Fired watchdog appeals to court

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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Utility Renewable Investment Gap highlights Oxford study in Nature Energy: most electric utilities favor fossil fuels over clean energy transition, expanding coal and gas, risking stranded assets and missing climate targets despite global decarbonization commitments.

Key Points

Most utilities grow fossil capacity over renewables, slowing decarbonization and jeopardizing climate goals.

✅ Only 10% expand renewables faster than coal and gas growth

✅ 60% still add fossil plants; 15% actively cut coal and gas

✅ Risks: stranded assets, missed climate targets, policy backlash

Only one in 10 of the world’s electric utility companies are prioritising clean energy investment over growing their capacity of fossil fuel power plants, according to research from the University of Oxford.

The study of more than 3,000 utilities found most remain heavily invested in fossil fuels despite international efforts to reduce greenhouse gas emissions and barriers to 100% renewables in the US that persist, and some are actively expanding their portfolio of polluting power plants.

The majority of the utility companies, many of which are state owned, have made little change to their generation portfolio in recent years.

Only 10% of the companies in the study, published in the research journal Nature Energy, are expanding their renewable energy capacity, mirroring global wind and solar growth patterns, at a faster rate than their gas- or coal-fired capacity.

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Of the companies prioritising renewable energy growth, 60% have not stopped concurrently expanding their fossil fuel portfolio and only 15% of these companies are actively reducing their gas and coal capacity.

Galina Alova, the author of the report, said the research highlighted “a worrying gap between what is needed” to tackle the climate crisis, with calls for a fossil fuel lockdown gaining attention, and “what actions are being taken by the utility sector”.

The report found 10% of utilities were favouring growth in gas-fired power plants. This cluster is dominated by US utilities, even as renewables surpass coal in US generation in the broader market, eager to take advantage of the country’s shale gas reserves, followed by Russia and Germany.

Only 2% of utilities are actively growing their coal-fired power capacity ahead of renewables or gas. This cluster is dominated by Chinese utilities – which alone contributed more than 60% of coal-focused companies – followed by India and Vietnam.

The report found the majority of companies prioritising renewable energy were clustered in Europe. Many of the industry’s biggest players are investing in low-carbon energy and green technologies, even as clean energy's dirty secret prompts debate, to replace their ageing fossil fuel power plants.

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In the UK, amid UK renewables backlog that has stalled billions, coal plants are shutting at pace ahead of the government’s 2025 ban on coal-fired power in part because the UK’s domestic carbon tax on power plants make them uneconomic to run.

“Although there have been a few high-profile examples of individual electric utilities investing in renewables, this study shows that overall, the sector is making the transition to clean energy slowly or not at all,” Alova said.

“Utilities’ continued investment in fossil fuels leaves them at risk of stranded assets – where power plants will need to be retired early – and undermines global efforts to tackle climate change.”
 

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Fukushima Daiichi decommissioning delay highlights TEPCO's revised timeline, spent fuel removal at Units 1 and 2, safety enclosures, decontamination, fuel debris extraction by robot arm, and contaminated water management under stricter radiation control.

Key Points

A government revised schedule pushing back spent fuel removal and decommissioning milestones at Fukushima Daiichi.

✅ TEPCO delays spent fuel removal at Units 1 and 2 for safety.

✅ Enclosures, decontamination, and robotics mitigate radioactive risk.

✅ Contaminated water cut target: 170 tons/day to 100 by 2025.

The Japanese government decided Friday to delay the removal of spent fuel from the Fukushima Daiichi nuclear power plant's Nos. 1 and 2 reactors by as much as five years, casting doubt on whether it can stick to its timeframe for dismantling the crippled complex.

The process of removing the spent fuel from the units' pools had previously been scheduled to begin in the year through March 2024.

In its latest decommissioning plan, the government said the plant's operator, Tokyo Electric Power Company Holdings Inc., will not begin the roughly two-year process (a timeline comparable to major reactor refurbishment programs seen worldwide) at the No. 1 unit at least until the year through March 2028 and may wait until the year through March 2029.

Work at the No. 2 unit is now slated to start between the year through March 2025 and the year through March 2027, it said.

