The governor of the US state of Maryland, Martin O'Malley and Maryland lawmakers have formally announced legislation to put utility reliability standards into the law.
The measure will require the Maryland Public Service Commission to adopt enhanced reliability standards by July 2012. The bill also will allow the PSC to fine utilities for poor performance. Fines would be directed back to affected ratepayers.
Pepco, a utility that serves customers in Washington, and Prince George's and Montgomery counties, has been widely criticized for long delays restoring power to thousands of customers.
Ukraine Power Grid Attacks disrupt critical infrastructure as missiles and drones strike power plants, substations, and lines, causing blackouts. Emergency repairs, international aid, generators, and renewables bolster resilience and keep hospitals and water running.
Key Points
Russian strikes on Ukraine's power infrastructure cause blackouts; repairs and aid sustain hospitals and water.
✅ Missile and drone strikes target plants, substations, and lines.
✅ Crews restore power under fire; air defenses protect sites.
✅ Allies supply equipment, generators, and grid repair expertise.
Ukraine is facing an ongoing battle to maintain its electrical grid in the wake of relentless Russian attacks targeting power plants and energy infrastructure. These attacks, which have intensified in the last year, are part of Russia's broader strategy to weaken Ukraine's ability to function amid the ongoing war. Power plants, substations, and energy lines have become prime targets, with Russian forces using missiles and drones to destroy critical infrastructure, as western Ukraine power outages have shown, leaving millions of Ukrainians without electricity and heating during harsh winters.
The Ukrainian government and energy companies are working tirelessly to repair the damage and prevent total blackouts, while also trying to ensure that civilians have access to vital services like hospitals and water supplies. Ukraine has received support from international allies in the form of technical assistance and equipment to help strengthen its power grid, and electricity reserve updates suggest outages can be avoided if no new strikes occur. However, the ongoing nature of the attacks and the complexity of repairing such extensive damage make the situation extraordinarily difficult.
Despite these challenges, Ukraine's resilience is evident, even as winter pressures on the battlefront intensify operations. Energy workers are often working under dangerous conditions, risking their lives to restore power and prevent further devastation. The Ukrainian government has prioritized the protection of energy infrastructure, with military forces being deployed to safeguard workers and critical assets.
Meanwhile, the international community continues to support Ukraine through financial and technical aid, though some U.S. support programs have ended recently, as well as providing temporary power solutions, like generators, to keep essential services running. Some countries have even sent specialized equipment to help repair damaged power lines and energy plants more quickly.
The humanitarian consequences of these attacks are severe, as access to electricity means more than just light—it's crucial for heating, cooking, and powering medical equipment. With winter temperatures often dropping below freezing, plans to keep the lights on are vital to protect vulnerable communities, and the lack of reliable energy has put many lives at risk.
In response to the ongoing crisis, Ukraine has also focused on enhancing its energy independence, seeking alternatives to Russian-supplied energy. This includes exploring renewable energy sources, such as solar and wind power, and new energy solutions adopted by communities to overcome winter blackouts, which could help reduce reliance on traditional energy grids and provide more resilient options in the future.
The battle for energy infrastructure in Ukraine illustrates the broader struggle of the country to maintain its sovereignty and independence in the face of external aggression. The destruction of power plants is not only a military tactic but also a psychological one—meant to instill fear and disrupt daily life. However, the unwavering spirit of the Ukrainian people, alongside international support, including Ukraine's aid to Spain during blackouts as one example, continues to ensure that the fight to "keep the lights on" is far from over.
As Ukraine works tirelessly to repair its energy grid, it also faces the challenge of preparing for the long-term impact of these attacks. The ongoing war has highlighted the importance of securing energy infrastructure in modern conflicts, and the world is watching as Ukraine's resilience in this area could serve as a model for other nations facing similar threats.
Ukraine’s energy struggle is far from over, but its determination to keep the lights on remains a beacon of hope and defiance in the face of ongoing adversity.
