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Manitoba-Minnesota Transmission Project faces NEB certificate review, with public hearings, Indigenous consultation, and cross-border approval weighing permit vs certificate timelines, potential land expropriation, and Hydro's 2020 in-service date for the 308-MW intertie.

Key Points

A cross-border hydro line linking Manitoba and Minnesota, now under NEB review through a permit or certificate process.

✅ NEB recommends certificate with public hearings and cabinet approval

✅ Stakeholders cite land, health, and economic impacts along route

✅ Hydro targets May-June 2020 in-service despite review

A recommendation from the National Energy Board could push back the construction start date of a $453-million hydroelectric transmission line from Manitoba to Minnesota.

In a letter to federal Natural Resources Minister Jim Carr, the regulatory agency recommends using a "certificate" approval process, which could take more time than the simpler "permit" process Manitoba Hydro favours.

The certificate process involves public hearings, reflecting First Nations intervention seen in other power-line debates, to weigh the merits of the project, which would then go to the federal cabinet for approval.

The NEB says this process would allow for more procedural flexibility and "address Aboriginal concerns that may arise in the circumstances of this process."

The Manitoba-Minnesota Transmission Project would provide the final link in a chain that brings hydroelectricity from generating stations in northern Manitoba, through the Bipole III transmission line and, like the New England Clean Power Link project, across the U.S. border as part of a 308-megawatt deal with the Green Bay-based Wisconsin Public Service.

When Hydro filed its application in December 2016, it had expected to have approval by the end of August 2017 and to begin construction on the line in mid-December, in order to have the line in operation by May or June 2020.  

Groups representing stakeholders along the proposed route of the transmission line had mixed reactions to the energy board's recommendation.

A lawyer representing a coalition of more than 120 landowners in the Rural Municipality of Taché and around La Broquerie, Man., welcomed the opportunity to have a more "fulsome" discussion about the project.

"I think it's a positive step. As people become more familiar with the project, the deficiencies with it become more obvious," said Kevin Toyne, who represents the Southeast Stakeholders Coalition.

Toyne said some coalition members are worried that Hydro will forcibly expropriate land in order to build the line, while others are worried about potential economic and health impacts of having the line so close to their homes. They have proposed moving the line farther east.

When the Clean Environment Commission — an arm's-length provincial government agency — held public hearings on the proposed route earlier this year, the coalition brought their concerns forward, echoing Site C opposition voiced by northerners, but Toyne says both the commission and Hydro ignored them.

Hydro still aiming for 2020 in-service date

The Manitoba Métis Federation also participated in those public hearings. MMF president David Chartrand worries about the impact a possible delay, as seen with the Site C work halt tied to treaty rights, could have on revenue from sales of hydroelectric power to the U.S.

"I know that a lot of money, billions have been invested on this line. And if the connection line is not done, then of course this will be sitting here, not gaining any revenue, which will affect every Métis in this province, given our Hydro bill's going to go up," Chartrand said.The NEB letter to Minister Carr requests that he "determine this matter in an expedited manner."

Manitoba Hydro spokesperson Bruce Owen said in an email that the Crown corporation will participate in whatever process, permit or certificate, the NEB takes.

"Manitoba Hydro does not have any information at this point in time that would change the estimated in-service date (May-June 2020) for the Manitoba-Minnesota Transmission Project," he said.

The federal government "is currently reviewing the NEB's recommendation to designate the project as subject to a certificate, which would result in public hearings," said Alexandre Deslongchamps, a spokesperson for Carr.

"Under the National Energy Board Act, an international power line requires either the approval by the NEB through a permit or approval by the Government of Canada by a certificate. Both must be issued by the NEB," he wrote in an email to CBC News.

By law, the certificate process is not to take longer than 15 months.

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Smart EV Charging orchestrates vehicle-to-grid (V2G), demand response, and fast charging to balance the power grid, integrating renewables, electrolyzers for hydrogen, and megawatt chargers for fleets with advanced control and co-optimization.

Key Points

Smart EV charging coordinates EV load to stabilize the grid, cut peaks, and integrate renewable energy efficiently.

