New material makes electricity from waste heat

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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Ontario electricity pricing consultations will gather business input on OEB rate design, Industrial Conservation Initiative, dynamic pricing, global adjustment, and system costs through online feedback and sector-specific in-person sessions province-wide.

Key Points

Consultations gathering business input on rates, programs, and OEB policy to improve fairness and reduce system costs.

✅ Consults on ICI, GA, dynamic pricing structures

✅ Seeks views on OEB C&I rate design changes

✅ In-person sessions across key industrial sectors

The Ontario government has announced plans to hold consultations to seek input from businesses about industrial electricity pricing and programs. This will be done through Ontario's online consultations directory and though in-person sector-specific consultation sessions across the province. The in-person sessions will be held in all areas of Ontario, and will target "key industries," including automotive and the build-out of electric vehicle charging stations infrastructure, forestry, mining, agriculture, steel, manufacturing and chemicals.

On April 1, 2019, the Ontario government published a consultation notice for this process, confirming that it is looking for input on "electricity rate design, existing tax-based incentives, reducing system costs and regulatory and delivery costs," including related proposals such as the hydrogen rate reduction proposal under discussion. The consultation process includes a list of nine questions for respondents (and presumably participants in the in-person sessions) to address. These include questions about:

The benefits of the Industrial Conservation Initiative (described below), including how it could be changed to improve fairness and industrial competitiveness, and how it could complement programs like the Hydrogen Innovation Fund that support industrial innovation.

Dynamic pricing structures that allow for lower rates in return for responding to price signals versus a flat rate structure that potentially costs more, but is more stable and predictable, as Ontario's energy storage expansion accelerates.

Interest in an all-in commodity contract with an electricity retailer, even if it involves a risk premium.

Interested parties are invited to submit their comments before May 31, 2019.

The government's consultation announcement follows recent developments in the Ontario Energy Board's (OEB) review of electricity ratemaking for commercial and industrial customers, and intertie projects such as the Lake Erie Connector that could affect market dynamics.

In December 2018, the OEB published a paper from its Market Surveillance Panel (MSP) examining the Industrial Conservation Initiative (ICI), and potential alternative approaches. The ICI is a program that allows qualifying large industrial customers to base their global adjustment (GA) payments on their consumption during five peak demand hours in a year. Customers who find ways to reduce consumption at those times, perhaps through DERs and enabling energy storage options, will reduce their electricity costs. This shifts GA costs to other customers. The MSP found that the ICI does not fairly allocate costs to those who cause them and/or benefit from them, and recommends that a better approach should be developed.

In February 2019, the OEB released its Staff Report to the Board on Rate Design for Commercial and Industrial Electricity Customers, setting out recommendations for new rate designs for electricity commercial and industrial (C&I) rate classes as Ontario increasingly turns to battery storage to meet rising demand. As described in an earlier post, the Staff Report includes recommendations to: (i) establish a fixed distribution charge for commercial customers with demands under 10 kW; (ii) implement a demand charge (rather than the current volumetric charge) for C&I customers with demands between 10kW and 50kW; and (iii) introduce a "capacity reserve charge" for customers with load displacement generation to replace stand-by charges and provide for recognition of the benefits of this generation on the system. The OEB held a stakeholder information session in mid-March on this initiative, and interested parties are now filing submissions in response to the Staff Report.

Whether and how the OEB's processes will fit together with the government's consultation process remains to be seen.

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San Francisco Battery-Electric Ferries will deliver zero-emission, high-speed passenger service powered by Wartsila electric propulsion, EPMS, IAS, batteries, and shore power, advancing maritime decarbonization under the REEF program and USCG Subchapter T standards.

Key Points

They are the first US zero-emission high-speed passenger ferries using integrated electric propulsion and shore power

✅ Dual 625 kW motors enable up to 24-knot service speeds

✅ EPMS, IAS, DC hub, and shore power streamline operations

✅ Built to USCG Subchapter T for safety and compliance

Wartsila, a global leader in sustainable marine technology, has been selected to supply the electric propulsion system for the United States' first fully battery-electric, zero-emission high-speed passenger ferries. This significant development marks a pivotal step in the decarbonization of maritime transport, aligning with California's ambitious environmental goals, including recent clean-transport investments across ports and corridors.

A Leap Toward Sustainable Maritime Transport

The project, commissioned by All American Marine (AAM) on behalf of San Francisco Bay Ferry, involves the construction of three 150-passenger ferries, reflecting broader U.S. advances like the Washington State Ferries hybrid upgrade now underway. These vessels will operate on new routes connecting the rapidly developing neighborhoods of Treasure Island and Mission Bay to downtown San Francisco. The ferries are part of the Rapid Electric Emission Free (REEF) Ferry Program, a comprehensive initiative by San Francisco Bay Ferry to transition its fleet to zero-emission propulsion technology. The first vessel is expected to join the fleet in early 2027.