Boeing 787 More-Electric Architecture replaces pneumatics with bleedless pressurization, VFSG starter-generators, electric brakes, and heated wing anti-ice, leveraging APU, RAT, batteries, and airport ground power for efficient, redundant electrical power distribution.
Key Points
An integrated, bleedless electrical system powering start, pressurization, brakes, and anti-ice via VFSGs, APU and RAT.
✅ VFSGs start engines, then generate 235Vac variable-frequency power
✅ Bleedless pressurization, electric anti-ice improve fuel efficiency
✅ Electric brakes cut hydraulic weight and simplify maintenance
The 787 Dreamliner is different to most commercial aircraft flying the skies today. On the surface it may seem pretty similar to the likes of the 777 and A350, but get under the skin and it’s a whole different aircraft.
When Boeing designed the 787, in order to make it as fuel efficient as possible, it had to completely shake up the way some of the normal aircraft systems operated. Traditionally, systems such as the pressurization, engine start and wing anti-ice were powered by pneumatics. The wheel brakes were powered by the hydraulics. These essential systems required a lot of physical architecture and with that comes weight and maintenance. This got engineers thinking.
What if the brakes didn’t need the hydraulics? What if the engines could be started without the pneumatic system? What if the pressurisation system didn’t need bleed air from the engines? Imagine if all these systems could be powered electrically… so that’s what they did.
Power sources
The 787 uses a lot of electricity. Therefore, to keep up with the demand, it has a number of sources of power, much as grid operators track supply on the GB energy dashboard to balance loads. Depending on whether the aircraft is on the ground with its engines off or in the air with both engines running, different combinations of the power sources are used.
Engine starter/generators
The main source of power comes from four 235Vac variable frequency engine starter/generators (VFSGs). There are two of these in each engine. These function as electrically powered starter motors for the engine start, and once the engine is running, then act as engine driven generators.
The generators in the left engine are designated as L1 and L2, the two in the right engine are R1 and R2. They are connected to their respective engine gearbox to generate electrical power directly proportional to the engine speed. With the engines running, the generators provide electrical power to all the aircraft systems.
APU starter/generators
In the tail of most commercial aircraft sits a small engine, the Auxiliary Power Unit (APU). While this does not provide any power for aircraft propulsion, it does provide electrics for when the engines are not running.
The APU of the 787 has the same generators as each of the engines — two 235Vac VFSGs, designated L and R. They act as starter motors to get the APU going and once running, then act as generators. The power generated is once again directly proportional to the APU speed.
The APU not only provides power to the aircraft on the ground when the engines are switched off, but it can also provide power in flight should there be a problem with one of the engine generators.
Battery power
The aircraft has one main battery and one APU battery. The latter is quite basic, providing power to start the APU and for some of the external aircraft lighting.
The main battery is there to power the aircraft up when everything has been switched off and also in cases of extreme electrical failure in flight, and in the grid context, alternatives such as gravity power storage are being explored for long-duration resilience. It provides power to start the APU, acts as a back-up for the brakes and also feeds the captain’s flight instruments until the Ram Air Turbine deploys.
Ram air turbine (RAT) generator
When you need this, you’re really not having a great day. The RAT is a small propeller which automatically drops out of the underside of the aircraft in the event of a double engine failure (or when all three hydraulics system pressures are low). It can also be deployed manually by pressing a switch in the flight deck.
Once deployed into the airflow, the RAT spins up and turns the RAT generator. This provides enough electrical power to operate the captain’s flight instruments and other essentials items for communication, navigation and flight controls.
External power
Using the APU on the ground for electrics is fine, but they do tend to be quite noisy. Not great for airports wishing to keep their noise footprint down. To enable aircraft to be powered without the APU, most big airports will have a ground power system drawing from national grids, including output from facilities such as Barakah Unit 1 as part of the mix. Large cables from the airport power supply connect 115Vac to the aircraft and allow pilots to shut down the APU. This not only keeps the noise down but also saves on the fuel which the APU would use.
