Senate, House panels approve net metering bills

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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SaskPower Summer Power Demand Record hits 3,520 MW as heat waves drive electricity consumption; grid capacity, renewables expansion, and energy efficiency tips highlight efforts to curb greenhouse gas emissions while meeting Saskatchewan's growing load.

Key Points

The latest summer peak load in Saskatchewan: 3,520 MW, driven by heat, with plans to expand capacity and lower emissions.

✅ New peak surpasses last August by 50 MW to 3,520 MW.

✅ Capacity target: 7,000 MW by 2030 with more renewables.

✅ Tips: AC settings, close blinds, delay heat-producing chores.

As the mercury continues to climb in Saskatchewan, where Alberta's summer electricity record offers a regional comparison, SaskPower says the province has set a new summer power demand record.

The Crown says the new record is 3,520 megawatts. It’s an increase of 50 megawatts over the previous record, or enough electricity for 50,000 homes.

“We’ve seen both summer and winter records set every year for a good while now. And if last summer is any indication, we could very well see another record before temperatures cool off heading into the fall,” said SaskPower Vice President of Transmission and Industrial Services Kory Hayko in a written release. “It’s not impossible we’ll break this record again in the coming days. It’s SaskPower’s responsibility to ensure that Saskatchewan people and businesses have the power they need to thrive. That’s what drives our investment of $1 billion every year, as outlined in our annual report, to modernize and grow the province’s electrical system.”

The previous summer consumption record of 3,740 megawatts was set last August, and similar extremes in the Yukon electricity demand highlight broader demand pressures this year. The winter demand record remains higher at 3,792 megawatts, set on Dec. 29, 2017.

SaskPower says it plans to expand its generation capacity from 4,500 megawatts now to 7,000 megawatts in 2030, with a focus on decreasing greenhouse gas emissions and doubling renewable electricity by 2030 as part of its strategy.

To reduce power bills, the Crown suggests turning down or programming air conditioning when residents aren’t home, inspecting the air conditioner to make sure it is operating efficiently, keeping blinds closed to keep out direct sunlight, delaying chores that produce heat and making sure electronics are turned off when people leave the room.

The new record beats the previous summer peak of 3,470 MW, set last August after also being broken twice in July. The winter demand record is still higher at 3,792 MW, which was set on December 29, 2017. To meet growing power demand, and amid projections that Manitoba's electrical demand could double in the next 20 years, SaskPower is expanding its generation capacity from approximately 4,500 MW now to 7,000 MW by 2030 while also reducing greenhouse gas emissions by 40 per cent from 2005 levels. To accomplish this, we will be significantly increasing the amount of renewables on our system.

Cooling and heating represents approximately a quarter of residential power bills. To reduce consumption and power bills during heat waves, SaskPower’s customers can:

Turn down or program the air conditioning when no one is home (for every degree that air conditioning is lowered for an eight-hour period, customers can save up to two per cent on their power costs);

Consider having their air conditioning unit inspected to make sure it is operating efficiently;

Keep the heat out by closing blinds and drapes, especially those with direct sunlight;

Delay chores that produce heat and moisture, like dishwashing and laundering, until the cooler parts of the day or evening; and

As with any time of the year, make sure lights, televisions and other electronics are turned off when no one's in the room. For example, a modern gaming console can use as much power as a refrigerator.

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TransLink Electric Bus Pilot launches zero-emission service in Metro Vancouver, cutting greenhouse gas emissions with fast-charging stations on Route 100, supporting renewable energy goals alongside trolley buses, CNG, and hybrid fleets.

Key Points

TransLink's Metro Vancouver program deploying charging, zero-emission buses on Route 100 to cut emissions and fuel costs.

✅ Cuts ~100 tonnes GHG and saves $40k per bus annually

✅ Five-minute on-route charging at terminals on Route 100

✅ Pilot data to guide zero-emission fleet transition by 2050

TransLink's first battery-electric buses are taking to the roads in Metro Vancouver as part of a pilot project to reduce emissions, joining other initiatives like electric school buses in B.C. that aim to cut pollution in transportation.

The first four zero-emission buses picked up commuters in Vancouver, Burnaby and  New Westminster on Wednesday. Six more are expected to be brought in, and similar launches like Edmonton's first electric bus are underway across Canada.

