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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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Alberta Electricity Market Overhaul will add renewables like wind and solar, curb price volatility tied to natural gas, boost competition, and reward energy efficiency, while safeguarding grid reliability and investor confidence through a transition roadmap.

Key Points

Alberta's 2027 market redesign adds renewables, boosts competition, and cuts volatility to protect reliability.

✅ Integrates wind and solar to meet climate and affordability goals.

✅ Increases competition and efficiency; reduces price volatility.

✅ Plans transition measures to maintain reliability and investment.

Alberta's electricity market is on the precipice of a significant transformation. The province, long reliant on fossil fuels for power generation, has committed to a market overhaul by 2027. This ambitious plan promises to shake up the current system, but industry players are wary of a lengthy period of uncertainty that could stifle much-needed investment in the sector.

The impetus for change stems from a confluence of factors. Soaring energy bills for consumers, reflecting rising electricity prices across the province, coupled with concerns about Alberta's environmental footprint, have pressured the government to seek a more sustainable and cost-effective electricity system. The current market, heavily influenced by natural gas prices, has been criticized for volatility and a lack of incentive for renewable energy development.

The details of the new electricity market design are still being formulated. However, the government has outlined some key objectives. One priority is to incorporate more renewable energy sources like wind and solar power into the grid. This aligns with Alberta's climate change goals and could lead to cleaner electricity generation, supporting the province's path to clean electricity in the coming years.

Another objective is to introduce more competition within the market. The current system is dominated by a few large players, and the government hopes increased competition will drive down prices for consumers, as the market needs more competition to function efficiently.

While the potential benefits of the overhaul are undeniable, industry leaders are apprehensive about the transition period, with a Calgary retailer urging the government to scrap the overhaul amid uncertainty. The lack of clarity surrounding the new market design creates uncertainty for power companies. This could discourage investment in new generation facilities, both renewable and traditional, potentially leading to supply shortages in the future.

John Kousinioris, CEO of TransAlta, a major Alberta power generator, expressed these concerns. "We need a clear roadmap for the future," he stated. "Uncertainty makes it difficult to justify significant investments in new power plants, which are essential to ensure a reliable electricity supply for Albertans."

The government acknowledges the need to minimize disruption during the transition. They have promised to engage in consultations with industry stakeholders throughout the redesign process, as the province changes how it produces and pays for electricity to support long-term stability. Additionally, measures may be implemented to ensure a smooth transition and provide some level of certainty for investors.

The success of Alberta's electricity market overhaul will depend on several factors. Striking a balance between environmental sustainability, affordability, and energy security will be crucial. The government must design a system that incentivizes investment in new, cleaner power generation while maintaining reliable electricity supply at a reasonable cost for consumers.

The role of natural gas, a dominant player in Alberta's current electricity mix, is another point of contention. While the government aims to incorporate more renewables, natural gas is likely to remain a part of the equation for some time. Determining the appropriate role for natural gas in the future market will be a critical decision.

The upcoming years will be a period of significant change for Alberta's electricity market. The province's commitment to a cleaner and more competitive system holds promise, but navigating the transition effectively will be a complex challenge. Open communication, collaboration between stakeholders, and a well-defined roadmap for the future will be essential for ensuring a successful electricity market overhaul and a brighter energy future for Alberta.

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British Columbia Green Grid Constraints underscore BC Hydro's rising imports, peak demand, electrification, hydroelectric variability, and transmission bottlenecks, challenging renewable energy expansion, energy security, and CleanBC targets across industry and zero-emission transportation.

Key Points

They are capacity and supply limits straining B.C.'s clean electrification, driving imports and risking reliability.

✅ Record 25% imports in FY2024 raise emissions and costs

✅ Peak demand and transmission limits delay new connections

✅ Drought reduces hydro output; diversified generation needed

British Columbia's ambitious green energy initiatives are encountering significant hurdles due to a strained electrical grid and increasing demand, with a EV demand bottleneck adding pressure. The province's commitment to reducing carbon emissions and transitioning to renewable energy sources is being tested by the limitations of its current power infrastructure.

Rising Demand and Dwindling Supply

In recent years, B.C. has experienced a surge in electricity demand, driven by factors such as population growth, increased use of electric vehicles, and the electrification of industrial processes. However, the province's power supply has struggled to keep pace, and one study projects B.C. would need to at least double its power output to electrify all road vehicles. In fiscal year 2024, BC Hydro imported a record 13,600 gigawatt hours of electricity, accounting for 25% of the province's total consumption. This reliance on external sources, particularly from fossil-fuel-generated power in the U.S. and Alberta, raises concerns about energy security and sustainability.

