Duke criticized for drought protocol

By Knight Ridder Tribune


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Catawba Riverkeeper Donna Lisenby gives two reasons why the severe drought all but crippled the Catawba River basin in 2007.

The first, naturally, is a shortage of rainfall. The second, she said, is the system in place to prevent such problems did not work. "The Low Inflow Protocol didn't really work," said Lisenby as part of her public presentation "How Low Can We Go? Enduring the Drought of 2007-2008" at a recent CovekeepersÂ’ meeting at Red Fez Club in Steele Creek.

Duke Energy introduced the system, known as the Low Inflow Protocol, of checks and responses for water storage throughout the Catawba basin as part of its federal hydroelectric relicensing effort for 2008. The system was used voluntarily in 2007 by municipalities drawing Catawba water, increasing from a drought watch to mandatory- use restrictions by fall.

Now, looking back on the first trial for the LIP system, Lisenby says it needs to be reevaluated as dry weather looms in 2008.

"That minimum lake level for Lake Wylie does not work," Lisenby said. "Even if it did work, it was too little, too late."

The LIP system sets minimum lake levels for each of the 11 reservoirs along the Catawba, including Lake Wylie. As Lake Wylie dipped within two inches of its minimum level in the fall, the local boating economy and lake structures were damaged, Lisenby said. Access areas were closed and the impact on wildlife may not be fully known until the drought ends, she added.

Duke, however, considers the LIP model a success in that even record high temperatures in the summer and record low rainfall for several months could not push lakes below minimum levels, which are set based on the highest water intake.

"Clearly, the Low Inflow Protocol has worked and continues to be effective as water remains available for vital public safety and health needs," said Marilyn Lineberger, Duke spokeswoman.

Lisenby presented statistics showing seven basin water users actually increased overall water consumption in May through September 2007 compared to the same time in 2006. "We used more water in 2007 with mandatory restrictions on water use," she said.

Charlotte Mecklenburg Utilities showed an increase of more than 700 million gallons take out in May and June 2007 during the drought-watch stage.

During Stage 1 restrictions in July, use was up 141 million gallons compared to July 2006. By Stage 2 restrictions in August, water use was up 724 million gallons from August 2006.

By September 2007, which introduced Stage 3 mandatory restrictions, use increased 235 million gallons from the previous year.

Lisenby added factors including area growth could have contributed to the increases. Duke did not want to discuss data from other utilities. However, Lineberger said, by working with 24 water providers, water use in 2007 was lower than it would have been without the LIP system.

"By following the Low Inflow Protocol, individuals, businesses, cities and towns have conserved water and bought more time until normal rainfall patterns can return to our region," she said. Lisenby also said the LIP system does not provide enough in terms of limiting water use by the region's largest water user - Duke.

The 18 power plants along the Catawba use significantly more water than residential or commercial customers, with some plants requiring up to 30 gallons of cooling water to produce one kilowatt hour of electricity. Recent studies from Georgia show similar power plants requiring homes, on average, to use 27,000 gallons of water a month just in electricity production.

"Duke reduced its hydroelectric generation by more than 60 percent in order to save water during this period of drought," Lineberger said. "It's important to note that the basin supports power plants that generate vital electricity for a million or more customers."

Lisenby and Lineberger agree power is necessary, but Lisenby says more can be done to recycle water used to cool power plants. The two also agree that regardless of how well the LIP performs, the continuing drought is the biggest factor for low water levels.

"The biggest reason we dropped so low is the weather," Lisenby said. "We just didn't have the rainfall."

Duke will wait until the drought ends before deciding whether to make changes to the LIP system, which could require a federal application if changes are needed with its hydroelectric license.

"Once the drought is over, lessons learned will be reviewed and recommendations made to Duke Energy for future improvements in the interest of continuously improving the Low Inflow Protocol," Lineberger said.