✅ Reduces peak demand via coordinated, flexible load control

✅ Enables V2G services with renewables and battery storage

✅ Supports megawatt fast charging for heavy-duty fleets

As electric vehicle (EV) sales continue to rev up in the United States, the power grid is in parallel contending with the greatest transformation in its 100-year history: the large-scale integration of renewable energy and power electronic devices. The expected expansion of EVs will shift those challenges into high gear, causing cities to face gigawatt-growth in electricity demand, as analyses of EV grid impacts indicate, and higher amounts of variable energy.

Coordinating large numbers of EVs with the power system presents a highly complex challenge. EVs introduce variable electrical loads that are highly dependent on customer behavior. Electrified transportation involves co-optimization with other energy systems, like natural gas and bulk battery storage, including mobile energy storage flexibility for new operational options. It could involve fleets of automated ride-hailing EVs and lead to hybrid-energy truck stops that provide hydrogen and fast-charging to heavy-duty vehicles.

Those changes will all test the limits of grid integration, but the National Renewable Energy Laboratory (NREL) sees opportunity at the intersection of energy systems and transportation. With powerful resources for simulating and evaluating complex systems, several NREL projects are determining the coordination required for fast charging, balancing electrical supply and demand, and efficient use of all energy assets.

Smart and Not-So-Smart Control
To appreciate the value of coordinated EV charging, it is helpful to imagine the opposite scenario.

"Our first question is how much benefit or burden the super simple, uncoordinated approach to electric vehicle charging offers the grid," said Andrew Meintz, the researcher leading NREL's Electric Vehicle Grid Integration team, as well as the RECHARGE project for smart EV charging. "Then we compare that to the 'whiz-bang,' everything-is-connected approach. We want to know the difference in value."

In the "super simple" approach, Meintz explained that battery-powered electric vehicles grow in market share, exemplified by mass-market EVs, without any evolution in vehicle charging coordination. Picture every employee at your workplace driving home at 5 p.m. and charging their vehicle. That is the grid's equivalent of going 0 to 100 mph, and if it does not wreck the system, it is at least very expensive. According to NREL's Electrification Futures Study, a comprehensive analysis of the impacts of widespread electrification across all U.S. economic sectors, in 2050 EVs could contribute to a 33% increase in energy use during peak electrical demand, underscoring state grid challenges that make these intervals costly when energy reserves are procured. In duck curve parlance, EVs will further strain the duck's neck.

The Optimization and Control Lab's Electric Vehicle Grid Integration bays allow researchers to determine how advanced high power chargers can be added safely and effectively to the grid, with the potential to explore how to combine buildings and EV charging. Credit: Dennis Schroeder, NREL
Meintz's "whiz-bang" approach instead imagines EV control strategies that are deliberate and serve to smooth, rather than intensify, the upcoming demand for electricity. It means managing both when and where vehicles charge to create flexible load on the grid.

At NREL, smart strategies to dispatch vehicles for optimal charging are being developed for both the grid edge, where consumers and energy users connect to the grid, as in RECHARGEPDF, and the entire distribution system, as in the GEMINI-XFC projectPDF. Both projects, funded by the U.S. Department of Energy's (DOE's) Vehicle Technologies Office, lean on advanced capabilities at NREL's Energy Systems Integration Facility to simulate future energy systems.

At the grid edge, EVs can be co-optimized with distributed energy resources—small-scale generation or storage technologies—the subject of a partnership with Eaton that brought industry perspectives to bear on coordinated management of EV fleets.

At the larger-system level, the GEMINI-XFC project has extended EV optimization scenarios to the city scale—the San Francisco Bay Area, to be specific.

"GEMINI-XFC involves the highest-ever-fidelity modeling of transportation and the grid," said NREL Research Manager of Grid-Connected Energy Systems Bryan Palmintier.

"We're combining future transportation scenarios with a large metro area co-simulationPDF—millions of simulated customers and a realistic distribution system model—to find the best approaches to vehicles helping the grid."

GEMINI-XFC and RECHARGE can foresee future electrification scenarios and then insert controls that reduce grid congestion or offset peak demand, for example. Charging EVs involves a sort of shell game, where loads are continually moved among charging stations to accommodate grid demand.

