People are powerless without power

Space solar power promises wireless energy from orbital solar satellites via microwave or laser power beaming, using photovoltaics and rectennas. NRL and AFRL advances hint at 24-7 renewable power delivery to Earth and airborne drones.

Key Points

Space solar power beams orbital solar energy to Earth via microwaves or lasers, enabling continuous wireless electricity.

✅ Harvests sunlight in orbit and transmits via microwaves or lasers

✅ Provides 24-7 renewable power, independent of weather or night

✅ Enables wireless power for remote sites, grids, and drones

Earlier this year, a small group of spectators gathered in David Taylor Model Basin, the Navy’s cavernous indoor wave pool in Maryland, to watch something they couldn’t see. At each end of the facility there was a 13-foot pole with a small cube perched on top. A powerful infrared laser beam shot out of one of the cubes, striking an array of photovoltaic cells inside the opposite cube. To the naked eye, however, it looked like a whole lot of nothing. The only evidence that anything was happening came from a small coffee maker nearby, which was churning out “laser lattes” using only the power generated by the system as ambitions for cheap abundant electricity gain momentum worldwide.

The laser setup managed to transmit 400 watts of power—enough for several small household appliances—through hundreds of meters of air without moving any mass. The Naval Research Lab, which ran the project, hopes to use the system to send power to drones during flight. But NRL electronics engineer Paul Jaffe has his sights set on an even more ambitious problem: beaming solar power to Earth from space. For decades the idea had been reserved for The Future, but a series of technological breakthroughs and a massive new government research program suggest that faraway day may have finally arrived as interest in space-based solar broadens across industry and government.

Since the idea for space solar power first cropped up in Isaac Asimov’s science fiction in the early 1940s, scientists and engineers have floated dozens of proposals to bring the concept to life, including inflatable solar arrays and robotic self-assembly. But the basic idea is always the same: A giant satellite in orbit harvests energy from the sun and converts it to microwaves or lasers for transmission to Earth, where it is converted into electricity. The sun never sets in space, so a space solar power system could supply renewable power to anywhere on the planet, day or night, as recent tests show we can generate electricity from the night sky as well, rain or shine.

Like fusion energy, space-based solar power seemed doomed to become a technology that was always 30 years away. Technical problems kept cropping up, cost estimates remained stratospheric, and as solar cells became cheaper and more efficient, and storage improved with cheap batteries, the case for space-based solar seemed to be shrinking.

That didn’t stop government research agencies from trying. In 1975, after partnering with the Department of Energy on a series of space solar power feasibility studies, NASA beamed 30 kilowatts of power over a mile using a giant microwave dish. Beamed energy is a crucial aspect of space solar power, but this test remains the most powerful demonstration of the technology to date. “The fact that it’s been almost 45 years since NASA’s demonstration, and it remains the high-water mark, speaks for itself,” Jaffe says. “Space solar wasn’t a national imperative, and so a lot of this technology didn’t meaningfully progress.”

John Mankins, a former physicist at NASA and director of Solar Space Technologies, witnessed how government bureaucracy killed space solar power development firsthand. In the late 1990s, Mankins authored a report for NASA that concluded it was again time to take space solar power seriously and led a project to do design studies on a satellite system. Despite some promising results, the agency ended up abandoning it.

In 2005, Mankins left NASA to work as a consultant, but he couldn’t shake the idea of space solar power. He did some modest space solar power experiments himself and even got a grant from NASA’s Innovative Advanced Concepts program in 2011. The result was SPS-ALPHA, which Mankins called “the first practical solar power satellite.” The idea, says Mankins, was “to build a large solar-powered satellite out of thousands of small pieces.” His modular design brought the cost of hardware down significantly, at least in principle.

Jaffe, who was just starting to work on hardware for space solar power at the Naval Research Lab, got excited about Mankins’ concept. At the time he was developing a “sandwich module” consisting of a small solar panel on one side and a microwave transmitter on the other. His electronic sandwich demonstrated all the elements of an actual space solar power system and, perhaps most important, it was modular. It could work beautifully with something like Mankins' concept, he figured. All they were missing was the financial support to bring the idea from the laboratory into space.