Wärtsilä’s Role in the Project

Wärtsilä's involvement encompasses the supply of a comprehensive electric propulsion system, including the Energy and Power Management System (EPMS), integrated automation system (IAS), batteries, DC hub, transformers, electric motors, and shore power supply. This extensive scope underscores Wärtsilä’s expertise in providing integrated solutions for emission-free marine transportation. The company's extensive global experience in developing and supplying integrated systems and solutions for zero-emission high-speed vessels, as seen with electric ships on the B.C. coast operating today, was a key consideration in the selection process.

Technical Specifications of the Ferries

The ferries will be 100 feet (approximately 30 meters) in length, with a beam of 26 feet and a draft of 5.9 feet. Each vessel will be powered by dual 625-kilowatt electric motors, enabling them to achieve speeds of up to 24 knots. The vessels will be built to U.S. Coast Guard Subchapter T standards, ensuring compliance with stringent safety regulations.

Environmental and Operational Benefits

The transition to battery-electric propulsion offers numerous environmental and operational advantages. Electric ferries produce zero emissions during operation, as demonstrated by Berlin's electric ferry deployments, significantly reducing the carbon footprint of maritime transport. Additionally, electric propulsion systems are generally more efficient and require less maintenance compared to traditional diesel engines, leading to lower operational costs over the vessel's lifespan.

Broader Implications for Maritime Decarbonization

This project is part of a broader movement toward sustainable maritime transport in the United States. San Francisco Bay Ferry has also approved the purchase of two larger 400-passenger battery-electric ferries for transbay routes, further expanding its commitment to zero-emission operations. The agency has secured approximately $200 million in funding from local, state, and federal sources, echoing infrastructure bank support seen in B.C., to support these initiatives, including vessel construction and terminal electrification.

Wartsila’s involvement in this project highlights the company's leadership in the maritime industry's transition to sustainable energy solutions, including hybrid-electric pathways like BC Ferries' new hybrids now in service. With a proven track record in supplying integrated systems for zero-emission vessels, Wärtsilä is well-positioned to support the global shift toward decarbonized maritime transport.

As the first fully battery-electric high-speed passenger ferries in the United States, these vessels represent a significant milestone in the journey toward sustainable and environmentally responsible maritime transportation, paralleling regional advances such as the Kootenay Lake electric-ready ferry entering service. The collaboration between Wärtsilä, All American Marine, and San Francisco Bay Ferry exemplifies the collective effort required to realize a zero-emission future for the maritime industry.

The deployment of these battery-electric ferries in San Francisco Bay not only advances the city's environmental objectives but also sets a precedent for other regions to follow. With continued innovation and collaboration, the maritime industry can look forward to a future where sustainable practices are the standard, not the exception.

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Denmark 2019 electricity CO2 intensity shows record-low emissions as renewable energy surges, wind power dominates, offshore wind expands, and coal phase-out accelerates Denmark's energy transition and grid decarbonization, driven by higher CO2 prices and flexibility.

Key Points

It is 135 g CO2/kWh, a record low enabled by wind power growth, offshore wind, and a sharp coal decline.

✅ Average emissions fell to 135 g CO2/kWh, the lowest on record

✅ Wind and solar supplied 49.9% of national electricity use

✅ Coal consumption dropped 46% as CO2 allowance prices rose

Danish electricity producers set a new green record in 2019, when an average produced kilowatt-hour emitted 135 gr CO2 / kWh.

It is the lowest CO2 emission ever measured in Denmark and about one-seventh of what the electricity producers emitted in 1990.

Never has a kilowatt-hour produced emitted as little CO2 as it did in 2019. And that's according to Energinet's recently published annual Environmental Report on Danish electricity generation and cogeneration, two primary causes.

One reason is that more green power has been produced because the Horns Rev 3 offshore wind farm, which can produce electricity for 425,000 households, was commissioned in 2019. The other is that Danish coal consumption fell by 46 percent from 2018 to 2019, as coal phase-out plans gathered pace across the sector. the dramatic decline in coal consumption is partly due a significant increase in the price of CO2 quotas, and thus also the price of CO2 emissions.

'Historically, 135 gr CO2 / kWh is a really, really low figure, showing the impressive green travel that the Danish electricity system has been on. In 1990, a kilowatt-hour produced emitted over 1000 grams of CO2, ie about seven times as much as today, 'says Hanne Storm Edlefsen, area manager in Energinet Power Systems Responsibility.

Wind energy is the dominant form of electricity generation in Denmark, a pattern the UK wind beat coal in 2016 when shifting away from fossil fuels.