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Sub-Saharan Africa has a huge electricity problem - but with challenge comes opportunity

Sub-Saharan Africa Energy Access faces critical deficits; SDG7, clean energy finance, off-grid solar, and microgrids drive electrification for health, education, and economy amid World Bank and IEA efforts to expand reliable, affordable power.

 

Key Points

Reliable, affordable power in sub-Saharan Africa via renewables, off-grid solar, and SDG7-led electrification.

✅ SDG7 targets universal, modern energy access by 2030

✅ Off-grid solar and microgrids boost rural electrification

✅ Health, education, and business depend on reliable power

 

Sub-Saharan Africa has an electricity problem. While the world as a whole has made great strides when it comes to providing access to electricity and moving toward universal electricity access worldwide (the world average is now 90 per cent with access, up from 83 per cent in 2010), southern and western African states still lag far behind.

According to Tracking SDG7: The Energy Progress Report, produced by a consortium of organisations including the World Bank, the International Energy Agency and the World Health Organization, 759 million people were without electricity in 2019 and threequarters of them were based in sub-Saharan Africa. At just seven per cent, South Sudan had the lowest access figures; Chad, Burundi and Malawi were only marginally higher. What’s more, due to a combination of factors, the situation is getting worse. In total, the region’s access deficit increased from 556 million people in 2010 to 570 million people in 2019.

These days, being without electricity has an impact on every sphere of life. The Covid-19 pandemic only served to put this into sharper relief. Intermittent electricity meant vaccination doses that rely on cold storage were impossible to deliver and, as more than 70 per cent of the health facilities in sub-Saharan Africa have no access to reliable electricity, the problem was vast. But even without a global pandemic, having no power stymies opportunity in every field, from education to economics.

French photojournalist Pascal Maitre, who has spent much of his career writing about sub-Saharan Africa, wanted to document the problems faced by people in areas with no electricity. He thought particularly carefully about the location for his project. ‘First, I was thinking I could take images in the Democratic Republic of the Congo,’ he says. ‘But then I thought that if you chose a place that has war, it’s logical that electricity won’t really work. So, instead, I wanted to find a place that is quite stable. I decided to go to Benin, where they have a democracy. It is a good example of a country that’s not in really bad shape but where they still have this problem. Also, I didn’t want to go to a place that is very remote, where it is normal not to have good service. So I decided to go to a place around 50 kilometres from the capital that you can get to by road.’

Maitre visited several villages in the region, as well as making trips to Chad and Senegal, and encountered the full range of limitations engendered by the power shortage. From teachers struggling to conduct lessons in the dark to midwives forced to work with only the weak light from a phone, the situation was clearly unacceptable. ‘People were very, very, very upset,’ he says. ‘I conducted a lot of interviews in different villages and lack of electricity touches education, economy, business, security and also emigration, because people have to move to big cities or maybe to Europe to get jobs.’

Where once the situation might have been accepted as the norm, people today are fully aware of the ways in which they are held back by the lack of power. As Maitre remembers: ‘A guy said to me one day, “Do you think it is normal that last time my wife delivered a baby, the midwife had to hold her phone between her teeth in order to see what she was doing?” You feel very frustrated.’ He adds that the fact that most people now have mobile phones only highlights the hardship. ‘Before, maybe it was not so frustrating. But now, most of these people have cellphones. The cellphone company puts antennae everywhere so the phones work, but people cannot recharge their phones. They have to go to the market, where someone will come with a generator to recharge.’

Governments and global organisations are very aware of the problem across the world as a whole. Sustainable Development Goal 7 (SDG7) – one of the 17 goals set out in 2015 by the United Nations General Assembly – was designed to ensure universal access to affordable, reliable, sustainable and modern energy by 2030, underscoring the push for clean, affordable and sustainable electricity for all by 2030. As part of this goal, international financial flows to developing countries in support of clean energy reached US$17 billion in 2018. As a result, some areas have seen huge improvement. According to the Energy Progress Report, in Latin America and the Caribbean, and in Eastern and South-Eastern Asia, the advance of electrification has been enough to approach universal access. By 2019, in Western Asia and North Africa, and Central and South Asia, 94 and 95 per cent of the population respectively had access to electricity.

