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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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Toyota and Honda Moving e delivers hydrogen backup power via a fuel cell bus, portable batteries, and power exporters for disaster relief, emergency electricity, and grid outage support near charging stations and microgrids.

Key Points

A hydrogen mobile power system using a fuel cell bus and batteries to supply emergency electricity during disasters.

✅ Fuel cell bus outputs up to 18 kW, 454 kWh capacity

✅ Portable batteries and power exporter deliver site power

✅ Supports disaster relief near hydrogen charging stations

Without the uninterrupted supply of power and electricity, modern economies would be unable to function. A blackout can impact everything from transport to health care, communication, and even water supplies, as seen in a near-blackout in Japan that strained the grid. It is one of the key security concerns for every government on earth, a point underscored by Fatih Birol on electricity options during the pandemic, and the growth in the market for backup power reflects that fact. In 2018, the global Backup Power market was $14.9 billion and is expected to reach $22 billion by the end of 2025, growing at a CAGR of 5.0 percent between 2019 and 2025.

It is against this backdrop that Toyota and Honda have come up with a new and innovative solution to providing electricity during disasters. The two transport giants have launched a mobile power generation system that consists of a fuel cell bus that can carry a large amount of hydrogen, aligned with Japan's hydrogen energy system efforts underway, portable external power output devices, and portable batteries to disaster zones. The system, which is called ‘Moving e’ includes Toyota’s charging station fuel cell bus, Honda’s power exporter 9000 portable external power output device, two types of Honda’s portable batteries, and a Honda Mobile Power Pack Charge & Supply Concept charger/discharger for MPP. 

In simple terms, the bus would drive to a disaster zone, and while other approaches such as gravity energy storage are advancing, the portable batteries and power output devices would be used to extract electricity from the fuel cell bus and provide it wherever it is needed. The bus itself can generate 454kWh and has a maximum output of 18kW. That is more than enough energy to supply electricity for large indoor areas such as an evacuation area. The bus is also fitted with space for people to nap or rest during a disaster.

The two companies plan to test the effectiveness of the Moving e at multiple municipalities and businesses. These locations will have to be within 100km of a hydrogen station that is capable of refueling the bus. If the bus has to drive 200km, then its electricity supply to the disaster zone would drop from 490kwh to 240kWh. While there aren’t currently enough hydrogen stations to make this a realistic scenario for all disaster zones, especially as countries push for hydrogen-ready power plants in Germany and related infrastructure, hydrogen is growing increasingly competitive with gasoline and diesel.

While gas generators are still considered more reliable and generally cheaper than backup batteries for home use, cleaner backup power is growing increasingly popular, and novel storage like power-to-gas in Europe is also advancing across grids. This latest development by Toyota and Honda is another step forward for the battery and fuel cell industry, with initiatives like PEM hydrogen R&D in China accelerating progress, – especially considering the meteoric rise of hydrogen energy in recent years.
 

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Philippsburg Demolition Delay: EnBW postpones controlled cooling-tower blasts amid the coronavirus pandemic, affecting decommissioning timelines in Baden-Wurttemberg and grid expansion for a transformer station to route renewable power and secure supply in southern Germany.

Key Points

EnBW's COVID-19 delay of Philippsburg cooling-tower blasts, affecting decommissioning and grid plans.

✅ Controlled detonation shifted to mid-May at earliest

✅ Demolition links to transformer station for north-south grid

✅ Supports security of supply in southern Germany

German energy company EnBW said the coronavirus outbreak has impacted plans to dismantle its Philippsburg nuclear power plant in Baden-Wurttemberg, southwest Germany, amid plans to phase out coal and nuclear nationally.

The controlled detonation of Phillipsburg's cooling towers will now take place in mid-May at the earliest, subject to coordination as Germany debates whether to reconsider its nuclear phaseout in light of supply needs.

However, EnBW said the exact demolition date depends on many factors - including the further development in the coronavirus pandemic and ongoing climate policy debates about energy choices.

Philippsburg 2, a 1402MWe pressurised water reactor unit permanently shut down on 31 December 2019, as part of Germany's broader effort to shut down its remaining reactors over time.

At the end of 2019, the Ministry of the Environment gave basic approval for decommissioning and dismantling of unit 2 of the Philippsburg nuclear power plant, inluding explosive demolition of the colling towers. Since then EnBW has worked intensively on getting all the necessary formal steps on the way and performing technical and logistical preparatory work, even as discussions about a potential nuclear resurgence continue nationwide.

“The demolition of the cooling towers is directly related to future security of supply in southern Germany. We therefore feel obliged to drive this project forward," said Jörg Michels head of the EnBW nuclear power division.

The timely removal of the cooling towers is important as the area currently occupied by nuclear plant components is needed for a transformer station for long-distance power lines, an issue underscored during the energy crisis when Germany temporarily extended nuclear power to bolster supply. These will transport electricity from renewable sources in the north to industrial centres in the south.

As of early 2020, there six nuclear reactors in operation in Germany, even as the country turned its back on nuclear in subsequent years. According to research institute Fraunhofer ISE, nuclear power provided about 14% of Germany's net electricity in 2019, less than half of the figure for 2000.