Jaffe invited Mankins to join a small team of researchers entering a Defense Department competition, in which they were planning to pitch a space solar power concept based on SPS-ALPHA. In 2016, the team presented the idea to top Defense officials and ended up winning four out of the seven award categories. Both Jaffe and Mankins described it as a crucial moment for reviving the US government’s interest in space solar power.

They might be right. In October, the Air Force Research Lab announced a $100 million program to develop hardware for a solar power satellite. It’s an important first step toward the first demonstration of space solar power in orbit, and Mankins says it could help solve what he sees as space solar power’s biggest problem: public perception. The technology has always seemed like a pie-in-the-sky idea, and the cost of setting up a solar array on Earth is plummeting, as proposals like a tenfold U.S. solar expansion signal rapid growth; but space solar power has unique benefits, chief among them the availability of solar energy around the clock regardless of the weather or time of day.

It can also provide renewable energy to remote locations, such as forward operating bases for the military, which has deployed its first floating solar array to bolster resilience. And at a time when wildfires have forced the utility PG&E to kill power for thousands of California residents on multiple occasions, having a way to provide renewable energy through the clouds and smoke doesn’t seem like such a bad idea. (Ironically enough, PG&E entered a first-of-its-kind agreement to buy space solar power from a company called Solaren back in 2009; the system was supposed to start operating in 2016 but never came to fruition.)

“If space solar power does work, it is hard to overstate what the geopolitical implications would be,” Jaffe says. “With GPS, we sort of take it for granted that no matter where we are on this planet, we can get precise navigation information. If the same thing could be done for energy, especially as peer-to-peer energy sharing matures, it would be revolutionary.”

Indeed, there seems to be an emerging race to become the first to harness this technology. Earlier this year China announced its intention to become the first country to build a solar power station in space, and for more than a decade Japan has considered the development of a space solar power station to be a national priority. Now that the US military has joined in with a $100 million hardware development program, it may only be a matter of time before there’s a solar farm in the solar system.

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IRENA Climate Investment Platform accelerates renewable energy financing through de-risking, bankable projects, and public-private partnerships, advancing Paris Agreement goals via grid integration, microgrids, and decarbonization while expanding access, jobs, and sustainable economic growth.

Key Points

A global platform linking bankable renewable projects with finance, derisking and partners to scale decarbonization.

✅ Connects developers with banks, funds, and insurers

✅ Promotes de-risking via policy, PPAs, and legal frameworks

✅ Targets Paris goals with grid, microgrids, and off-grid access

The heads-of-state and energy ministers from more than 120 nations just met in Abu Dhabi and they had one thing in common: a passion to increase the use of renewable energy to reduce the threat from global warming — one that will also boost economic output and spread prosperity. Access to finance, though, is critical to this goal. 

Indeed, the central message to emerge from the conference hosted by the International Renewable Energy Agency (IRENA) this week in the United Arab Emirates is that a global energy transition is underway that has the potential to revitalize economies and to lift people out of poverty. But such a conversion requires international cooperation and a common desire to address the climate cause. 

“The renewable energy sector created jobs employing 11 million people in 2019 and provided off-grid solutions, having helped bring the number of people with no access to electricity to under 1 billion,” the current president of the UN General Assembly Tiijani Muhammad-Bande of Nigeria told the audience. 

Today In: Business
While renewables are improving energy access and reducing inequities, they also have the potential to curb CO2 emissions globally. The goal is to shrink them by 45% by 2030 and 90% by 2050, with Canada's net-zero race highlighting the role of renewable energy in achieving those targets. Getting there, though, requires progressive government policies that will help to attract financing. 