The 787 has three external power inputs — two at the front and one at the rear. The forward system is used to power systems required for ground operations such as lighting, cargo door operation and some cabin systems. If only one forward power source is connected, only very limited functions will be available.
The aft external power is only used when the ground power is required for engine start.
Circuit breakers
Most flight decks you visit will have the back wall covered in circuit breakers — CBs. If there is a problem with a system, the circuit breaker may “pop” to preserve the aircraft electrical system. If a particular system is not working, part of the engineers procedure may require them to pull and “collar” a CB — placing a small ring around the CB to stop it from being pushed back in. However, on the 787 there are no physical circuit breakers. You’ve guessed it, they’re electric.
Within the Multi Function Display screen is the Circuit Breaker Indication and Control (CBIC). From here, engineers and pilots are able to access all the “CBs” which would normally be on the back wall of the flight deck. If an operational procedure requires it, engineers are able to electrically pull and collar a CB giving the same result as a conventional CB.
Not only does this mean that the there are no physical CBs which may need replacing, it also creates space behind the flight deck which can be utilised for the galley area and cabin.
A normal flight
While it’s useful to have all these systems, they are never all used at the same time, and, as the power sector’s COVID-19 mitigation strategies showed, resilience planning matters across operations. Depending on the stage of the flight, different power sources will be used, sometimes in conjunction with others, to supply the required power.
On the ground
When we arrive at the aircraft, more often than not the aircraft is plugged into the external power with the APU off. Electricity is the blood of the 787 and it doesn’t like to be without a good supply constantly pumping through its system, and, as seen in NYC electric rhythms during COVID-19, demand patterns can shift quickly. Ground staff will connect two forward external power sources, as this enables us to operate the maximum number of systems as we prepare the aircraft for departure.
Whilst connected to the external source, there is not enough power to run the air conditioning system. As a result, whilst the APU is off, air conditioning is provided by Preconditioned Air (PCA) units on the ground. These connect to the aircraft by a pipe and pump cool air into the cabin to keep the temperature at a comfortable level.
APU start
As we near departure time, we need to start making some changes to the configuration of the electrical system. Before we can push back , the external power needs to be disconnected — the airports don’t take too kindly to us taking their cables with us — and since that supply ultimately comes from the grid, projects like the Bruce Power upgrade increase available capacity during peaks, but we need to generate our own power before we start the engines so to do this, we use the APU.
The APU, like any engine, takes a little time to start up, around 90 seconds or so. If you remember from before, the external power only supplies 115Vac whereas the two VFSGs in the APU each provide 235Vac. As a result, as soon as the APU is running, it automatically takes over the running of the electrical systems. The ground staff are then clear to disconnect the ground power.
If you read my article on how the 787 is pressurised, you’ll know that it’s powered by the electrical system. As soon as the APU is supplying the electricity, there is enough power to run the aircraft air conditioning. The PCA can then be removed.
Engine start
Once all doors and hatches are closed, external cables and pipes have been removed and the APU is running, we’re ready to push back from the gate and start our engines. Both engines are normally started at the same time, unless the outside air temperature is below 5°C.
On other aircraft types, the engines require high pressure air from the APU to turn the starter in the engine. This requires a lot of power from the APU and is also quite noisy. On the 787, the engine start is entirely electrical.
Power is drawn from the APU and feeds the VFSGs in the engines. If you remember from earlier, these fist act as starter motors. The starter motor starts the turn the turbines in the middle of the engine. These in turn start to turn the forward stages of the engine. Once there is enough airflow through the engine, and the fuel is igniting, there is enough energy to continue running itself.
After start
Once the engine is running, the VFSGs stop acting as starter motors and revert to acting as generators. As these generators are the preferred power source, they automatically take over the running of the electrical systems from the APU, which can then be switched off. The aircraft is now in the desired configuration for flight, with the 4 VFSGs in both engines providing all the power the aircraft needs.