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Canada 100% Renewable Power by 2035 envisions a decentralized grid built on wind, solar, energy storage, and efficiency, delivering zero-emission, resilient, low-cost electricity while phasing out nuclear and gas to meet net-zero targets.

Key Points

Zero-emission, decentralized grid using wind, solar, and storage, plus efficiency, to retire fossil and nuclear by 2035.

✅ Scale wind and solar 18x with storage for reliability.

✅ Phase out nuclear and gas; no CCS or offsets needed.

✅ Modernize grids and codes; boost efficiency, jobs, and affordability.

A powerful derecho that left nearly a million people without power in Ontario and Quebec on May 21 was a reminder of the critical importance of electricity in our daily lives.

Canada’s electrical infrastructure could be more resilient to such events, while being carbon-emission free and provide low-cost electricity with a decentralized grid powered by 100 per cent renewable energy, according to a new study from the David Suzuki Foundation (DSF), a vision of an electric, connected and clean future if the country chooses.

This could be accomplished by 2035 by building a lot more solar and wind, despite indications that demand for solar electricity has lagged in Canada, adding energy storage, while increasing the energy efficiency in buildings, and modernizing provincial energy grids. As this happens, nuclear energy and gas power would be phased out. There would also be no need for carbon capture and storage nor carbon offsets, the modeling study concluded.

“Solar and wind are the cheapest sources of electricity generation in history,” said study co-author Stephen Thomas, a mechanical engineer and climate solutions policy analyst at the DSF.

“There are no technical barriers to reaching 100 per cent zero-emission electricity by 2035 nationwide,” Thomas told The Weather Network (TWN). However, there are considerable institutional and political barriers to be overcome, he said.

Other countries face similar barriers and many have found ways to reduce their emissions; for example, the U.S. grid's slow path to 100% renewables illustrates these challenges. There are enormous benefits including improved air quality and health, up to 75,000 new jobs annually, and lower electricity costs. Carbon emissions would be reduced by 200 million tons a year by 2050, just over one quarter of the reductions needed for Canada to meet its overall net zero target, the study stated.

Building a net-zero carbon electricity system by 2035 is a key part of Canada’s 2030 Emissions Reduction Plan. Currently over 80 per cent of the nation’s electricity comes from non-carbon sources including a 15 per cent contribution from nuclear, with solar capacity nearing a 5 GW milestone nationally. How the final 20 per cent will be emission-free is currently under discussion.

The Shifting Power study envisions an 18-fold increase in wind and solar energy, with the Prairie provinces expected to lead growth, along with a big increase in Canada’s electrical generation capacity to bridge the 20 per cent gap as well as replacing existing nuclear power.

The report does not see a future role for nuclear power due to the high costs of refurbishing existing plants, including the challenges with disposal of radioactive wastes and decommissioning plants at their end of life. As for the oft-proposed small modular nuclear reactors, their costs will likely “be much more costly than renewables,” according to the report.

There are no technical barriers to building a bigger, cleaner, and smarter electricity system, agrees Caroline Lee, co-author of the Canadian Climate Institute’s study on net-zero electricity, “The Big Switch” released in May. However, as Lee previously told TWN, there are substantial institutional and political barriers.

In many respects, the Shifting Power study is similar to Lee’s study except it phases out nuclear power, forecasts a reduction in hydro power generation, and does not require any carbon capture and storage, she told TWN. Those are replaced with a lot more wind generation and more storage capacity.

“There are strengths and weaknesses to both approaches. We can do either but need a wide debate on what kind of electricity system we want,” Lee said.

That debate has to happen immediately because there is an enormous amount of work to do. When it comes to energy infrastructure, nearly everything “we put in the ground has to be wind, solar, or storage” to meet the 2035 deadline, she said.

There is no path to net zero by 2050 without a zero-emissions electricity system well before that date. Here are some of the necessary steps the report provided:

Create a range of skills training programs for renewable energy construction and installation as well as building retrofits.

Prioritize energy efficiency and conservation across all sectors through regulations such as building codes.

Ensure communities and individuals are fully informed and can decide if they wish to benefit from hosting energy generation infrastructure.

Create a national energy poverty strategy to ensure affordable access.

Strong and clear federal and provincial rules for utilities that mandate zero-emission electricity by 2035.

For Indigenous communities, make sure ownership opportunities are available along with decision-making power.

Canada should move as fast as possible to 100 per cent renewable energy to gain the benefits of lower energy costs, less pollution, and reduced carbon emissions, says Stanford University engineer and energy expert Mark Jacobson.

“Canada has so many clean, renewable energy resources that it is one of the easier countries [that can] transition away from fossil fuels,” Jacobson told TWN.

For the past decade, Jacobson has been producing studies and technical reports on 100 per cent renewable energy, including a new one for Canada, even as Canada is often seen as a solar power laggard today. The Stanford report, A Solution to Global Warming, Air Pollution, and Energy Insecurity for Canada, says a 100 per cent transition by 2035 timeline is ideal. Where it differs from DSF’s Shifting Power report is that it envisions offshore wind and rooftop solar panels which the latter did not.