"With so many people taking transit in Vancouver today, electric buses will make a real difference," said Merran Smith, executive director of Clean Energy Canada, a think tank at Simon Fraser University, in a release.

According to TransLink, each bus is expected to reduce 100 tonnes of greenhouse gas emissions and save $40,000 in fuel costs per year compared to a conventional diesel bus.

"Buses already help tackle climate change by getting people out of cars, and Vancouver is ahead of the game with its electric trolleys," Smith said.

She added there is still more work to be done to get every bus off diesel, as seen with the TTC's battery-electric buses rollout in Toronto.

The buses will run along the No. 100 route connecting Vancouver and New Westminster. They recharge — it takes about five minutes — at new charging stations installed at both ends of the route while passengers load and unload or while the driver has a short break. 

Right now, more than half of TransLink's fleet currently operates with clean technology, offering insights alongside Toronto's large battery-electric fleet for other cities. 

In addition to the four new battery-electric buses, the fleet also includes hundreds of zero-emission electric trolley buses, compressed natural gas buses and hybrid diesel-electric buses, while cities like Montreal's first STM electric buses continue to expand adoption.

"Our iconic trolley buses have been running on electricity since 1948 and we're proud to integrate the first battery-electric buses to our fleet," said TransLink CEO Kevin Desmond in a press release.

TransLink has made it a goal to operate its fleet with 100 per cent renewable energy in all operations by 2050. Desmond says, the new buses are one step closer to meeting that goal.

The new battery-electric buses are part of a two-and-a-half year pilot project that looks at the performance, maintenance, and customer experience of making the switch to electric, complementing BC Hydro's vehicle-to-grid pilot initiative underway in the province.

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Asia Electricity Consumption 2025 highlights an IEA forecast of surging global power demand led by China, lagging access in Africa, rising renewables and nuclear output, stable emissions, and weather-dependent grids needing flexibility and electrification.

Key Points

An IEA forecast that Asia will use half of global power by 2025, led by China, as renewables and nuclear drive supply.

✅ Asia to use half of global electricity; China leads growth

✅ Africa just 3% consumption despite rapid population growth

✅ Renewables, nuclear expand; grids must boost flexibility

Asia will for the first time use half of the world’s electricity by 2025, even as global power demand keeps rising and Africa continues to consume far less than its share of the global population, according to a new forecast released Wednesday by the International Energy Agency.

Much of Asia’s electricity use will be in China, a nation of 1.4 billion people whose China's electricity sector is seeing shifts as its share of global consumption will rise from a quarter in 2015 to a third by the middle of this decade, the Paris-based body said.

“China will be consuming more electricity than the European Union, United States and India combined,” said Keisuke Sadamori, the IEA’s director of energy markets and security.

By contrast, Africa — home to almost a fifth of world’s nearly 8 billion inhabitants — will account for just 3% of global electricity consumption in 2025.

“This and the rapidly growing population mean there is still a massive need for increased electrification in Africa,” said Sadamori.

The IEA’s annual report predicts that low-emissions sources will account for much of the growth in global electricity supply over the coming three years, including nuclear power and renewables such as wind and solar. This will prevent a significant rise in greenhouse gas emissions from the power sector, it said.

Scientists say sharp cuts in all sources of emissions are needed as soon as possible to keep average global temperatures from rising 1.5 degrees Celsius (2.7 Fahrenheit) above pre-industrial levels. That target, laid down in the 2015 Paris climate accord, appears increasingly doubtful as temperatures have already increased by more than 1.1 C since the reference period.

One hope for meeting the goal is a wholesale shift away from fossil fuels such as coal, gas and oil toward low-carbon sources of energy. But while some regions are reducing their use of coal and gas for electricity production, in others, soaring electricity and coal use are increasing, the IEA said.

The 134-page also report warned that surging electricity demand and supply are becoming increasingly weather dependent, a problem it urged policymakers to address.

“In addition to drought in Europe, there were heat waves in India (last year),” said Sadamori. “Similarly, central and eastern China were hit by heatwaves and drought. The United States, where electricity sales projections continue to fall, also saw severe winter storms in December, and all those events put massive strain on the power systems of these regions.”

“As the clean energy transition gathers pace, the impact of weather events on electricity demand will intensify due to the increased electrification of heating, while the share of weather-dependent renewables poised to eclipse coal will continue to grow in the generation mix,” the IEA said. “In such a world, increasing the flexibility of power systems while ensuring security of supply and resilience of networks will be crucial.”