According to IRENA, investment in the clean energy sector is now at $330 billion a year. But if the 2050 goals are to be reached, those levels must nearly double to $750 billion annually. The green energy sector does not want to compete with the oil and gas sectors but rather, it is seeking to diversify fuel sources — a strategy that could help make electricity systems more resilient to climate risks. To hit the Paris agreement’s targets, it says that renewable energy deployment must increase by a factor of six.  

To that end, IRENA is forming a “climate investment platform” that will bring ideas to the table and then introduce prospective parties. It will focus on those projects that it believes are “bankable.”

It’s about helping project developers find banks, private companies and pension funds to finance their worthy projects, IRENA Director General Francesco La Camera said in response to this reporter’s question. Moreover, he said that the platform would work to ensure there is a sound legal structure and that there is legislative support to “de-risk” the investments. 

“Overcoming investment needs for energy transformation infrastructure is one of the most notable barriers to the achievement of national goals,” La Camera says. “Therefore, the provision of capital to support the adoption of renewable energy is key to low-carbon sustainable economic development and plays a central role in bringing about positive social outcomes.”

If the monies are to flow into new projects, governments have to create an environment where innovation is to be rewarded: tax incentives for renewables along with the design and implementation of transition plans. The aim is to scale up which in turn, leads to new jobs and greater economic productivity — a payback of three-to-seven times the initial investment.  

The path of least resistance, for now, is off-grid green energy solutions, or providing electricity to rural areas by installing solar panels that may connect to localized microgrids. Africa, which has a half-billion people without reliable electricity, would benefit. However, “If you want to go to scale and have bankable projects, you have to be connected to the grid,” Moira Wahba, with the UN Development Program, told this writer. “That requires large capital and private enterprise.”

Public policy must thus work to create the knowledge base and the advocacy to help de-risk the investments. Government’s role is to reassure investors that they will not be subject to arbitrary laws or the crony allocation of contracts. Risk takers know there are no guarantees. But they want to compete on a level playing. 

Analyzing Risk Profiles

He is speaking during the World Energy Future Summit. 
Sultan Al Jabber, chief executive of Abu Dhabi’s national oil company, Adnoc, who is also the former ... [+]ABU DHABI SUSTAINABILITY WEEK
How do foreign investors square the role of utilities that are considered safe and sound with their potential expansion into new fields such as investing in carbon-free electricity and in new places? The elimination of risk is not possible, says Mohamed Jameel Al Ramahi, chief executive officer of UAE-based Masdar. But the need to decarbonize is paramount. The head of the renewable energy company says that every jurisdiction has its own risk profile but that each one must be fully transparent while also properly structuring their policies and regulations. And there needs to be insurance for political risks. 

The United States and China, for example, are already “de-risked,” because they are deploying “gigawatts of renewables,” he told this writer. “When we talk about doubling the amount of needed investment, we have to take into account the risk profile of the whole world. If it is a high-risk jurisdiction, it will be difficult to bring in foreign capital.” 

The most compelling factor that will drive investment is whether the global community can comply with the Paris agreement, says Dr. Thani Ahmed Al Zeyoudi, Minister of the Ministry of Climate Change and the Environment for the United Arab Emirates. The goal is to limit increases to 2 degrees Celsius by mid-century, with the understanding that the UN’s latest climate report emphasizes that positive results are urgently needed. 

One of the most effective mechanisms is the public-private model. Governments, for example, are signing long-term power purchase agreements, giving project developers the necessary income they need to operate, and in the EU plans to double electricity use by 2050 are reinforcing these commitments. They can also provide grants and bring in international partners such as the World Bank. 

“We are seeing the impact of climate change with the various extreme events: the Australian fires, the cyclones and the droughts,” the minister told reporters. “We can no longer pass this to future generations to deal with.” 

The United Arab Emirates is not just talking about it, adds Sultan Al Jabber, chief executive of Abu Dhabi’s national oil company, Adnoc, who is also the former head of subsidiary Masdar. It is acting now, and across Europe Big Oil is turning electric as traditional players pivot too. His comments came during Abu Dhabi’s Sustainability Week at the World Future Energy Summit. The country is “walking the walk” by investing in renewable projects around the globe and it is growing its own green energy portfolio. Addressing climate change is “right” while it is also making “perfect economic sense.” 