The delay is necessary to take further safety precautions such as the construction of an enclosure around the No. 1 unit to prevent the spread of radioactive dust, and decontamination of the No. 2 unit, even as authorities have begun reopening previously off-limits towns nearby, the government said. It is the fourth time it has revised its schedule for removing the spent fuel rods.

"It's a very difficult process and it's hard to know what to expect. The most important thing is the safety of the workers and the surrounding area," industry minister Hiroshi Kajiyama told a press conference.

The government set a new goal of finishing the removal of the 4,741 spent fuel rods across all six of the plant's reactors by the year through March 2032, amid ongoing debates about the consequences of early nuclear plant closures elsewhere.

Plant operator TEPCO has started the process at the No. 3 unit and already finished at the No. 4 unit, which was off-line for regular maintenance at the time of the disaster. A schedule has yet to be set for the Nos. 5 and 6 reactors.

While the government maintained its overarching timeframe of finishing the decommissioning of the plant 30 to 40 years from the 2011 crisis triggered by a magnitude 9.0 earthquake and tsunami, there may be further delays, even as milestones at other nuclear projects are being reached worldwide.

The government said it will begin removing fuel debris from the three reactors that experienced core meltdowns in the year through March 2022, starting with the No. 2 unit as part of broader reactor decommissioning efforts.

The process, considered the most difficult part of the decommissioning plan, will involve using a robot arm, reflecting progress in advanced reactors technologies, to initially remove small amounts of debris, moving up to larger amounts.

The government also said it will aim to reduce the pace at which contaminated water at the plant increases. Water for cooling the melted cores, mixed with underground water, amounts to around 170 tons a day. That number will be brought down to 100 tons by 2025, it said.

The water is being treated to remove the most radioactive materials and stored in tanks on the plant's grounds, but already more than 1 million tons has been collected and space is expected to run out by the summer of 2022.

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Sudbury Electrification and Grid Expansion is driving record power demand, EV charging, renewable energy planning, IESO forecasts, smart grid upgrades, battery storage, and industrial electrification, requiring cleaner power plants and transmission capacity in northern Ontario.

Key Points

Rising electricity demand and clean energy upgrades in Sudbury to power EVs, industry, and a smarter, expanded grid.

✅ IESO projects system size may need to more than double

✅ EVs and smart devices increase peak and off-peak load

✅ Battery storage and V2G can support reliability and resiliency

Sudbury, Ont., is consuming more power than ever, amid an electricity supply crunch in Ontario, according to green energy organizations that say meeting the demand will require cleaner energy sources.

"This is the welfare of the entire city on the line and they are putting their trust in electrification," said David St. Georges, manager of communications at reThink Green, a non-profit organization focused on sustainability in Sudbury.

According to St. Georges, Sudbury and northern Ontario can meet the growing demand for electricity to charge clean power for EVs and smart devices. 

According to the Independent Electricity System Operator (IESO), making a full switch from fossil fuels to other renewable energy sources could require more power plants, while other provinces face electricity shortages of their own.

"We have forecasted that Ontario's electricity system will need significant expansion to meet this, potentially more than doubling in size," the IESO told CBC News in an emailed statement.

Electrification in the industrial sector is adding greater demand to the electrical grid as electric cars challenge power grids in many regions. Algoma Steel in Sault Ste. Marie and ArcelorMittal Dofasco in Hamilton both aim to get electric arc furnaces in operation. Together, those projects will require 630 megawatts.

"That's like adding four cities the size of Sudbury to the grid," IESO said.

Devin Arthur, chapter president of the Electric Vehicle society in Greater Sudbury, said the city is coming full circle with fully electrifying its power grid, reflecting how EVs are a hot topic in Alberta and beyond.

"We're going to need more power," he said.

"Once natural gas was introduced, that kind of switched back, and everyone was getting out of electrification and going into natural gas and other sources of power."

Despite Sudbury's increased appetite for electricity, Arthur added it's also easier to store now as Ontario moves to rely on battery storage solutions.