“Our report is very conservative. Much more is possible,” agrees Thomas.

“We’re lagging behind. Canadians really want to get going on building solutions and getting the benefits of a zero emissions electricity system.”

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U.S. Wind Generation surpassed hydroelectric output in 2019, EIA data shows, becoming the top renewable electricity source, driven by PTC incentives, expanded capacity, and utility-scale projects across states, boosting the national electricity mix.

Key Points

U.S. Wind Generation is the nation's top renewable, surpassing hydro as EIA-tracked capacity grows under PTC incentives.

✅ EIA: wind topped hydro in 2019, over 300M MWh generated

✅ PTC credits spurred growth in utility-scale wind projects

✅ 103 GW installed; 77% added in the last decade

Last year saw wind power surging in the U.S. to overtake hydroelectric generation for the first time, according to data from the U.S. Energy Information Administration (EIA).

Released Wednesday, the figures from the EIA’s “Electric Power Monthly” report show that yearly wind generation hit a little over 300 million megawatt hours (MWh) in 2019. This was roughly 26 million MWh more than hydroelectric production.

Wind now represents the “most-used renewable electricity generation source” in the U.S., the EIA said, and renewables hit a 28% monthly record in April in later data.

Overall, total renewable electricity generation — which includes sources such as solar's 4.7% share in 2022 as one example, geothermal and landfill gas — at utility scale facilities hit more than 720 million MWh in 2019, compared to just under 707 million MWh in 2018. To put things in perspective, generation from coal came to more than 966 million MWh in 2019, while renewables surpassed coal in 2022 nationally according to later analyses.

According to the EIA’s “Today in Energy” briefing, which was also published Wednesday, generation from wind power has grown “steadily” across the last decade, and by 2020, renewables became the second-most prevalent source in the U.S. power mix.

This, it added, was partly down to the extension of the Production Tax Credit, or PTC, amid favorable government plans supporting solar and wind growth. According to the EIA, the PTC is a system which gives operators a tax credit per kilowatt hour of renewable electricity production. It applies for the first 10 years of a facility’s operation.

At the end of 2019, the country was home to 103 gigawatts (GW) of wind capacity, with 77% of this being installed in the last decade, and wind capacity surpassed hydro in 2016 according to industry data. The U.S. is home 80 GW of hydroelectric capacity, according to the EIA.

“The past decade saw a steady increase in wind capacity across the country and we capped the decade with a monumental achievement for the industry in reaching more than 100 GW,” Tom Kiernan, the American Wind Energy Association’s CEO, said in a statement issued Thursday.

“And more wind energy is coming, as the industry is well into investing $62 billion in new projects over the next few years that put us on the path to achieving 20 percent of the nation’s electricity mix in 2030,” Kiernan went on to state.

“As a result, wind is positioned to remain the largest renewable energy generator in the country for the foreseeable future.”

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California Gas Plant Extensions keep Ormond Beach, AES Alamitos, and Huntington Beach on standby for grid reliability during heat waves, as regulators balance renewables, battery storage, and power, pending State Water Resources Control Board approval.

Key Points

State plan extending three coastal gas plants to 2026, adding capacity as California expands renewables and storage.

✅ Extends Ormond Beach, AES Alamitos, AES Huntington Beach

✅ Mitigates blackout risk during extreme heat and peak demand

✅ Pending State Water Resources Control Board approval

Temperatures in many California cities are cooling down this week, but a debate is simmering on how to generate enough electricity to power the state through extreme weather events while transitioning away from a reliance on fossil fuels as clean energy progress indicates statewide.

The California Energy Commission voted Wednesday to extend the life of three gas power plants along the state’s southern coast through 2026, even as natural-gas electricity records persist nationwide, postponing a shutoff deadline previously set for the end of this year. The vote would keep the decades-old facilities _ Ormond Beach Generating Station, AES Alamitos and AES Huntington Beach — open so they can run during emergencies.

The state is at a greater risk of blackouts during major events when many Californians simultaneously crank up their air conditioning, such as a blistering heat wave, illustrated by widespread utility shutoffs in recent years.

“We need to move faster in incorporating renewable energy. We need to move faster at incorporating battery storage. We need to build out chargers faster,” commissioner Patricia Monahan said amid an ongoing debate over the classification of nuclear power in California. “We’re working with all the energy institutions to do that, but we are not there yet.”

The plan, put together by the state’s Department of Water Resources, still needs final approval from the State Water Resources Control Board, which may vote on the issue next week. Democratic Gov. Gavin Newsom signed legislation last year creating an energy reserve the state could use as a last resort if there is likely to be an energy shortage, a challenge mirrored by Ontario electricity shortfall concerns elsewhere. The law allowed the Department of Water Resources to fund or secure power sources in those instances, after PG&E shutdown reasons drew attention to grid vulnerabilities.

The commission acknowledged it was a difficult decision. Environmentalists say the state needs to transition to more short- and long-term solutions that will help it move away from fossil fuels and to rely more on renewable energy sources like solar and wind, similar to Ontario's clean power push in recent years. They’re also concerned about the health impacts associated with pollution from gas plants.

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