But for heavy-duty vehicles, the load is harder to hide. Electrified truck fleets will hit the road soon, creating power needs for electric truck fleets that translate to megawatts of localized demand. No amount of rerouting can avoid the requirements of charging heavy-duty vehicles or other instances of extreme fast-charging (XFC). To address this challenge, NREL is working with industry and other national laboratories to study and demonstrate the technological buildout necessary to achieve 1+ MW charging stationsPDF that are capable of fast charging at very high energy levels for medium- and heavy-duty vehicles.

To reach such a scale, NREL is also considering new power conversion hardware based on advanced materials like wide-bandgap semiconductors, as well as new controllers and algorithms that are uniquely suited for fleets of charge-hungry vehicles. The challenge to integrate 1+ MW charging is also pushing NREL research to higher power: Upcoming capabilities will look at many-megawatt systems that tie in the support of other energy sectors.

Renewable In-Roads for Hydrogen

At NREL, the drive toward larger charging demands is being met with larger research capabilities. The announcement of ARIES opens the door to energy systems integration research at a scale 10-times greater than current capabilities: 20 MW, up from 2 MW. Critically, it presents an opportunity to understand how mobility with high energy demands can be co-optimized with other utility-scale assets to benefit grid stability.

"If you've got a grid humming along with a steady load, then a truck requires 500 kW or more of power, it could create a large disruption for the grid," said Keith Wipke, the laboratory program manager for fuel cells and hydrogen technologies at NREL.

Such a high power demand could be partially served by battery storage systems. Or it could be hidden entirely with hydrogen production. Wipke's program, with support from the DOE's Hydrogen and Fuel Cell Technologies Office, has been performing studies into how electrolyzers—devices that use electricity to break water into hydrogen and oxygen—could offset the grid impacts of XFC. These efforts are also closely aligned with DOE's H2@Scale vision for affordable and effective hydrogen use across multiple sectors, including heavy-duty transportation, power generation, and metals manufacturing, among others.

"We're simulating electrolyzers that can match the charging load of heavy-duty battery electric vehicles. When fast charging begins, the electrolyzers are ramped down. When fast charging ends, the electrolyzers are ramped back up," Wipke said. "If done smoothly, the utility doesn't even know it's happening."

NREL Researchers Rishabh Jain, Kazunori Nagasawa, and Jen Kurtz are working on how grid integration of electrolyzers—devices that use electricity to break water into hydrogen and oxygen—could offset the grid impacts of extreme fast-charging. Credit: National Renewable Energy Laboratory
As electrolyzers harness the cheap electrons from off-demand periods, a significant amount of hydrogen can be produced on site. That creates a natural energy pathway from discount electricity into a fuel. It is no wonder, then, that several well-known transportation and fuel companies have recently initiated a multimillion-dollar partnership with NREL to advance heavy-duty hydrogen vehicle technologies.

"The logistics of expanding electric charging infrastructure from 50 kW for a single demonstration battery electric truck to 5,000 kW for a fleet of 100 could present challenges," Wipke said. "Hydrogen scales very nicely; you're basically bringing hydrogen to a fueling station or producing it on site, but either way the hydrogen fueling events are decoupled in time from hydrogen production, providing benefits to the grid."

The long driving range and fast refuel times—including a DOE target of achieving 10-minutes refuel for a truck—have already made hydrogen the standout solution for applications in warehouse forklifts. Further, NREL is finding that distributed electrolyzers can simultaneously produce hydrogen and improve voltage conditions, which can add much-needed stability to a grid that is accommodating more energy from variable resources.

Those examples that co-optimize mobility with the grid, using diverse technologies, are encouraging NREL and its partners to pursue a new scale of systems integration. Several forward-thinking projects are reimagining urban mobility as a mix of energy solutions that integrate the relative strengths of transportation technologies, which complement each other to fill important gaps in grid reliability.

The Future of Urban Mobility
What will electrified transportation look like at high penetrations? A few NREL projects offer some perspective. Among the most experimental, NREL is helping the city of Denver develop a smart community, integrated with electrified mobility and featuring automated charging and vehicle dispatch.

On another path to advanced mobility, Los Angeles has embarked on a plan to modernize its electricity system infrastructure, reflecting California EV grid stability goals—aiming for a 100% renewable energy supply by 2045, along with aggressive electrification targets for buildings and vehicles. Through the Los Angeles 100% Renewable Energy Study, the city is currently working with NREL to assess the full-scale impacts of the transition in a detailed analysis that integrates diverse capabilities across the laboratory.