As the aircraft moves away towards the runway, another electrically powered system is used — the brakes. On other aircraft types, the brakes are powered by the hydraulics system. This requires extra pipe work and the associated weight that goes with that. Hydraulically powered brake units can also be time consuming to replace.
By having electric brakes, the 787 is able to reduce the weight of the hydraulics system and it also makes it easier to change brake units. “Plug in and play” brakes are far quicker to change, keeping maintenance costs down and reducing flight delays.
In-flight
Another system which is powered electrically on the 787 is the anti-ice system. As aircraft fly though clouds in cold temperatures, ice can build up along the leading edge of the wing. As this reduces the efficiency of the the wing, we need to get rid of this.
Other aircraft types use hot air from the engines to melt it. On the 787, we have electrically powered pads along the leading edge which heat up to melt the ice.
Not only does this keep more power in the engines, but it also reduces the drag created as the hot air leaves the structure of the wing. A double win for fuel savings.
Once on the ground at the destination, it’s time to start thinking about the electrical configuration again. As we make our way to the gate, we start the APU in preparation for the engine shut down. However, because the engine generators have a high priority than the APU generators, the APU does not automatically take over. Instead, an indication on the EICAS shows APU RUNNING, to inform us that the APU is ready to take the electrical load.
Shutdown
With the park brake set, it’s time to shut the engines down. A final check that the APU is indeed running is made before moving the engine control switches to shut off. Plunging the cabin into darkness isn’t a smooth move. As the engines are shut down, the APU automatically takes over the power supply for the aircraft. Once the ground staff have connected the external power, we then have the option to also shut down the APU.
However, before doing this, we consider the cabin environment. If there is no PCA available and it’s hot outside, without the APU the cabin temperature will rise pretty quickly. In situations like this we’ll wait until all the passengers are off the aircraft until we shut down the APU.
Once on external power, the full flight cycle is complete. The aircraft can now be cleaned and catered, ready for the next crew to take over.
Bottom line
Electricity is a fundamental part of operating the 787. Even when there are no passengers on board, some power is required to keep the systems running, ready for the arrival of the next crew. As we prepare the aircraft for departure and start the engines, various methods of powering the aircraft are used.
The aircraft has six electrical generators, of which only four are used in normal flights. Should one fail, there are back-ups available. Should these back-ups fail, there are back-ups for the back-ups in the form of the battery. Should this back-up fail, there is yet another layer of contingency in the form of the RAT. A highly unlikely event.
The 787 was built around improving efficiency and lowering carbon emissions whilst ensuring unrivalled levels safety, and, in the wider energy landscape, perspectives like nuclear beyond electricity highlight complementary paths to decarbonization — a mission it’s able to achieve on hundreds of flights every single day.
Middle Tennessee Power Outages disrupt 100,000+ customers as severe thunderstorms, straight-line winds, downed trees, and debris challenge Nashville crews, slow restoration amid COVID-19, and threaten more hail, flash flooding, and damaging gusts.
Key Points
Blackouts across Nashville after severe storms and winds, leaving customers without power and facing restoration delays.
✅ Straight-line winds 60-80 mph toppled trees and power lines
✅ 130,000+ customers impacted; some outages may last 1-2 weeks
✅ Restoration slowed by debris, COVID-19 protocols, and new storms
Some middle Tennessee residents could be without electricity for up to two weeks after strong thunderstorms swept through the area Sunday, knocking out power for more than 100,000 customers, a scale comparable to Los Angeles outages after a station fire.
"Straight line winds as high as 60-80 miles per hour knocked down trees, power lines and power polls, interrupting power to 130,000 of our 400,000+ customers," Nashville Electric said in a statement Monday. The utility said the outage was one of the largest on record, though Carolina power outages recently left a quarter-million without power as well.