"What that means is you can actually use your electric vehicle as a battery storage device for the grid, so you can actually sell power from your vehicle that you've stored back to the grid, if they need that power," he said.

Harneet Panesar, chief operating officer for the Ontario Energy Board, told CBC the biggest challenge to going green is seeing if it can work around older infrastructure, while policy debates such as Canada's 2035 EV sales mandate shape the pace of change.

"You want to make sure that you're building in the right spot," he said.

"Consumers are shifting from combustion engines to EV drivetrains. You're also creating more dependency. At a very high level, I'm going to say it's probably going to go up in terms of the demand for electricity."

Fossil fuels are the first to go for generating electricity, said St. Georges.

"But we're not there yet, because it's not a light switch solution. It takes time to get to that, which is another issue of electrification," he said.

"It's almost impossible for us not to go that direction."

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EasyPower Webinars deliver expert training on electrical power systems, covering arc flash, harmonics, grounding, overcurrent coordination, NEC and IEEE 1584 updates, with on-demand videos and email certificates for continuing education credits.

Key Points

EasyPower Webinars are expert-led power systems trainings with CE credit details and on-demand access.

✅ Arc flash, harmonics, and grounding fundamentals with live demos

✅ NEC 2020 and IEEE 1584 updates for compliance and safety

✅ CE credits with post-webinar email documentation

We've ramped up webinars to help your learning while you might be working from home, and similar live online fire alarm training options are widely available. As usual, you will receive an email the day after the webinar which will include the details most states need for you to earn continuing education credit, amid a broader grid warning during the pandemic from regulators.

EasyPower's well known webinar series covers a variety of topics regarding electrical power systems. Below you will see our webinars scheduled through the next few months, reflecting ongoing sector investments in the future of work across the electricity industry.

In addition, there are more than 150 videos that were recorded from past webinars in our EasyPower Video Library. The topics of these videos include arc flash training, short circuit, protective device coordination, power flow, harmonics, DC systems, grounding, and many others.

AUGUST WEBINARS

Active & Passive Harmonic Filters in EasyPower

By Tao Yang, Ph.D, PE, at EasyPower

In this webinar, Tao Yang, Ph.D, PE, from EasyPower provides a refresher course on fundamental concepts of harmonics study and the EasyPower Harmonics module. He describes the two major harmonics filters, both active and passive, and their implementation in the EasyPower Harmonics module. As passive filters are widely used in the industry, he covers four kinds of typical passive filters: notch, first order, second order, and C-type filters, including their implementation in EasyPower and their tuning processes. He uses live examples to demonstrate the modeling and parameter tuning for both active and passive filters using simple EasyPower cases.

Date: Thursday, August 13, 2020
Time: 10:00 AM - 11:00 AM Pacific
Register: https://attendee.gotowebinar.com/register/1359680676441129997

Cracking the Code for Arc-Flash Mitigation

By Mark Pollock at Littelfuse

The National Electrical Code (NEC) outlines several arc-flash mitigation options, aligning with broader arc flash training insights across the industry. This presentation, given by Mark Pollock at Littelfuse, reviews the arc-flash mitigation options from the NEC 2020, and some updates to the IEEE 1584-2018 standard. In addition to understanding the codes, we’ll discuss the return on investment for the various mitigation options and the importance of arc-flash assessments in your facility. 

Date: Thursday, August 20, 2020
Time: 10:00 AM - 11:00 AM Pacific
Register: https://attendee.gotowebinar.com/register/107117029724512527

Ground Fault Coordination in EasyPower

By Jim Chastain, Support Engineer at EasyPower

The PowerProtector™ module in EasyPower simplifies the process of coordinating protective devices. In this refresher webinar, Jim Chastain demonstrates the procedure to coordinate ground fault protection for both resistance-grounded and hard-grounded systems.