The transition would include the Port of Long Beach, the busiest container port in the United States.

At the port, NREL is applying the same sort of scenario forecasting and controls evaluation as other projects, in order to find the optimal mix of technologies that can be integrated for both grid stability and a reliable quality of service: a mix of hydrogen fuel-cell and battery EVs, battery storage systems, on-site renewable generation, and extreme coordination among everything.

"Hydrogen at ports makes sense for the same reason as trucks: Marine applications have big power and energy demands," Wipke said. "But it's really the synergies between diverse technologies—the existing infrastructure for EVs and the flexibility of bulk battery systems—that will truly make the transition to high renewable energy possible."

Like the Port of Long Beach, transportation hubs across the nation are adapting to a complex environment of new mobility solutions. Airports and public transit stations involve the movement of passengers, goods, and services at a volume exceeding anywhere else. With the transition to digitally connected electric mobility changing how airports plan for the future, NREL projects such as Athena are using the power of high-performance computing to demonstrate how these hubs can maximize the value of passenger and freight mobility per unit of energy, time, and/or cost.

The growth in complexity for transportation hubs has just begun, however. Looking ahead, fleets of ride-sharing EVs, automated vehicles, and automated ride-sharing EV fleets could present the largest effort to manage mobility yet.

A Self-Driving Power Grid
To understand the full impact of future mobility-service providers, NREL developed the HIVE (Highly Integrated Vehicle Ecosystem) simulation framework. HIVE combines factors related to serving mobility needs and grid operations—such as a customer's willingness to carpool or delay travel, and potentially time-variable costs of recharging—and simulates the outcome in an integrated environment.

"Our question is, how do you optimize the management of a fleet whose primary purpose is to provide rides and improve that fleet's dispatch and charging?" said Eric Wood, an NREL vehicle systems engineer.

HIVE was developed as part of NREL's Autonomous Energy Systems research to optimize the control of automated vehicle fleets. That is, optimized routing and dispatch of automated electric vehicles.

The project imagines how price signals could influence dispatch algorithms. Consider one customer booking a commute through a ride-hailing app. Out of the fleet of vehicles nearby—variously charged and continually changing locations—which one should pick up the customer?

Now consider the movements of thousands of passengers in a city and thousands of vehicles providing transportation services. Among the number of agents, the moment-to-moment change in energy supply and demand, and the broad diversity in vendor technologies, "we're playing with a lot of parameters," Wood said.

But cutting through all the complexity, and in the midst of massive simulations, the end goal for vehicle-to-grid integration is consistent:

"The motivation for our work is that there are forecasts for significant load on the grid from the electrification of transportation," Wood said. "We want to ensure that this load is safely and effectively integrated, while meeting the expectations and needs of passengers."

The Port of Long Beach uses a mix of hydrogen fuel-cell and battery EVs, battery storage systems, on-site renewable generation, and extreme coordination among everything. Credit: National Renewable Energy Laboratory
True Replacement without Caveats

Electric vehicles are not necessarily helpful to the grid, but they can be. As EVs become established in the transportation sector, NREL is studying how to even out any bumps that electrified mobility could cause on the grid and advance any benefits to commuters or industry.

"It all comes down to load flexibility," Meintz said. "We're trying to decide how to optimally dispatch vehicle charging to meet quality-of-service considerations, while also minimizing charging costs."

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Alberta NDP Net-Zero Electricity Plan targets a 2035 clean grid, expands renewable energy, cuts emissions, creates jobs, and boosts economic diversification and rural connectivity, aligning Alberta with Canada's 2050 climate goals.

Key Points

A policy to achieve a net-zero electricity grid by 2035, advance renewable energy, cut emissions, and grow jobs.

✅ Net-zero electricity grid target set for 2035

✅ Scales renewable energy and emissions reductions

✅ Focus on jobs, rural connectivity, and diversification

Ahead of the NDP’s weekend convention, Alberta’s Opposition leader has committed to transforming the province’s energy sector and moving the province’s electricity grid to net-zero by 2035, despite debate over the federal 2035 net-zero electricity grid target in other provinces, should an orange crush wash over Alberta in the next election.

NDP Leader Rachel Notley said they would achieve this as part of the path towards Canada’s 2050 net-zero emissions goal, aligning with broader clean grids trends, which will help preserve and create jobs in the province.