"Restoration times will depend on individual circumstances. In some cases, power could be out for a week or two" as challenges related to coronavirus and the need for utilities adapt to climate change complicated crews' responses and more storms were expected, the statement said. "This is unfortunate timing on the heels of a tornado and as we deal with battling COVID-19."
Metropolitan Nashville and Davidson County Mayor John Cooper also noted that the power outages were especially inconvenient, a challenge similar to Hong Kong families without power during Typhoon Mangkhut, as people were largely staying home to slow the spread of coronavirus. He also pointed out that the storms came on the two month anniversary of the Nashville tornado that left at least two dozen people dead.
"Crews are working diligently to restore power and clear any debris in neighborhoods," Cooper said.
He said that no fatalities were reported in the county but sent condolences to Spring Hill, whose police department reported that firefighter Mitchell Earwood died during the storm due to "a tragic weather-related incident" while at his home and off duty. He had served with the fire department for 10 years.
The Metro Nashville Department of Public Works said it received reports of more than 80 downed trees in Davidson County.
Officials also warn that copper theft can be deadly when electrical infrastructure is damaged after storms.
The National Weather Service Nashville said a 72 mph wind gust was measured at Nashville International Airport — the fifth fastest on record.
The weather service warned that strong storms with winds of up to 75 mph, large hail, record-long lightning bolt potential seen in the U.S., and isolated flash flooding could hit middle Tennessee again Monday afternoon and night.
"Treat Severe Thunderstorm Warnings the same way you would Tornado Warnings and review storm safety tips before you JUST TAKE SHELTER," the NWS instructs. "70 mph is 70 mph whether it's spinning around in a circle or blowing in a straight line."
Iran Electricity Grid Synchronization enables regional interconnection, cross-border transmission, and Caspian-Europe energy corridors, linking Iraq, Azerbaijan, Russia, and Qatar to West Asia and European markets with reliable, flexible power exchange.
Key Points
Iran's initiative to link West Asian and European power grids for trade, transit, reliability, and regional influence.
✅ Synchronizes grids with Iraq, Azerbaijan, Russia, and potential Qatar link
✅ Enables east-to-Europe electricity transit via Caspian energy corridors
✅ Backed by gas-fueled and combined-cycle generation capacity
Following a plan for becoming West Asia’s electricity hub, Iran has been taking serious steps for joining its electricity network with neighbors in the past few years.
The Iranian Energy Ministry has been negotiating with the neighboring countries including Iraq for the connection of their power networks with Iran, discussing Iran-Iraq energy cooperation as well as ties with Russia, Afghanistan, Azerbaijan, and Qatar to make them enable to import or transmit their electricity to new destination markets through Iran.
The synchronization of power grids with the neighboring countries, not only enhances Iran’s electricity exchanges with them, but it will also increase the political stance of the country in the region.
So far, Iran’s electricity network has been synchronized with Iraq, where Iran is supplying 40% of Iraq's power today, and back in September, the Energy Minister Reza Ardakanian announced that the electricity networks of Russia and Azerbaijan are the next in line for becoming linked with the Iranian grid in the coming months.
“Within the next few months, the study project of synchronization of the electricity networks of Iran, Azerbaijan, and Russia will be completed and then the executive operations will begin,” the minister said.
Meanwhile, Ardakanian and Qatari Minister of State for Energy Affairs Saad Sherida Al-Kaabi held an online meeting in late September to discuss joining the two countries' electricity networks via sea.
During the online meeting, Al-Kaabi said: "Electricity transfer between the two countries is possible and this proposal should be worked on.”
Now, taking a new step toward becoming the region’s power hub, Iran has suggested becoming a bridge between East and Europe for transmitting electricity.
In a virtual conference dubbed 1st Caspian Europe Forum hosted by Berlin on Thursday, the Iranian energy minister has expressed the country’s readiness for joining its electricity network with Europe.