17.1 TWh. Danish wind turbines and solar cells generated so much electricity in 2019, corresponding to 49.9 per cent. of Danish electricity consumption, reflecting broader EU wind and solar growth trends as well. An increase of 15 per cent. The wind turbines alone produced 16 TWh, which is not only a new green record, but also puts a thick line that wind energy is by far the most dominant form of electricity generation in Denmark.

'Thanks to our large wind resources, turbines are by far the largest supplier of renewable energy in Denmark, and this will be for many years to come. The large price drop in new wind energy in recent years - for both onshore and offshore winds - will ensure that wind energy will drive a large part of the growth in renewable energy in the coming years, as new wind generation records are set in markets like the UK, 'says Soren Klinge, electricity market manager at Wind Denmark.

Conversely, total electricity generation from fossil and bio-based fuels decreased by 26 PJ (petajoule ed.), Corresponding to 34 per cent. from 2018 to 2019, mirroring renewables overtaking coal in Germany. Nevertheless, net electricity generation was just under 30 TWh both years.

'It is worth noting that while fossil fuels are being phased out, Denmark maintains its annual net production of electricity. The green, so to speak, replaces the black. It once again underpins that green conversion, high security of supply and an affordable electricity price can go hand in hand, 'says Hanne Storm Edlefsen.

Danish power system is ready for a green future

Including trade in electricity with neighboring countries, 1 kWh in a Danish outlet generates 145 gr CO2 / kWh.

'There has been a very significant development in the Danish electricity system in recent years, where the electricity system can now be operated solely on the renewable energy. It is a remarkable development, also from an international perspective where low-carbon progress stalled in the UK in 2019, that one would not have thought possible for just a few years ago, 'he says.

More than expected have phased out coal

The electricity from the Danish sockets will be greener , predicts Energinet's environmental report , which expects CO2 intensity in the coming years. This is explained by an expectation of increased electrification of energy consumption, together with a continued expansion with wind and solar.

'Wind energy is the cornerstone of the green transition. With the commissioning of the Kriegers Flak offshore wind farm and several major onshore wind turbine projects within the next few years, we can well expect that only the wind's share of electricity consumption will exceed 50 per cent hopefully as early as 2021,' concludes Soren Klinge.

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US Power Grid Blackouts highlight aging infrastructure, rising outages, and declining reliability per DOE and NERC data, with weather-driven failures, cyberattack risk, and underinvestment stressing utilities, transmission lines, and modernization efforts.

Key Points

US power grid blackouts are outages caused by aging grid assets, severe weather, and cyber threats reducing reliability.

✅ DOE and NERC data show rising outage frequency and duration.

✅ Weather now drives 68-73% of major failures since 2008.

✅ Modernization, hardening, and cybersecurity investments are critical.

The United States power grid has more blackouts than any other country in the developed world, according to new data and U.S. blackout warnings that spotlight the country’s aging and unreliable electric system.

The data by the Department of Energy (DOE) and the North American Electric Reliability Corporation (NERC) shows that Americans face more power grid failures lasting at least an hour than residents of other developed nations.

And it’s getting worse.

Going back three decades, the US grid loses power 285 percent more often than it did in 1984, when record keeping began, International Business Times reported. The power outages cost businesses in the United States as much as $150 billion per year, according to the Department of Energy.

Customers in Japan lose power for an average of 4 minutes per year, as compared to customers in the US upper Midwest (92 minutes) and upper Northwest (214), University of Minnesota Professor Massoud Amin told the Times. Amin is director of the Technological Leadership Institute at the school.

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The grid is becoming less dependable each year, he said.

“Each one of these blackouts costs tens of hundreds of millions, up to billions, of dollars in economic losses per event,” Amin said. “… We used to have two to five major weather events per year [that knocked out power], from the ‘50s to the ‘80s. Between 2008 and 2012, major outages caused by weather, reflecting extreme weather trends, increased to 70 to 130 outages per year. Weather used to account for about 17 to 21 percent of all root causes. Now, in the last five years, it’s accounting for 68 to 73 percent of all major outages.”

As previously reported by Off The Grid News, the power grid received a “D+” grade on its power grid report card from the American Society of Civil Engineers (ASCE) in 2013. The power grid grade card rating means the energy infrastructure is in “poor to fair condition and mostly below standard, with many elements approaching the end of their service life.” It further means a “large portion of the system exhibits significant deterioration” with a “strong risk of failure.”

“America relies on an aging electrical grid and pipeline distribution systems, some of which originated in the 1880s,” the 2013 ASCE report read. “Investment in power transmission has increased since 2005, but ongoing permitting issues, weather events, and limited maintenance have contributed to an increasing number of failures and power interruptions.”