The green energy transition has taken root in advanced economies while it is making inroads in the developing world — a movement that has the twin effect of addressing climate change and creating economic opportunities, and one that aligns with calls to transform into a sustainable electric planet for long-term prosperity. But private investment must double, which requires proactive governments to limit unnecessary risks and to craft the incentives to attract risk-takers. 

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NB Power eCharge Network expands EV charging in New Brunswick with fast chargers, level 2 stations, Trans-Canada Highway coverage, and green infrastructure, enabling worry-free electric vehicle travel and lower emissions across the province.

Key Points

NB Power eCharge Network is a provincewide EV charging system with fast and level 2 stations for reliable travel.

✅ 15 fast-charging sites on Trans-Canada and northern New Brunswick

✅ Level 2 stations at highways, municipalities, and businesses

✅ 20-30 minute DC fast charging; cut emissions ~80% and fuel ~75%

NB Power announced Friday the eCharge Network, the province’s first electric vehicle charging network aimed at giving drivers worry-free travel everywhere in the province.

The network includes 15 locations along the province’s busiest highways where both fast-chargers and level-2 chargers will be available. In addition, nine level-2 chargers are already located at participating municipalities and businesses throughout the province. The new locations will be installed by the end of 2017.

NB Power is working with public and private partners to add to the network to enable electric vehicle owners to drive with confidence and to encourage others to make the switch from gas to electric vehicles, supported by a provincial rebate program now available.

“We are incredibly proud to offer our customers and visitors to New Brunswick convenient charging with the launch of our eCharge Network,” said Gaëtan Thomas, president and CEO of NB Power. “Our goal is to make it easy for owners of electric vehicles to drive wherever they choose in New Brunswick, and to encourage more drivers to consider an electric vehicle for their next purchase.”

An electric vehicle owner in New Brunswick can shrink their vehicle carbon footprint by about 80 per cent while reducing their fuel-related costs by about 75 per cent, according to NB Power, and broader grid benefits are being explored through Nova Scotia's vehicle-to-grid pilot across the region.

In addition to the network of standard charging stations, the eCharge network will also include 400 volt fast-charging stations along the Trans-Canada Highway and in the northern parts of New Brunswick. The first of their kind in New Brunswick, these 15 fast-charging stations, similar to Newfoundland and Labrador's newly completed fast-charging network connecting communities, will enable all-electric vehicles to recharge in as little as 20 to 30 minutes. Fast-charge sites will include standard level-2 stations for both battery electric vehicles and plug-in hybrids.

NB Power will install fast-charge and level-2 sites at five locations throughout northern New Brunswick, addressing northern coverage challenges seen elsewhere, such as Labrador's infrastructure gaps today, which will be cost-shared with government. Locations include the areas of Saint-Quentin/Kedgwick, Campbellton, Bathurst, Tracadie, and Miramichi.

“Our government understands that embracing the green economy and reducing our carbon footprint is a priority for New Brunswickers,” said Environment and Local Government Minister Serge Rousselle. “Our climate change action plan calls for a collaborative approach to creating the strategic infrastructure to support electric vehicles throughout all regions in the province, and we are pleased to see this important step underway. New Brunswickers will now have the necessary network to adopt new methods of transportation and contribute to our provincial plan to increase the number of electric vehicles on the road and will help meet emission reduction targets as we work to combat climate change.”

An investment of $500,000 from Natural Resources Canada will go towards purchasing and installing the charging stations for the 10 fast-charging stations along the Trans-Canada Highway.

“The eCharge Network will make it easier for Canadians to choose cleaner options and helps put New Brunswick’s transportation system on a path to a lower-carbon future,” said Moncton-Riverview-Dieppe MP Ginette Petitpas Taylor. “The Government of Canada continues to support green infrastructure in the transportation sector that will advance Canada’s efforts to build a clean economy, create well-paying jobs, and achieve our climate change goals.”