But these statistics only serve to emphasise just how bad the situation is in sub-Saharan Africa, where electricity systems are unlikely to go green this decade according to several analyses. As the report states: ‘While renewable energy has demonstrated remarkable resilience during the pandemic, the unfortunate fact is that gains in energy access throughout Africa are being reversed: the number of people lacking access to electricity is set to increase in 2020, making basic electricity services unaffordable for up to 30 million people who had previously enjoyed access.’

The small silver lining is that if the situation is dealt with properly, the region could build a renewable-energy system from the ground up, rather than having to undergo the costly and complex transitions underway in developed countries. In rural areas, small-scale or off-grid renewable systems (mostly solar) are expected to play an important role, as highlighted by a recent IRENA report on decarbonisation, in increasing access. In fact, solar panels are already used in many areas. In 2019, 105 million people had access to off-grid solar solutions, up from 85 million in 2016, and almost half lived in sub-Saharan Africa, with 17 million in Kenya and eight million in Ethiopia.

Rachel Kyte is currently serving as the 14th dean of the Fletcher School at Tufts University in the USA, but her CV is long. She was previously CEO of the UN-affiliated Sustainable Energy for All (SeforALL), as well as the World Bank Group vice president and special envoy for climate change, leading the run-up to the Paris Agreement. According to her, a focus on renewables is absolutely essential, both for wider efforts to tackle climate change, with some advocating a fossil fuel lockdown to drive a climate revolution, but also for the people of sub-Saharan Africa. ‘The fossil fuel industry has said it will just extend the centralised fossil-fuel power systems that we have today to reach these people,’ she says.

 

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It's CHEAP but not necessarily easy: Crosbie introduces PCs' Newfoundland electricity rate reduction strategy

Crosbie Hydro Energy Action Plan outlines rate mitigation for Muskrat Falls, leveraging Nalcor oil revenues, export sales, Holyrood savings, and potential Hydro-Quebec taxation to keep Newfoundland and Labrador electricity rates near 14.67 cents/kWh.

 

Key Points

PC plan to cap post-Muskrat rates by using Nalcor revenues, exports, and savings, with optional Accord funds.

✅ $575.4M yearly to hold rates near 14.67 cents/kWh

✅ Sources: Nalcor oil $231M, Holyrood $150M, rates/dividends $123.4M

✅ Options: export sales, restructuring, Atlantic Accord, HQ tax

 

Newfoundland and Labrador PC Leader Ches Crosbie says Muskrat Falls won't drive up electricity rates, a goal consistent with an agreement to shield ratepayers from cost overruns, if he's elected premier.

According to Crosbie, who presented the party's Crosbie Hydro Energy Action Plan — acronym CHEAP — at a press conference Monday, $575.4 million is needed per year in order to keep rates from ballooning past 14.67 cents per kilowatt hour.

Here's where he thinks the money could come from:

  • Hydro rates and dividends — $123.4 million
  • Export sales — $40.1 million
  • Nalcor restructuring — $30 million
  • Holyrood savings — $150  million
  • Nalcor oil revenue — $231 million

The oil money, Crosbie said, isn't going into government coffers but being invested into the offshore which, he said, is a good place for it.

"But the plan from the beginning around Muskrat Falls was that if there was need for it — for mitigation for rates — that those revenues and operating cash flows from Nalcor oil and gas would be available to be recycled into rate mitigation, as reflected in a recent financial update on the pandemic's impact. and that's what we're going to have to do," he said.

According to Crosbie, his numbers come from the preliminary stage of the Public Utilities Board process, even as rate mitigation talks have lacked public details.

This is a recent aerial view of the Muskrat Falls project in central Labrador. The project is more than 90 per cent complete, with first power forecast for late 2019, alongside Ottawa's $5.2B support for the project. (Nalcor)

"I'm telling you this is the best information available to anyone outside of government," he said. "We're working on what we can."