Infrastructure Limitations

The current electrical grid is facing capacity constraints, especially during peak demand periods, and regional interties such as a proposed Yukon connection are being discussed to improve reliability. A report from the North American Electric Reliability Corporation highlighted that B.C. could be classified as an "at-risk" area for power generation as early as 2026. This assessment underscores the urgency of addressing infrastructure deficiencies to ensure a reliable and resilient energy supply.

Government Initiatives and Investments

In response to these challenges, the provincial government has outlined plans to expand the electrical system. Premier David Eby announced a 10-year, $36-billion investment to enhance the grid's capacity, including grid development and job creation measures to support local economies. The initiative focuses on increasing electrification, upgrading high-voltage transmission lines, refurbishing existing generating facilities, and expanding substations. These efforts aim to meet the growing demand and support the transition to clean energy sources.

The Role of Renewable Energy

Renewable energy sources, particularly hydroelectric power, play a central role in B.C.'s energy strategy. However, the province's reliance on hydroelectricity has its challenges. Drought conditions in recent years have led to reduced water levels in reservoirs, impacting the generation capacity of hydroelectric plants. This variability underscores the need for a diversified energy mix, with options like a hydrogen project complementing hydro, to ensure a stable and reliable power supply.

Balancing Environmental Goals and Energy Needs

B.C.'s commitment to environmental sustainability is evident in its policies, such as the CleanBC initiative, which aims to phase out natural gas heating in new homes by 2030 and achieve 100% zero-emission vehicle sales by 2035, supported by networks like B.C.'s Electric Highway that expand charging access. While these goals are commendable, they place additional pressure on the electrical grid. The increased demand from electric vehicles and electrified heating systems necessitates a corresponding expansion in power generation and distribution infrastructure.

British Columbia's green energy ambitions are commendable and align with global efforts to combat climate change. However, achieving these goals requires a robust and resilient electrical grid capable of meeting the increasing demand for power. The province's reliance on external power sources and the challenges posed by climate variability highlight the need for strategic investments in infrastructure and a diversified energy portfolio, guided by BC Hydro review recommendations to keep electricity affordable. By addressing these challenges proactively, B.C. can pave the way for a sustainable and secure energy future.

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Duke Energy Carolinas Solar RFP draws 3.9 GW of utility-scale bids, oversubscribed in DEP and DEC, below avoided cost rates, minimal battery storage, strict PPA terms, and interconnection challenges across North and South Carolina.

Key Points

Utility-scale solar procurement in DEC and DEP, evaluated against avoided cost, with few storage bids and PPA terms.

✅ 3.9 GW bids for 680 MW; DEP most oversubscribed

✅ Most projects 7-80 MWac; few include battery storage

✅ Bids must price below 20-year avoided cost estimate

Last week the independent administrator for Duke’s 680 MW solar solicitation revealed data about the projects which have bid in response to the offer, showing a massive amount of interest in the opportunity.

Overall, 18 individuals submitted bids for projects in Duke Energy Carolinas (DEC) territory and 10 in Duke Energy Progress (DEP), with a total of more than 3.9 GW of proposals – more nearly 6x the available volume. DEP was relatively more over-subscribed, with 1.2 GWac of projects vying for only 80 MW of available capacity.

This is despite a requirement that such projects come in below the estimate of Duke’s avoided cost for the next 20 years, and amid changes in solar compensation that could affect project economics. Individual projects varied in capacity from 7-80 MWac, with most coming within the upper portion of that range.

These bids will be evaluated in the spring of 2019, and as Duke Energy Renewables continues to expand its portfolio, Duke Energy Communications Manager Randy Wheeless says he expects the plants to come online in a year or two.

Lack of storage

Despite recent trends in affordable batteries, of the 78 bids that came in only four included integrated battery storage. Tyler Norris, Cypress Creek Renewables’ market lead for North Carolina, says that this reflects that the methodology used is not properly valuing storage.

“The lack of storage in these bids is a missed opportunity for the state, and it reflects a poorly designed avoided cost rate structure that improperly values storage resources, commercially unreasonable PPA provisions, and unfavorable interconnection treatment toward independent storage,” Norris told pv magazine.

“We’re hopeful that these issues will be addressed in the second RFP tranche and in the current regulatory proceedings on avoided cost and state interconnection standards and grid upgrades across the region.”

Limited volume for North Carolina?