“I think it’s an important goal. It’s a way of framing the work that we’re going to do within our energy industry and our energy sector, including how Alberta produces and pays for electricity going forward,” said Notley. “We know the world is moving toward different objectives and we still have the ability to lead on that front, but we need to lay down the markers early and focus on reaching those goals.”

Premier Jason Kenney has previously called the 2050 target “aspirational,” and, as the electricity sector faces profound change in Alberta, Notley said, once the work begins, it’s likely they would meet the objective earlier than proposed to reduce greenhouse gas emissions that contribute to global warming.

This is just one key issue that will be addressed at the party’s online convention, which is the first since the NDP’s defeat by the UCP in the last provincial election. Notley said other key issues will address economic diversification, economic recovery, job creation and social issues, as Alberta’s electricity market is headed for a reshuffle too. The focus, as she puts it, is “jobs, jobs, jobs.”

Attendees will also debate more than 140 policy resolutions over the weekend, including the development of a safe supply drug policy, banning coal mining in the Rocky Mountains and providing paid sick leave for workers.

Outside the formal agenda, debate over electricity market competition continues in Alberta as stakeholders weigh options.

Notley said an area of growing focus for the NDP will be rural Alberta, which is typically a conservative stronghold. One panel presentation during the convention will focus on connecting and building relationships with rural Albertans and growing the NDP profile in those areas.

“We think that we have a lot to offer rural Alberta and that, quite frankly, the UCP and (Kenney), in particular, have profoundly taken rural Alberta for granted,” she said. “Because of that, we think with a renewed energy amongst our membership to go out to parts of the province where we haven’t been previously as active, and talk about what they have been subjected to in the last two years, that we have huge opportunities there.”

Delegates will be asked to support a call for high-speed internet coverage across Alberta, which would remove barriers to access in rural Alberta and Indigenous communities, said the convention guidebook.

The convention comes as the NDP has a wide lead on the UCP, according to the latest polls. A Leger online survey of 1,001 Albertans conducted between March 5 to 8 found 40 per cent of respondents support the NDP, compared to just 20 per cent for the UCP.

Notley said it’s “encouraging” to see, but they aren’t taking anything for granted.

“I’ve always believed that Alberta Democrats have to work twice as hard as anybody else in the political spectrum, or the political arena,” she said. “So what we’re going to do is continue to do exactly what we have been, not only being a strong and I would argue fearless Opposition, but also trying to match every oppositional position with something that is propositional — offering Albertans a different vision, including an Alberta path to clean electricity where possible.”

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Ontario Teachers SSEN Transmission Investment advances UK renewable energy, with a 25% minority stake in SSE plc's electricity transmission network, backing offshore wind, grid expansion, and Net Zero 2050 goals across Scotland and UK.

Key Points

A 25% stake by Ontario Teachers in SSE's SSEN Transmission to fund UK grid upgrades and accelerate renewables.

✅ £1,465m cash for 25% minority stake in SSEN Transmission

✅ Supports offshore wind, grid expansion, and Net Zero targets

✅ Partnering SSE plc to deliver clean, affordable power in the UK

Ontario Teachers’ Pension Plan Board (‘Ontario Teachers’) has reached an agreement with Scotland-based energy provider SSE plc (‘SSE’) to acquire a 25% minority stake in its electricity transmission network business, SSEN Transmission, to provide clean, affordable renewable energy to millions of homes and businesses across the UK, reflecting how clean-energy generation powers both the economy and the environment.

The transaction is based on an effective economic date of 31 March 2022, and total cash proceeds of £1,465m for the 25% stake are expected at completion. The transaction is expected to complete shortly.

Measures such as Ontario's 2021 electricity rate reductions have aimed to ease costs for businesses, informing broader discussions on affordability.

SSEN Transmission, which operates under its licenced entity, Scottish Hydro Electric Transmission plc, transports electricity generated from renewable resources – including onshore and offshore wind and hydro – from the north of Scotland across more than a quarter of the UK land mass amid scrutiny of UK electricity and gas networks profits under the regulatory regime. The investment by Ontario Teachers’ will help support the UK Government’s Net Zero 2050 targets, including the delivery of 50GW of offshore wind capacity by 2030.

