.

✅ Supplies flexible capacity during peak demand and heat waves

✅ Enables demand response and replaces gas peaker plants

✅ Aggregated assets form virtual power plants for grid support

 

Last month as a heat wave slammed California, state regulators sent an email to a group of energy executives pleading for help to keep the lights on statewide. “Please consider this an urgent inquiry on behalf of the state,” the message said.

The manager of the state’s grid was struggling to increase the supply of electricity because power plants had unexpectedly shut down and demand was surging. The imbalance was forcing officials to order rolling blackouts across the state for the first time in nearly two decades.

What was unusual about the emails was whom they were sent to: people who managed thousands of batteries installed at utilities, businesses, government facilities and even homes. California officials were seeking the energy stored in those machines to help bail out a poorly managed grid and reduce the need for blackouts.

Many energy experts have predicted that batteries could turn homes and businesses into mini-power plants that are able to play a critical role in the electricity system. They could soak up excess power from solar panels and wind turbines and provide electricity in the evenings when the sun went down or after wildfires and hurricanes, which have grown more devastating because of climate change in recent years. Over the next decade, the argument went, large rows of batteries owned by utilities could start replacing power plants fueled by natural gas.

But that day appears to be closer than earlier thought, at least in California, which leads the country in energy storage. During the state’s recent electricity crisis, more than 30,000 batteries supplied as much power as a midsize natural gas plant. And experts say the machines, which range in size from large wall-mounted televisions to shipping containers, will become even more important because utilities, businesses and homeowners are investing billions of dollars in such devices.

“People are starting to realize energy storage isn’t just a project or two here or there, it’s a whole new approach to managing power,” said John Zahurancik, chief operating officer at Fluence, which makes large energy storage systems bought by utilities and large businesses. That’s a big difference from a few years ago, he said, when electricity storage was seen as a holy grail — “perfect, but unattainable.”

On Friday, Aug. 14, the first day California ordered rolling blackouts, Stem, an energy company based in the San Francisco Bay Area, delivered 50 megawatts — enough to power 20,000 homes — from batteries it had installed at businesses, local governments and other customers. Some of those devices were at the Orange County Sanitation District, which installed the batteries to reduce emissions by making it less reliant on natural gas when energy use peaks.

John Carrington, Stem’s chief executive, said his company would have provided even more electricity to the grid had it not been for state regulations that, among other things, prevent businesses from selling power from their batteries directly to other companies.

“We could have done two or three times more,” he said.

The California Independent System Operator, which manages about 80 percent of the state’s grid, has blamed the rolling blackouts on a confluence of unfortunate events, including extreme weather impacts on the grid that limited supply: A gas plant abruptly went offline, a lack of wind stilled thousands of turbines, and power plants in other states couldn’t export enough electricity. (On Thursday, the grid manager urged Californians to reduce electricity use over Labor Day weekend because temperatures are expected to be 10 to 20 degrees above normal.)

But in recent weeks it has become clear that California’s grid managers also made mistakes last month, highlighting the challenge of fixing California’s electric grid in real time, that were reminiscent of an energy crisis in 2000 and 2001 when millions of homes went dark and wholesale electricity prices soared.

Grid managers did not contact Gov. Gavin Newsom’s office until moments before it ordered a blackout on Aug. 14. Had it acted sooner, the governor could have called on homeowners and businesses to reduce electricity use, something he did two days later. He could have also called on the State Department of Water Resources to provide electricity from its hydroelectric plants.

Weather forecasters had warned about the heat wave for days. The agency could have developed a plan to harness the electricity in numerous batteries across the state that largely sat idle while grid managers and large utilities such as Pacific Gas & Electric scrounged around for more electricity.

That search culminated in frantic last-minute pleas from the California Public Utilities Commission to the California Solar and Storage Association. The commission asked the group to get its members to discharge batteries they managed for customers like the sanitation department into the grid. (Businesses and homeowners typically buy batteries with solar panels from companies like Stem and Sunrun, which manage the systems for their customers.)

“They were texting and emailing and calling us: ‘We need all of your battery customers giving us power,’” said Bernadette Del Chiaro, executive director of the solar and storage association. “It was in a very last-minute, herky-jerky way.”

At the time of blackouts on Aug. 14, battery power to the electric grid climbed to a peak of about 147 megawatts, illustrating how virtual power plants can rapidly scale, according to data from California I.S.O. After officials asked for more power the next day, that supply shot up to as much as 310 megawatts.

Had grid managers and regulators done a better job coordinating with battery managers, the devices could have supplied as much as 530 megawatts, Ms. Del Chiaro said. That supply would have exceeded the amount of electricity the grid lost when the natural gas plant, which grid managers have refused to identify, went offline.

Officials at California I.S.O. and the public utilities commission said they were working to determine the “root causes” of the crisis after the governor requested an investigation.

Grid managers and state officials have previously endorsed the use of batteries, using AI to adapt as they integrate them at scale. The utilities commission last week approved a proposal by Southern California Edison, which serves five million customers, to add 770 megawatts of energy storage in the second half of 2021, more than doubling its battery capacity.

And Mr. Zahurancik’s company, Fluence, is building a 400 megawatt-hour battery system at the site of an older natural gas power plant at the Alamitos Energy Center in Long Beach. Regulators this week also approved a plan to extend the life of the power plant, which was scheduled to close at the end of the year, to support the grid.

But regulations have been slow to catch up with the rapidly developing battery technology.

Regulators and utilities have not answered many of the legal and logistical questions that have limited how batteries owned by homeowners and businesses are used. How should battery owners be compensated for the electricity they provide to the grid? Can grid managers or utilities force batteries to discharge even if homeowners or businesses want to keep them charged up for their own use during blackouts?

During the recent blackouts, Ms. Del Chiaro said, commercial and industrial battery owners like Stem’s customers were compensated at the rates similar to those that are paid to businesses to not use power during periods of high electricity demand. But residential customers were not paid and acted “altruistically,” she said.

 

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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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