The PUB estimated Nalcor restructuring could save between $10 million and $15 million, according to Crosbie, but he figures there's "enough duplication and overpayment involved in the way things are now set up that we can find $30 million there."

Currently, provincial ratepayers pay about 12 cents per kilowatt hour as electricity users have started paying for Muskrat Falls costs.

Crosbie's $575.4-million figure would put rates at 14.67 cents per kilowatt-hour in 2021, where his plan pledges to keep them.

A recent Public Utilities Board Report says there's a potential $10 million to $15 million in savings from Nalcor, but Crosbie says he can find $30 million. (CBC)

"The promise is that Muskrat Falls, when it comes online — comes in service — will not increase your rates. Between now and when that happens there are rate increases already in the pipeline up to that level of [14.67 cents per kilowatt-hour] … so that is the baseline target rate at which rates will be kept.

"In other words, Muskrat will not drive up prices for electricity to consumers beyond that point."

In addition to those savings, Crosbie's plan outlined two further steps.

"We think it could be done out of the resources that I've just identified now, but if there's a problem with that, and as a temporary measure, we can use a modest amount of the Atlantic Accord review, fiscal review, revenues," he said.

 

Plan 'nothing new'

Premier Dwight Ball slammed the plan at the House of Assembly on Monday, saying it lacked insight.

"It was a copy and paste exercise," he told reporters. "There's nothing new in that plan. Not at all."

"We're not leaving any stone unturned of where the opportunity would be to actually generate revenue," he said.  "We are genuinely concerned about rate mitigation and we've got to get a plan in place."

 

Potential to tax Hydro-Québec

Crosbie also said there's potential to tax Hydro-Québec.

According to Crosbie, tax exemptions that expired in 2016 allow the province to tax exports from the Upper Churchill, which, he said, could result in "hundreds of millions or billions" in revenue.

"It's not my philosophy to immediately go and do that because that would generate litigation — who needs more of that? — but we do need to let Quebec know that we're very aware of that, and aware of that opportunity, and invite them to come talk about a whole host of issues," Crosbie said.

Crosbie said the tax would also have to be applied to domestic consumption.

"But so massive is the potential revenue from the Upper Churchill export that there would be ways to mitigate that and negate the effect of that on consumers in the province."

Crosbie said with the Atlantic Accord revenue, he could still present a balanced budget by 2022.

 

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TotalEnergies to Acquire German Renewables Developer VSB for US$1.65 Billion

TotalEnergies VSB Acquisition accelerates renewable energy growth, expanding wind and solar portfolios across Germany and Europe, advancing decarbonization, net-zero targets, and the energy transition through a US$1.65 billion strategic clean power investment.

 

Key Points

A US$1.65B deal: TotalEnergies acquires VSB to scale wind and solar in Europe and advance net-zero goals.

✅ US$1.65B purchase expands wind and solar pipeline

✅ Strengthens presence in Germany and wider Europe

✅ Advances net-zero, energy transition objectives

 

In a major move to expand its renewable energy portfolio, French energy giant TotalEnergies has announced its decision to acquire German renewable energy developer VSB for US$1.65 billion. This acquisition represents a significant step in TotalEnergies' strategy to accelerate its transition from fossil fuels to greener energy sources, aligning with the global push towards sustainability and carbon reduction, as reflected in Europe's green surge across key markets.

Strengthening TotalEnergies’ Renewable Energy Portfolio

TotalEnergies has long been one of the largest players in the global energy market, historically known for its oil and gas operations. However, in recent years, the company has made a concerted effort to diversify its portfolio and shift its focus toward renewable energy. The purchase of VSB, a leading developer of wind and solar energy projects, occurs amid rising European wind investment trends and is a clear reflection of TotalEnergies' commitment to this green energy transition.