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Germany Coal Phase-Out 2038 advances the energy transition, curbing lignite emissions while scaling renewable energy, carbon pricing, and hydrogen storage amid a nuclear phase-out and regional just-transition funding for miners and communities.

Key Points

Germany's plan to end coal by 2038, fund regional transition, and scale renewable energy while exiting nuclear.

✅ Closes last coal plant by 2038; reviews may accelerate.

✅ 40b euros aid for lignite regions and workforce.

✅ Emphasizes renewables, hydrogen, carbon pricing reforms.

German lawmakers have finalized the country's long-awaited phase-out of coal as an energy source, backing a plan that environmental groups say isn't ambitious enough and free marketeers criticize as a waste of taxpayers' money.

Bills approved by both houses of parliament Friday envision shutting down the last coal-fired power plant by 2038 and spending some 40 billion euros ($45 billion) to help affected regions cope with the transition, which has been complicated by grid expansion woes in recent years.

The plan is part of Germany's `energy transition' - an effort to wean Europe's biggest economy off planet-warming fossil fuels and generate all of the country's considerable energy needs from renewable sources. Achieving that goal is made harder than in comparable countries such as France and Britain because of Germany's existing commitment to also phase out nuclear power entirely by the end of 2022.

"The days of coal are numbered in Germany," Environment Minister Svenja Schulze said. "Germany is the first industrialized country that leaves behind both nuclear energy and coal."

Greenpeace and other environmental groups have staged vocal protests against the plan, including by dropping a banner down the front of the Reichstag building Friday. They argue that the government's road map won't reduce Germany's greenhouse gas emissions fast enough to meet the targets set out in the Paris climate accord.

"Germany, the country that burns the greatest amount of lignite coal worldwide, will burden the next generation with 18 more years of carbon dioxide," Greenpeace Germany's executive director Martin Kaiser told The Associated Press.

Kaiser, who was part of a government-appointed expert commission, accused Chancellor Angela Merkel of making a "historic mistake," saying an end date for coal of 2030 would have sent a strong signal for European and global climate policy. Merkel has said she wants Europe to be the first continent to end its greenhouse gas emissions, by 2050, even as some in Berlin debate a possible nuclear U-turn to reach that goal faster.

Germany closed its last black coal mine in 2018, but it continues to import the fuel and extract its own reserves of lignite, a brownish coal that is abundant in the west and east of the country, and generates about a third of its electricity from coal in recent years. Officials warn that the loss of mining jobs could hurt those economically fragile regions, though efforts are already under way to turn the vast lignite mines into nature reserves and lakeside resorts.

Schulze, the environment minister, said there would be regular government reviews to examine whether the end date for coal can be brought forward, even as Berlin temporarily extended nuclear operations during the energy crisis. She noted that by the end of 2022, eight of the country's most polluting coal-fired plants will have already been closed.

Environmentalists have also criticized the large sums being offered to coal companies to shut down their plants, a complaint shared by libertarians such as Germany's opposition Free Democratic Party.

Katja Suding, a leading FDP lawmaker, said the government should have opted to expand existing emissions trading systems that put a price on carbon, thereby encouraging operators to shut down unprofitable coal plants.

Katja Suding, a leading FDP lawmaker, said the government should have opted to expand existing emissions trading systems, rather than banking on a nuclear option, that put a price on carbon, thereby encouraging operators to shut down unprofitable coal plants.

"You just have to make it so expensive that it's not profitable anymore to turn coal into electricity," she said.

This week, utility companies in Spain shut down seven of the country's 15 coal-fired power plants, saying they couldn't be operated at profit without government subsidies.

But the head of Germany's main miners' union, Michael Vassiliadis, welcomed the decision, calling it a "historic milestone." He urged the government to focus next on an expansion of renewable energy generation and the use of hydrogen as a clean alternative for storing and transporting energy in the future, amid arguments that nuclear won't fix the gas crunch in the near term.

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COVID-19 Impact on U.S. Electricity Consumption shows commercial and industrial demand dropped as residential use rose, with flattened peak loads, weekday-weekend convergence, Texas hourly data, and energy demand as a real-time economic indicator.

Key Points

It reduced commercial and industrial demand while raising residential use, shifting peaks and weekday patterns.