Petitpas Taylor attended for federal Natural Resources Minister Jim Carr.

Fast chargers are being installed at the following locations along the Trans-Canada Highway across New Brunswick:

– Irving Big Stop, Aulac

– Edmundston Truck Stop

– Irving Big Stop, Saint-André

– Johnson Guardian, Perth-Andover

– Murray’s Irving, Woodstock

– Petro-Canada / Acorn Restaurant, Prince William

– Irving Big Stop, Waasis

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Churchill Falls NL-Quebec Agreement boosts hydropower revenues, revises power purchase pricing, expands transmission lines, and integrates Indigenous rights, enabling renewable energy growth, domestic supply, exports, and interprovincial collaboration on infrastructure and utility modernization.

Key Points

A renegotiated hydropower deal reallocating power and advancing projects with Indigenous benefits in NL and Quebec.

✅ Raises Hydro-Quebec price for Churchill Falls electricity

✅ Increases NL power share for domestic use and exports

✅ Commits joint projects and Indigenous participation safeguards

St. John's, Newfoundland and Labrador - In a historic development, Newfoundland and Labrador (NL) and Quebec have reached a tentative agreement over the controversial Churchill Falls hydroelectric project, amid Quebec's electricity ambitions and longstanding regional sensitivities, potentially unlocking hundreds of billions of dollars for the Atlantic province. The deal, announced jointly by Premier Andrew Furey and Quebec Premier François Legault, aims to rectify the decades-long imbalance in the original 1969 contract, which saw NL receive significantly less revenue than Quebec for the province's vast hydropower resources.

The core of the new agreement involves a substantial increase in the price that Hydro-Québec pays for electricity generated at Churchill Falls. This price hike, retroactive to January 1, 2025, is expected to generate billions in additional revenue for NL over the next several decades. The deal also includes provisions for:

• Increased power allocation for NL: The province will gain a larger share of the electricity generated at Churchill Falls, allowing for increased domestic consumption and potential export opportunities through the sale and trade of power across regional markets.
• Joint infrastructure development: Both provinces will collaborate on new energy projects, in line with Hydro-Québec's $185-billion plan to reduce fossil fuel reliance, including potential expansions to the Churchill Falls generating station and the development of new transmission lines.
• Indigenous involvement: The agreement acknowledges the importance of Indigenous rights and seeks to ensure that Indigenous communities in both provinces benefit from the project.

This landmark deal represents a significant victory for NL, which has long argued that the original 1969 contract was grossly unfair. The province has been seeking to renegotiate the terms of the agreement for decades, citing the low price paid for electricity and the significant economic benefits that have accrued to Quebec.

Key Implications:

• Economic Transformation: The influx of revenue from the new Churchill Falls agreement has the potential to significantly transform the economy of NL, though the legacy of Muskrat Falls costs tempers expectations before plans are finalized. The province can invest in critical infrastructure projects, such as healthcare, education, and transportation, as well as support economic diversification initiatives.
• Energy Independence: The increased access to electricity will enhance NL's energy security and reduce its reliance on fossil fuels. This shift towards renewable energy aligns with the province's climate change goals, and in the context of Quebec's no-nuclear stance could attract new investment in sustainable industries.
• Interprovincial Relations: The successful negotiation of this complex agreement demonstrates the potential for constructive collaboration between provinces on major infrastructure projects, as seen in recent NB Power-Hydro-Québec agreements to import more electricity. It sets a precedent for future interprovincial partnerships on issues of shared interest.

Challenges and Considerations:

• Implementation: The successful implementation of the agreement will require careful planning and coordination between the two provinces.
• Environmental Impact: The expansion of hydroelectric generation at Churchill Falls must be carefully assessed for its potential environmental impacts, including the effects on local ecosystems and Indigenous communities.
• Public Consultation: It is crucial that the governments of NL and Quebec engage in meaningful public consultation throughout the implementation process to ensure that the benefits of the agreement are shared equitably across both provinces.