VSB, based in Dresden, Germany, specializes in the development, construction, and operation of renewable energy projects, particularly wind and solar power. The company has a significant presence in Europe, with a growing portfolio of projects in countries like Germany, where clean energy accounts for 50% of electricity today, Poland, and the Czech Republic. The acquisition will allow TotalEnergies to bolster its renewable energy capacity, particularly in the wind and solar sectors, which are key components of its long-term sustainability goals.

By acquiring VSB, TotalEnergies is not only increasing its renewable energy output but also gaining access to a highly experienced team with a proven track record in energy project development. This move is expected to expedite TotalEnergies’ renewable energy ambitions, enabling the company to build on VSB’s strong market presence and established partnerships across Europe.

VSB’s Strategic Role in the Energy Transition

VSB’s expertise in the renewable energy sector makes it a valuable addition to TotalEnergies' green energy strategy. The company has been at the forefront of the energy transition in Europe, particularly in wind energy development, as offshore wind is set to become a $1 trillion business over the coming decades. Over the years, VSB has completed numerous large-scale wind projects, including both onshore and offshore installations.

The acquisition also positions TotalEnergies to better compete in the rapidly growing European renewable energy market, including the UK, where offshore wind is powering up alongside strong demand due to increased governmental focus on achieving net-zero emissions by 2050. Germany, in particular, has set ambitious renewable energy targets as part of its Energiewende initiative, which aims to reduce the country’s carbon emissions and increase the share of renewables in its energy mix. By acquiring VSB, TotalEnergies is not only enhancing its capabilities in Germany but also gaining a foothold in other European markets where VSB has operations.

With Europe increasingly shifting toward wind and solar power as part of its decarbonization efforts, including emerging solutions like offshore green hydrogen that complement wind buildouts, VSB’s track record of developing large-scale, sustainable energy projects provides TotalEnergies with a strong competitive edge. The acquisition will further TotalEnergies' position as a leader in the renewable energy space, especially in wind and solar power generation.

Financial and Market Implications

The US$1.65 billion deal marks TotalEnergies' largest renewable energy acquisition in recent years and underscores the growing importance of green energy investments within the company’s broader business strategy. TotalEnergies plans to use this acquisition to scale up its renewable energy assets and move closer to its target of achieving net-zero emissions by 2050. The deal also positions TotalEnergies to capitalize on the expected growth of renewable energy across Europe, particularly in countries with aggressive renewable energy targets and incentives.

The transaction is also expected to boost TotalEnergies’ presence in the global renewable energy market. As the world increasingly turns to wind, solar, and other sustainable energy sources, TotalEnergies is positioning itself to be a major player in the global energy transition. The acquisition of VSB complements TotalEnergies' previous investments in renewable energy and further aligns its portfolio with international sustainability trends.

From a financial standpoint, TotalEnergies’ purchase of VSB reflects the growing trend of large energy companies investing heavily in renewable energy. With wind and solar power becoming more economically competitive with fossil fuels, this investment is seen as a prudent long-term strategy, one that is likely to yield strong returns as demand for clean energy continues to rise.

Looking Ahead: TotalEnergies' Green Transition

TotalEnergies' acquisition of VSB is part of the company’s broader strategy to diversify its energy offerings and shift away from its traditional reliance on oil and gas. The company has already made significant strides in renewable energy, with investments in solar, wind, and battery storage projects across the globe, as developments like France's largest battery storage platform underline this momentum. The VSB acquisition will only accelerate these efforts, positioning TotalEnergies as one of the foremost leaders in the clean energy revolution.

By 2030, TotalEnergies plans to allocate more than 25% of its total capital expenditure to renewable energies and electricity. The company has already set ambitious goals to reduce its carbon footprint and shift its business model to align with the global drive toward sustainability. The integration of VSB into TotalEnergies’ portfolio signals a firm commitment to these goals, ensuring the company remains at the forefront of the energy transition.