✅ Commercial electricity down 12%; industrial down 14% in Q2 2020

✅ Residential use up 10% amid work-from-home and lockdowns

✅ Peaks flattened; weekday-weekend loads converged in Texas

This is an important turning point for the United States. We have a long road ahead. But one of the reasons I’m optimistic about Biden-Harris is that we will once again have an administration that believes in science.

To embrace this return to science, I want to write today about a fascinating new working paper by Tufts economist Steve Cicala.

Professor Cicala has been studying the effect of Covid on electricity consumption since back in March, when the Wall Street Journal picked up his work documenting an 18% decrease in electricity consumption in Italy.

The new work, focused on the United States, is particularly compelling because it uses data that allows him to distinguish between residential, commercial, and industrial sectors, against a backdrop of declining U.S. electricity sales over recent years.

Without further ado, here are four facts he uncovers about Covid and U.S. electricity demand during COVID-19 and consumption.

Fact #1: Firms Are Using Less
U.S. commercial electricity consumption fell 12% during the second quarter of 2020. U.S. industrial electricity consumption fell 14% over the same period.

This makes sense. The second quarter was by some measures, the worst quarter for the U.S. economy in over 145 years!

Economic activity shrank. Schools closed. Offices closed. Factories closed. Restaurants closed. Malls closed. Even health care offices closed as patients delayed going to the dentist and other routine care. All this means less heating and cooling, less lighting, less refrigeration, less power for computers and other office equipment, less everything.

The decrease in the industrial sector is a little more surprising. My impression had been that the industrial sector had not fallen as far as commercial, but amid broader disruptions in coal and nuclear power that strained parts of the energy economy, the patterns for both sectors are quite similar with the decline peaking in May and then partially rebounding by July. The paper also shows that areas with higher unemployment rates experienced larger declines in both sectors.

Fact #2: Households Are Using More
While firms are using less, households are using more. U.S. residential electricity consumption increased 10% during the second quarter of 2020. Consumption surged during March, April, and May, a reflection of the lockdown lifestyle many adopted, and then leveled off in June and July – with much less of the rebound observed on the commercial/industrial side.

This pattern makes sense, too. In Professor Cicala’s words, “people are spending an inordinate amount of time at home”. Many of us switched over to working from home almost immediately, and haven’t looked back. This means more air conditioning, more running the dishwasher, more CNN (especially last week), more Zoom, and so on.

The paper also examines the correlates of the decline. Areas in the U.S. where more people can work from home experienced larger increases. Unemployment rates, however, are almost completely uncorrelated with the increase.

Fact #3: Firms are Less Peaky
The paper next turns to a novel dataset from Texas, where Texas grid reliability is under active discussion, that makes it possible to measure hourly electricity consumption by sector.

As the figure above illustrates, the biggest declines in commercial/industrial electricity consumption have occurred Monday through Friday between 9AM and 5PM.

The dashed line shows the pattern during 2019. Notice the large spikes in electricity consumption during business hours. The solid line shows the pattern during 2020. Much smaller spikes during business hours.

Fact #4: Everyday is Like Sunday
Finally, we have what I would like to nominate as the “Energy Figure of the Year”.

Again, start with the pattern for 2019, reflected by the dashed line. Prior to Covid, Texas households used a lot more electricity on Saturdays and Sundays.

Then along comes Covid, and turned every day into the weekend. Residential electricity consumption in Texas during business hours Monday-Friday is up 16%(!).

In the pattern for 2020, it isn’t easy to distinguish weekends from weekdays. If you feel like weekdays and weekends are becoming a big blur – you are not alone.

Conclusion
Researchers are increasingly thinking about electricity consumption as a real-time indicator of economic activity, even as flat electricity demand complicates utility planning and investment. This is an intriguing idea, but Professor Cicala’s new paper shows that it is important to look sector-by-sector.

While commercial and industrial consumption indeed seem to measure the strength of an economy, residential consumption has been sharply countercylical – increasing exactly when people are not at work and not at school.

These large changes in behavior are specific to the pandemic. Still, with the increased blurring of home and non-home activities we may look back on 2020 as a key turning point in how we think about these three sectors of the economy.

More broadly, Professor Cicala’s paper highlights the value of social science research. We need facts, data, and yes, science, if we are to understand the economy and craft effective policies on energy insecurity and shut-offs as well.

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