Charles Thomazi, Senior Managing Director, Head of EMEA Infrastructure & Natural Resources, from Ontario Teachers’ said, noting that in Canada decisions like the OEB decision on Hydro One's T&D rates guide utility planning:

“SSEN Transmission is one of Europe’s fastest growing transmission networks. Its network stretches across some of the most challenging terrain in Scotland – from the North Sea and across the Highlands – to deliver safe, reliable, renewable energy to demand centres across the UK.

We’re delighted to partner again with SSE and are committed to supporting the growth of its network and the vital role it plays in the UK’s green energy revolution.”

Investor views on regulated utilities can diverge, as illustrated by analyses of Hydro One's investment outlook that weigh uncertainties and risk factors.

Rob McDonald, Managing Director of SSEN Transmission, said:

“With the north of Scotland home to the UK’s greatest resources of renewable electricity we have a critical role to play in helping deliver the UK and Scottish Governments net zero commitments.  Our investments will also be key to securing the UK’s future energy independence through enabling the deployment of homegrown, affordable, low carbon power.

“With significant growth forecast in transmission, bringing in Ontario Teachers’ as a minority stake partner will help fund our ambitious investment plans as we continue to deliver a network for net zero emissions across the north of Scotland.” 

Ontario Teachers’ Infrastructure & Natural Resources group invests in electricity infrastructure worldwide to accelerate the energy transition with current investments including Caruna, Finland’s largest electricity distributor, Evoltz, a leading electricity transmission platform in Brazil, and Spark Infrastructure, which invests in essential energy infrastructure in Australia to serve over 5 million homes and businesses.

In Ontario, distribution consolidation has included the sale of Peterborough Distribution to Hydro One for $105 million, illustrating ongoing sector realignment.

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Celtic Interconnector, a subsea electricity link between Ireland and France, connects EU grids via a high-voltage submarine cable, boosting security of supply, renewable integration, and cross-border trade with 700 MW capacity by 2026.

Key Points

A 700 MW subsea link between Ireland and France, boosting security, enabling trade, and supporting renewables.

✅ Approx. 600 km subsea cable from East Cork to Brittany

✅ 700 MW capacity; powers about 450,000 homes

✅ Financed by EIB, banks, CEF; Siemens Energy and Nexans

France and Ireland signed contracts on Friday to advance the Celtic Interconnector, a subsea electricity link to allow the exchange of electricity between the two EU countries. It will be the first interconnector between continental Europe and Ireland, as similar UK interconnector plans move forward in parallel. 

Representatives for Ireland’s electricity grid operator EirGrid and France’s grid operator RTE signed financial and technical agreements for the high-voltage submarine cable, mirroring developments like Maine’s approved transmission line in North America for cross-border power. The countries’ respective energy ministers witnessed the signing.

European commissioner for energy Kadri Simson said:

In the current energy market situation, marked by electricity price volatility, and the need to move away from imports of Russian fossil fuels, European energy infrastructure has become more important than ever.

The Celtic Interconnector is of paramount importance as it will end Ireland’s isolation from the Union’s power system, with parallels to Cyprus joining the electricity highway in the region, and ensure a reliable high-capacity link improving the security of electricity supply and supporting the development of renewables in both Ireland and France.

EirGrid and RTE signed €800 million ($827 million) worth of financing agreements with Barclays, BNP Paribas, Danske Bank, and the European Investment Bank, similar to the Lake Erie Connector investment that blends public and private capital.

In 2019, the project was awarded a Connecting Europe Facility (CEF) grant worth €530.7 million to support construction works and align with a broader push for electrification in Europe under climate strategies. The CEF program also provided €8.3 million for the Celtic Interconnector’s feasibility study and initial design and pre-consultation.

Siemens Energy will build converter stations in both countries, and Paris-based global cable company Nexans will design and install a 575-km-long cable for the project.

The cable will run between East Cork, on Ireland’s southern coast, and northwestern France’s Brittany coast and will connect into substations at Knockraha in Ireland and La Martyre in France.

The Celtic Interconnector, which is expected to be operational by 2026, will be approximately 600 km (373 miles) long and have a capacity of 700 MW, similar to cross-border initiatives such as Quebec-to-New York power exports expected in 2025, which is enough to power 450,000 households.

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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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