In conclusion, TotalEnergies’ purchase of VSB for US$1.65 billion marks a significant milestone in the company’s renewable energy journey. By acquiring a company with deep expertise in wind and solar power development, TotalEnergies is taking decisive steps to strengthen its position in the renewable energy market and further its ambitions of achieving net-zero emissions by 2050. This acquisition will not only enhance the company’s growth prospects but also contribute to the ongoing global shift toward clean, sustainable energy sources.

 

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UK must start construction of large-scale storage or fail to meet net zero targets.

UK Hydrogen Storage Caverns enable long-duration, low-carbon electricity balancing, storing surplus wind and solar power as green hydrogen in salt formations to enhance grid reliability, energy security, and net zero resilience by 2035 and 2050.

 

Key Points

They are salt caverns storing green hydrogen to balance wind and solar, stabilizing a low-carbon UK grid.

✅ Stores surplus wind and solar as green hydrogen in salt caverns

✅ Enables long-duration, low-carbon grid balancing and security

✅ Complements wind and solar; reduces dependence on flexible CCS

 

The U.K. government must kick-start the construction of large-scale hydrogen storage facilities if it is to meet its pledge that all electricity will come from low-carbon electricity sources by 2035 and reach legally binding net zero targets by 2050, according to a report by the Royal Society.

The report, "Large-scale electricity storage," published Sep. 8, examines a wide variety of ways to store surplus wind and solar generated electricity—including green hydrogen, advanced compressed air energy storage (ACAES), ammonia, and heat—which will be needed when Great Britain's electricity generation is dominated by volatile wind and solar power.

It concludes that large scale electricity storage is essential to mitigate variations in wind and sunshine, particularly long-term variations in the wind, and to keep the nation's lights on. Storing most of the surplus as hydrogen, in salt caverns, would be the cheapest way of doing this.

The report, based on 37 years of weather data, finds that in 2050 up to 100 Terawatt-hours (TWh) of storage will be needed, which would have to be capable of meeting around a quarter of the U.K.'s current annual electricity demand. This would be equivalent to more than 5,000 Dinorwig pumped hydroelectric dams. Storage on this scale, which would require up to 90 clusters of 10 caverns, is not possible with batteries or pumped hydro.

Storage requirements on this scale are not currently foreseen by the government, and the U.K.'s energy transition faces supply delays. Work on constructing these caverns should begin immediately if the government is to have any chance of meeting its net zero targets, the report states.

Sir Chris Llewellyn Smith FRS, lead author of the report, said, "The need for long-term storage has been seriously underestimated. Demand for electricity is expected to double by 2050 with the electrification of heat, transport, and industrial processing, as well as increases in the use of air conditioning, economic growth, and changes in population.

"It will mainly be met by wind and solar generation. They are the cheapest forms of low-carbon electricity generation, but are volatile—wind varies on a decadal timescale, so will have to be complemented by large scale supply from energy storage or other sources."

The only other large-scale low-carbon sources are nuclear power, gas with carbon capture and storage (CCS), and bioenergy without or with CCS (BECCS). While nuclear and gas with CCS are expected to play a role, they are expensive, especially if operated flexibly.

Sir Peter Bruce, vice president of the Royal Society, said, "Ensuring our future electricity supply remains reliable and resilient will be crucial for our future prosperity and well-being. An electricity system with significant wind and solar generation is likely to offer the lowest cost electricity but it is essential to have large-scale energy stores that can be accessed quickly to ensure Great Britain's energy security and sovereignty."

Combining hydrogen with ACAES, or other forms of storage that are more efficient than hydrogen, could lower the average cost of electricity overall, and would lower the required level of wind power and solar supply.

There are currently three hydrogen storage caverns in the U.K., which have been in use since 1972, and the British Geological Survey has identified the geology for ample storage capacity in Cheshire, Wessex and East Yorkshire. Appropriate, novel business models and market structures will be needed to encourage construction of the large number of additional caverns that will be needed, the report says.