As The Times noted, the US power grid as it exists today was built shortly after World War II, with the design dating back to Thomas Edison. While Edison was a genius, he and his contemporaries could not have envisioned all the strains the modern world would place upon the grid and the multitude of tech gadgets many Americans treat as an extension of their body. While the drain on the grid has advanced substantially, the infrastructure itself has not.

There are approximately 5 million miles of electrical transmission lines throughout the United States, and thousands of power generating plants dot the landscape. The electrical grid is managed by a group of 3,300 different utilities and serve about 150 million customers, The Times said. The entire power grid system is currently valued at $876 billion.

Many believe the grid is vulnerable to an attack on substations and other threats.

Former Department of Homeland Security Secretary Janet Napolitano once said that a power grid cyber attack is a matter of “when” not “if,” as Russians hacked utilities incidents have shown.

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Enbridge Alberta CCS Project targets carbon capture and storage in Alberta, capturing emissions from industrial emitters to advance net-zero goals, leveraging carbon pricing, regulatory support, and a hub model despite a key partner's exit.

Key Points

A proposed Alberta carbon capture hub by Enbridge to store industrial emissions and support net-zero targets.

✅ Seeks emitters across power, oil and gas, and heavy industry

✅ Backed by carbon pricing, regulation, and net-zero mandates

✅ Faces high capex, storage risk, and anchor-tenant uncertainty

Enbridge Inc., a Canadian energy giant, is digging its heels in on its proposed carbon capture and storage (CCS) project in Alberta. This comes despite the recent withdrawal of Capital Power, a major potential emitter that was expected to utilize the CCS technology. Enbridge maintains the project remains viable, but questions linger about its future viability without a cornerstone anchor.

The CCS project, envisioned as a major carbon capture hub in Alberta, aimed to capture emissions from industrial facilities and permanently store them underground. This technology has the potential to play a significant role in reducing greenhouse gas emissions and mitigating the effects of climate change, alongside grid solutions like bridging the Alberta-B.C. electricity gap that can complement decarbonization efforts.

Capital Power's decision to shelve its $2.4 billion Genesee Generating Station project, which was designed to integrate with the CCS hub, threw a wrench into Enbridge's plans. The Genesee project was expected to be a key source of emissions for capture and storage, and its status is being weighed as Ottawa advances the federal coal plan to phase out unabated coal.

Enbridge, however, remains optimistic. The company cites ongoing discussions with other potential emitters interested in utilizing the CCS technology, amid new funding signals such as the U.S. DOE's $110M for CCUS that highlight momentum. They believe the project holds significant value despite Capital Power's departure.

"We are confident in the long-term viability of the project and continue to actively engage with potential customers," said Enbridge spokesperson Rachel Giroux. "Carbon capture and storage is a critical technology for achieving net-zero emissions, and we believe there is a strong business case for our CCS project."

Enbridge's confidence hinges on several factors. Firstly, they believe there is a growing appetite for CCS technology amongst industrial facilities facing increasing pressure to reduce their carbon footprint. Regulations and carbon pricing mechanisms, including new U.S. EPA power plant rules that test CCS readiness, could further incentivize companies to adopt CCS solutions.

Secondly, Enbridge highlights the potential for capturing emissions from not just power plants but also from other industrial sectors like oil and gas production and clean hydrogen projects in Canada, where reforming processes can generate CO2. This broader application could significantly increase the captured carbon volume and strengthen the project's economic viability.

However, skepticism remains. Critics point to the high upfront costs associated with CCS development and the nascent stage of the technology. They argue that without a guaranteed stream of captured emissions, the project might not be financially sound. Additionally, the long-term safety and effectiveness of large-scale carbon storage solutions remain under scrutiny.

The success of Enbridge's CCS project hinges on attracting new emitters. Replacing Capital Power's contribution will be a significant challenge. Enbridge will need to demonstrate the project's economic viability and navigate the complex regulatory landscape surrounding CCS technology.

The Alberta government's position on CCS is crucial. While the government has expressed support for the technology, the level of financial and regulatory incentives offered will significantly impact investor confidence, especially as the IEA net-zero outlook underscores Canada's need for much more electricity. A clear and stable policy framework will be essential for attracting emitters to the project.

The future of Enbridge's CCS project remains uncertain. Capital Power's withdrawal is a setback, but Enbridge's continued commitment suggests they believe the technology holds promise. Whether they can find enough emitters to justify the project's development will be a critical test. The outcome will have significant implications for the future of CCS technology in Alberta and Canada's broader efforts to achieve net-zero emissions, including Canada-Germany clean energy cooperation that seeks to scale low-carbon fuels.

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