Date: Tuesday, August 25, 2020
Time: 8:00 AM - 8:30 AM Pacific
Register: https://attendee.gotowebinar.com/register/561389055546364429

SEPTEMBER WEBINARS

Overcurrent Coordination and Protection Basics

By James Onsager and Namrata Asarpota at S&C Electric

Coordination of overcurrent protective devices is necessary to limit interruptions to the smallest portion of the power system in the event of an overload or short-circuit. This webinar, given by James Onsager and Namrata Asarpota at S&C Electric, goes over the basics of Time Current Curves (TCCs), types of overcurrent protective devices (for both low-voltage and medium-voltage systems), and how to coordinate between them. Protection of common types of equipment such as transformers, cables and motors according the National Electrical Code (NFPA 70, NEC) is also discussed, alongside related fire alarm training online resources available to practitioners. 

Date: Thursday, September 3, 2020
Time: 10:00 AM -11:00 AM Pacific
Register: https://attendee.gotowebinar.com/register/6345420550218629133

Static Discharge Awareness and Explosion Protection

By Christopher Coughlan at Newson Gale, a Hoerbiger Safety Solutions Company

For any person responsible for the safety of employees, colleagues, plant equipment and plant property, one of the most potentially confusing aspects of providing a safe operating environment is understanding and safeguarding again static discharge, with industry leadership in worker safety highlighting best practices. In this webinar given by Christopher Coughlan at Newson Gale, a Hoerbiger Safety Solutions Company, he discusses how to determine if your site’s manufacturing or handling processes have the potential to discharge static sparks into flammable or combustible atmospheres. 

Date: Thursday, September 17, 2020
Time: 10:00 AM -11:00 AM Pacific
Register: https://attendee.gotowebinar.com/register/7225333317600833296

XGSLab New Feature - Seasonal Analysis For Grounding Systems

By David Lewis, P.E, Electrical Engineer, Grounding and Power Systems at EasyPower

In regions where the frost depth meets or exceeds the depth of a grounding system, the grounding system’s performance may be dramatically reduced, possibly creating hazardous conditions. The latest XGSLab release 9.5 provides a powerful new tool to analyze grounding system performance that considers the seasonal variation in soil characteristics. In this webinar, given by David Lewis, an electrical engineer at EasyPower, we describe the effect that seasonal variation can have on a grounding system and we step you through the use of the Seasonal Analysis tool. 

Date: Tuesday, September 25, 2020
Time: 8:00 AM -8:30 AM Pacific
Register: https://attendee.gotowebinar.com/register/6805488101896212751

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Costa Rica Renewable Energy Record highlights 99.99% clean power in May 2019, driven by hydropower, wind, solar, geothermal, and biomass, enabling ICE REM electricity exports and reduced rates from optimized generation totaling 984.19 GWh.

Key Points

May 2019 benchmark: Costa Rica generated 99.99% of 984.19 GWh from renewables, shifting from imports to regional exports.

✅ 99.99% renewable share across hydro, wind, solar, geothermal, biomass

✅ 984.19 GWh generated; ICE suspended imports and exported via REM

✅ Geothermal output increased to offset dry-season hydropower variability

During the whole month of May 2019, Costa Rica generated a total of 984.19 gigawatt hours of electricity, the highest in the country’s history. What makes this feat even more impressive is the fact that 99.99% of this energy came from a portfolio of renewable sources such as hydropower, wind, biomass, solar, and geothermal.

With such a high generation rate, the state power company Instituto Costariccense de Electricidad (ICE) were able to suspend energy imports from the first week of May and shifted to exports, while U.S. renewable electricity surpassed coal in 2022 domestically. To date, the power company continues to sell electricity to the Regional Electricity Market (REM) which generates revenues and is likely to reduce local electricity rates, a trend echoed in places like Idaho where a vast majority of electricity comes from renewables.

The record-breaking power generation was made possible by optimization of the country’s renewable sources, much as U.S. wind capacity surpassed hydro capacity at the end of 2016 to reshape portfolios. As the period coincided with the tail end of the dry season, the geothermal quota had to be increased.

Costa Rica remains a leader in renewable power generation, whereas U.S. wind generation has become the most-used renewable source in recent years. In 2015, more than 98% of the country’s electrical generation came from renewable sources, while U.S. renewables hit a record 28% in April in one recent benchmark. Through the years, this figure has remained fairly constant despite dry bouts caused by the El Niño phenomenon, and U.S. solar generation also continued to rise.

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