Sir Chris observes that, although nuclear, hydro and other sources are likely to play a role, Britain could in principle be powered solely by wind power and solar, supported by hydrogen, and some small-scale storage provided, for example, by batteries, that can respond rapidly and to stabilize the grid. While the cost of electricity would be higher than in the last decade, we anticipate it would be much lower than in 2022, he adds.

 

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Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies

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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Demise of nuclear plant plans ‘devastating’ to Welsh economy, MP claims

Wylfa Nuclear Project Cancellation reflects Hitachi's withdrawal, pulling £16bn from North Wales, risking jobs, reshaping UK nuclear power plans as renewables grow and Chinese involvement rises amid shifting energy market policies.

 

Key Points

An indefinite halt to Hitachi's Wylfa Newydd nuclear plant, removing about £16bn investment and jobs from North Wales.

✅ Hitachi withdraws funding amid changing energy market costs

✅ Puts 400 local roles and up to 10,000 construction jobs at risk

✅ UK shifts toward renewables as nuclear project support stalls

 

Chris Ruane said Japanese firm Hitachi’s announcement this morning about the Wylfa project would take £16 billion of investment out of the region.

He said it was the latest in a list of energy projects which had been scrapped as he responded to a statement from business secretary Greg Clark.

Mr Ruane, the Labour member for the Vale of Clywd, said: “In his statement he said the Government are relying now more on renewables, can I put the North Wales picture to him; 1,500 wind turbines were planned off the coast of North Wales. They were removed, those plans were cancelled by the private sector.

“The tidal lagoons for Wales were key to the development of the Welsh economy – the Government itself pulled the support for the Swansea Bay tidal lagoon. That had a knock-on effect for the huge lagoon planned off the coast of North Wales.

“And now today we hear of the cancellation of a £16 billion investment in the North Wales economy. This will devastate the North Wales economy. The people of North Wales need to know that the Prime Minister is batting for them and batting for the UK.”

Mr Clark blamed the changing landscape of the energy market for today’s announcement, and said Wales has been a “substantial and proud leader” in renewable energy during the UK’s green industrial revolution over recent years.

But another Labour MP from North Wales, Albert Owen, of Ynys Mon, said the Wylfa plant’s cancellation in his constituency is putting 400 jobs at risk, as well as the “potential of 8-10,000 construction jobs”, as well as hundreds of operational jobs and 33 apprenticeships.

He asked Mr Clark: “Can I say straightly can we work together to keep this project alive, to ensure that we create the momentum so it can be ready for a future developer or this developer with the right mechanism?”

The minister replied that he and his officials would “work together in a completely open-book way on the options” to try and salvage the project.

But in the Lords, Labour former security minister Lord West of Spithead said the UK’s nuclear industry was in crisis, noting that Europe is losing nuclear power as well.

“In the 1950s our nation led the world in nuclear power generation and decisions by successive governments, of all hues, have got us in the position today where we cannot even construct a large civil nuclear reaction,” he told peers at question time.

Lord West asked: “Are we content that now the only player seems to be Chinese and that by 2035… we are happy for the Chinese to control one third of the energy supply of our nation?”

Business, Energy and Industrial Strategy minister Lord Henley said the Government had hoped for a better announcement from Hitachi but that was not the case.

He said costs in the nuclear sector were rising, amid setbacks at Hinkley Point C, while costs for many renewables were coming down and this was one of the reasons for the problem.

Tory former energy secretary Lord Howell of Guildford said the Chinese were in “pole position” for the rebuilding and replacement “of our nuclear fleet” and this would have a major impact on UK energy policy and plans to meet net zero targets in the 2030s.

Plaid Cymru’s Lord Wigley warned that putting the Wylfa Newydd on indefinite hold would cause economic planning blight in north-west Wales and urged the Government to raise the level of support allocated to the region.

Lord Henley acknowledged the announcement was not welcome but added: “We remain committed to nuclear power. We will look to see what we can do. We still have a great deal of expertise in this country and we can work on that.”

 

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