Another curious feature of the bids is that nearly the same volume of solar has been proposed for South Carolina as North Carolina – despite this solicitation being in response to a North Carolina law and ongoing legal disputes such as a church solar case that challenged the state’s monopoly model.

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Duke Energy Florida battery storage will add 22 MW across Trenton, Cape San Blas and Jennings, improving grid reliability, outage resilience, enabling peak shaving and deferring distribution upgrades to increase efficiency and customer value.

Key Points

Three lithium battery projects totaling 22 MW to improve Florida grid reliability, outage resilience and efficiency.

✅ 22 MW across Trenton, Cape San Blas and Jennings sites

✅ Enhances outage resilience and grid reliability

✅ Defers costly distribution upgrades and improves efficiency

Duke Energy Florida (DEF) has announced three battery energy storage projects, totaling 22 megawatts, that will improve overall reliability and support critical services during power outages.

Duke Energy, the nation's largest electric utility, unveils its new logo. (PRNewsFoto/Duke Energy) (PRNewsfoto/Duke Energy)

Collectively, the storage facilities will enhance grid operations, increase efficiencies and improve overall reliability for surrounding communities, with virtual power plant programs offering a model for coordinating distributed resources.

They will also provide important backup generation during power outages, a service that is becoming increasingly important with the number and intensity of storms that have recently impacted the state.

As the grid manager and operator, DEF can maximize the versatility of battery energy storage systems (BESS) to include multiple customer and electric system benefits such as balancing energy demand, managing intermittent resources, increasing energy security and deferring traditional power grid upgrades.

These benefits help reduce costs for customers and increase operational efficiencies.

The 11-megawatt (MW) Trenton lithium-based battery facility will be located 30 miles west of Gainesville in Gilchrist County. The energy storage project will continue to improve power reliability using newer technologies.

The 5.5-MW Cape San Blas lithium-based battery facility will be located approximately 40 miles southeast of Panama City in Gulf County. The project will provide additional power capacity to meet our customers' rising energy demand in the area. This project is an economical alternative to replacing distribution equipment necessary to accommodate local load growth.

The 5.5-MW Jennings lithium-based battery facility will be located 1.5 miles south of the Florida-Georgia border in Hamilton County. The project will continue to improve power reliability through energy storage as an alternative solution to installing new and more costly distribution equipment.

Currently the company plans to complete all three projects by the end of 2020.

"These battery projects provide electric system benefits that will help improve local reliability for our customers and provide significant energy services to the power grid," said Catherine Stempien, Duke Energy Florida state president. "Duke Energy Florida will continue to identify opportunities in battery storage technology which will deliver efficiency improvements to our customers."

Additional renewables projects

As part of DEF's commitment to renewables, the company is investing an estimated $1 billion to construct or acquire a total of 700 MW of cost-effective solar power facilities and 50 MW of battery storage through 2022.

Duke Energy is leading the industry deployment of battery technology, with SDG&E's Emerald Storage project underscoring broader adoption across the sector today. Last fall, the company and University of South Florida St. Petersburg unveiled a Tesla battery storage system that is connected to a 100-kilowatt (kW) solar array – the first of its kind in Florida.

This solar-battery microgrid system manages the energy captured by the solar array, situated on top of the university's parking garage, and similar low-income housing microgrid financing efforts are expanding access. The solar array was constructed three years ago through a $1 million grant from Duke Energy. The microgrid provides a backup power source during a power outage for the parking garage elevator, lights and electric vehicle charging stations. Click here to learn more.

In addition to expanding its battery storage technology and solar investments, DEF is investing in transportation electrification to support the growing U.S. adoption of electric vehicles (EV), including EV charging infrastructure, 530 EV charging stations and a modernized power grid to deliver the diverse and reliable energy solutions customers want and need.

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Iran-Iraq Power Grid Deals reinforce electricity and natural gas ties, upgrading transmission in Karbala and Najaf, repairing transformers, easing sanctions bottlenecks, and weighing GCC interconnection to diversify supply and reduce distribution losses across Iraq.

Key Points

Agreements to rehabilitate Iraq's grid, cut losses, and secure power via Iranian gas, electricity, and upgrades.

✅ Reduce distribution losses in Karbala and Najaf

✅ Repair and replace damaged distribution transformers

✅ Coordinate payments to TAVANIR amid US sanctions

Iran and Iraq have finalized two deals to rehabilitate and develop the power grid of Iraq, while Iran is upgrading thermal plants to combined cycle at home to save energy, IRNA cited the Iranian Energy Minister Reza Ardakanian.