The Churchill Falls agreement marks a turning point in the history of energy development in Canada. It demonstrates the potential for provinces to work together to achieve mutually beneficial outcomes, even as Nova Scotia shifts toward wind and solar after stepping back from the Atlantic Loop, while also addressing historical inequities and ensuring a more equitable distribution of the benefits of natural resources.

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Quebec EV transition plan aims for 2 million electric vehicles by 2030 and bans new gas cars by 2035, stressing charging infrastructure, incentives, emissions cuts, and industry impacts, with debate over feasibility and economic risks.

Key Points

A provincial policy targeting 2M EVs by 2030 and a 2035 gas-car sales ban, backed by charging buildout and incentives.

✅ Requires major charging infrastructure and grid upgrades

✅ Balances incentives with economic impacts and industry readiness

✅ Gas stations persist while EV adoption accelerates cautiously

Quebec's ambitious push to dominate the electric vehicle (EV) market, echoing Canada's EV goals in its plan, by setting a target of two million EVs on the road by 2030 and planning to ban the sale of new gas-powered vehicles by 2035 has sparked significant debate among industry experts. While the government's objectives aim to reduce greenhouse gas emissions and promote sustainable transportation, some experts question the feasibility and potential economic impacts of such rapid transitions.

Current Landscape of Gas Stations in Quebec

Contrary to Environment Minister Benoit Charette's assertion that gas stations may become scarce within the next decade, industry experts suggest that the number of gas stations in Quebec is unlikely to decline drastically. Carol Montreuil, Vice President of the Canadian Fuels Association, describes the minister's statement as "wishful thinking," emphasizing that the number of gas stations has remained relatively stable over the past decade. Statistics indicate that in 2023, Quebec residents purchased more gasoline than ever before, and EV shortages and wait times further underscore the continued demand for traditional fuel sources.

Challenges in Accelerating EV Adoption

The government's goal of having two million EVs on Quebec roads by 2030 presents several challenges. Currently, there are approximately 200,000 fully electric cars in the province. Achieving a tenfold increase in less than a decade requires substantial investments in charging infrastructure, consumer incentives, and public education to address concerns such as range anxiety and charging accessibility, especially amid electricity shortage warnings across Quebec and other provinces.

Economic Considerations and Industry Concerns

Industry stakeholders express concerns about the economic implications of rapidly phasing out gas-powered vehicles. Montreuil warns that the industry is already struggling and that attempting to transition too quickly could lead to economic challenges, a view echoed by critics who label the 2035 EV mandate delusional. He suggests that the government may be spending excessive public funds on subsidies for technologies that are still expensive and not yet widely adopted.

Public Sentiment and Adoption Rates

Public sentiment towards EVs is mixed, and experiences in Manitoba suggest the road to targets is not smooth. While some consumers, like Montreal resident Alex Rajabi, have made the switch to electric vehicles and are satisfied with their decision, others remain hesitant due to concerns about vehicle cost, charging infrastructure, and the availability of incentives. Rajabi, who transitioned to an EV nine months ago, notes that while he did not take advantage of the incentive program, he is happy with his decision and suggests that adding charging ports at gas stations could facilitate the transition.

The Need for a Balanced Approach

Experts advocate for a balanced approach that considers the pace of technological advancements, consumer readiness, and economic impacts. While the transition to electric vehicles is essential for environmental sustainability, it is crucial to ensure that the infrastructure, market conditions, and public acceptance are adequately addressed, and to recognize that a share of Canada's electricity still comes from fossil fuels, to make the shift both feasible and beneficial for all stakeholders.

In summary, Quebec's ambitious EV targets reflect a strong commitment to environmental sustainability. However, industry experts caution that achieving these goals requires careful planning, substantial investment, and a realistic assessment of the challenges involved as federal EV sales regulations take shape, in transitioning from traditional vehicles to electric mobility.

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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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