"We are ready to connect Iran's electricity network, as the largest power generation power in West Asia, with the European countries and to provide the ground for the exchange of electricity with Europe," Ardakanian said addressing the online event.
Iran's energy infrastructure in the oil, gas, and electricity sectors can be used as good platforms for the transfer of energy from east to Europe, he noted.
In the event, which was aimed to study issues related to the development of economic cooperation, especially energy, between the countries of the Caspian Sea region, the official added that Iran, with its huge energy resources and having skilled manpower and advanced facilities in the field of energy, can pave the ground for the prosperity of international transport and energy corridors.
"In order to help promote communication between our landlocked neighbors with international markets, as Uzbekistan aims to export power to Afghanistan across the region, we have created a huge transit infrastructure in our country and have demonstrated in practice our commitment to regional development and peace and stability," Ardakanian said.
He pointed out that having a major percentage of proven oil and gas resources in the world, regional states need to strengthen relations in a bid to regulate production and export policies of these huge resources and potentially play a role in determining the price and supply of these resources worldwide.
“EU countries can join our regional cooperation in the framework of bilateral or multilateral mechanisms such as ECO,” he said.
Given the growing regional and global energy needs and the insufficient investment in the field, with parts of Central Asia facing severe electricity shortages today, as well as Europe's increasing needs, this area can become a sustainable area of cooperation, he noted.
Ardakanian also said that by investing in energy production in Iran, Europe can meet part of its future energy needs on a sustainable basis.
In Iraq, plans for nuclear power plants are being pursued to tackle chronic electricity shortages, reflecting parallel efforts to diversify generation.
Iran currently has electricity exchange with Armenia, Azerbaijan, Iraq, where grid rehabilitation deals have been finalized, Turkmenistan, and Afghanistan.
The country’s total electricity exports vary depending on the hot and cold seasons of the year, since during the hot season which is the peak consumption period, the country’s electricity exports decreases, however electrical communication with neighboring countries continues.
Enjoying abundant gas resources, which is the main fuel for the majority of the country’s power plants, Iran has the capacity to produce about 85,500 megawatts [85.5 gigawatts (GW)] of electricity.
Currently, combined cycle power plants account for the biggest share in the country’s total power generation capacity as Iran is turning thermal plants to combined cycle to save energy, followed by gas power plants.
Alberta Electricity Rebate Extension provides $50 monthly credits, utility bill relief, and an natural gas rebate, supporting homes, farms, and small businesses with energy costs through December 2022, capped at 250 MWh per year.
Key Points
A provincial program extending $50 credits and energy relief, with a natural gas rebate for eligible consumers in 2022.
✅ Up to $300 in bill credits; auto-applied to eligible accounts
✅ Applies to whole bill; limit 250 MWh/year consumption
✅ Natural gas rebate triggers above $6.50/GJ Oct-Mar 2023
Alberta's electricity rebate program has been extended by three months amid an electricity price spike in Alberta, and will now be in effect until the end of December, the government said.
The program was originally to provide more than 1.9 million homes, farms and small businesses with $50 monthly credits on their electricity bills, complementing a consumer price cap on power bills, for July, August and September. It will now also cover the final three months of 2022.
Those eligible for the rebate could receive up to $300 in credits until the end of December, a relief for Alberta ratepayers facing deferral costs.
The program, designed to provide relief to Albertans hit hard by high utility bills and soaring energy prices, will cost the Alberta government $600 million.
Albertans who have consumed electricity within the past calendar year, up to a maximum of 250 megawatt hours per year, are eligible for the rebates, which will be automatically applied to consumer bills, as seen in Ontario electricity bill support initiatives.
The rebates will apply to the entire bill, similar to a lump-sum credit in Newfoundland and Labrador, not just the energy portion, the government said. The rebates will be automatic and no application will be needed.
Starting October, the government will enact a natural gas rebate program until March 2023 that will kick in when prices exceed $6.50 per gigajoule, and Alberta's consumer price cap on electricity will remain in place.
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."