Ardakanian met his Iraqi counterpart Majid Mahdi Hantoush in Tehran on Tuesday evening for talks on further energy cooperation on the sidelines of Prime Minister Mustafa al-Kadhimi’s trip to the Islamic Republic on his first foreign visit.

“It was decided that the contracts related to reducing losses on the electricity distribution network in the provinces of Karbala and Najaf, as well as the contract for repairing Iraq’s distribution transformers would be finalized and signed,” the Iranian minister said.

Iraq relies on Iran for natural gas that generates as much as 45 percent of its electricity, with Iran supplying 40% of Iraq’s power according to sector reports. Iran transmits another 1,200 MW directly, and has regional power hub plans as well, making itself an indispensable energy source for its Arab neighbor, but the United States is trying to pry Baghdad away from Tehran’s orbit.

The US has been enlisting its companies and allies such as Saudi Arabia to replace Iran as Iraq’s source of energy.

Iran’s money from exports of gas and electricity has accumulated in bank accounts in Iraq, because US sanctions are preventing Tehran from repatriating it.

In January, an official said the sanctions were giving Iran a run for five billion dollars, “sedimenting” at the Central Bank of Iraq, because Tehran could not access it.

Ardakanian said the issue was brought up in the discussions on Tuesday and it was agreed that “the payment of part of TAVANIR (Iran Power Generation and Transmission Company)’s claims will start from the end of July”.

The US administration is pushing for a deal between Washington, Baghdad and six Persian Gulf states to connect Iraq’s nationwide power grid to that of the Persian Gulf Cooperation Council, while Uzbekistan looks to export power to Afghanistan as regional linkages expand.

The US State Department said in a statement last Thursday that the six countries that make up the (Persian) Gulf Cooperation Council Interconnection Authority (GCCIA) — Saudi Arabia, Kuwait, Bahrain, Qatar, Oman and the UAE — had affirmed their shared support for the project to supply electricity to Iraq.

Iraq needs more than 23,000 MW of electricity to meet its domestic demand, and is exploring nuclear power plans to tackle shortages, but years of war following the 2003 US invasion have left its power infrastructure in tatters and a deficit of some 7,000 MW.

In the past, officials in Baghdad have said there is no easy substitute to imports from Iran because it will take years to adequately build up Iraq’s energy infrastructure, and meeting summer electricity needs remains a persistent challenge.

They have said American demand acknowledges neither Iraq’s energy needs nor the complex relations between Baghdad and Tehran.

In addition to natural gas and electricity, Iraq imports a wide range of goods from Iran including food, agricultural products, home appliances, and air conditioners.

On Tuesday, the Iraqi prime minister said during a joint news conference with Iranian President Hassan Rouhani that the purpose of his trip to Tehran was to strengthen historical ties between the two countries, especially in light of the challenges they faced as a result of the coronavirus outbreak and the fall of oil prices.

“In the face of such challenges, we need coordination between the two countries in a way that serves the interests of Iran and Iraq.”

Both Iran and Iraq, Kadhimi said, suffer from economic problems, adding the two countries need comprehensive and inclusive cooperation to overcome them.

Kadhimi said Iran-Iraq relations are not merely due to the geographical location of the two countries and their 1,450-km border, adding the ties are based on religion and culture and rooted in history.

“I am reiterating to my brothers in the Islamic Republic of Iran that the Iraqi nation is eager to have excellent relations with the Islamic Republic of Iran based on the principle of non-interference in the internal affairs of the two countries.”

Kadhimi said Iran and Iraq fought against terrorism and Takfiri groups together, and the Islamic Republic of Iran was one of the first countries to stand by Iraq.

“We will not forget this. That is why Iraq has stood with Iran to help it overcome economic challenges and turned to a big market for trade with Iran,” he said.

“We seek stability in Iraq and our philosophy and view of Iran is that we consider Iran a stable, strong, prosperous and progressive country, and this fact is in the interest of Iraq and the territorial integrity of the region,” he added.

According to Kadhimi, the two sides discussed implementing agreements between them, including connecting their railway through Khorramshahr in Iran and Basra in Iraq, adding he was very confident the agreements would be implemented soon.

Iraq’s delegation included the ministers of foreign affairs, finance, health, and planning, as well as Kadhimi’s national security adviser, some of whom also met their Iranian counterparts.

Last year, Iran’s exports to Iraq amounted to nearly $9 billion, IRNA reported. It said the two nations will discuss increasing that amount to $20 billion.

“The two governments’ will is to expand bilateral trade to $20 billion,” Rouhani said after an hour-long meeting with the Iraqi prime minister.

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