New uranium leak found at Areva factory

By Reuters


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French nuclear firm Areva has detected a uranium leak that could date back several years at a factory in southeastern France, the French safety authority said.

The nuclear watchdog of Europe's biggest atomic energy nation said it had dispatched a team of experts to check the site in Romans-sur-Isere, but did not give any indication about the size of the leak.

Areva, a state-controlled company which makes nuclear reactors and deals with uranium, said the leak was confined to its FBFC site and did not pose a danger to the environment.

"The defective pipe was shut by our teams," Areva said in a statement, adding that the pipe linked a workshop making fuel to a uranium treatment station.

News of the leak came the day after France ordered tests at all its 19 nuclear power plants following the discovery that liquid containing non-enriched uranium had been accidentally released from another Areva site in southeast France.

Areva told the nuclear safety authority ASN that the latest leak came from a buried pipe transporting liquid uranium and that the crack in the tubing was "several years old".

"Areva will start the cleaning of the impacted zone on July 18," the ASN said in a statement, adding that the pipes did not appear to meet safety regulations.

Areva said it would ask the ASN to classify the leak at level one of the International Nuclear Event Scale, used to measure the potential danger of incidents at nuclear sites. The scale has seven levels, the lowest of which is zero.

The ASN criticized Areva for the way it handled the previous leak at Tricastin, which was also classified as a level one event, saying it delayed communication of the problem and had unsatisfactory security measures in place.

Areva has since named a new manager for the Tricastin plant who has been told to review procedures at the site.

News of the latest incident is a fresh embarrassment for Areva which is at the forefront of French President Nicolas Sarkozy's effort to sell home-grown nuclear energy technology to the rest of the world.

The problems could also cast fresh doubts on France's recent decision to build a second new-generation European Pressurised Reactor (EPR) by 2017, bringing to 60 the number of nuclear reactors in France.

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Wind has become the ‘most-used’ source of renewable electricity generation in the US

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

 

Key Points

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

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

✅ PTC credits spurred growth in utility-scale wind projects

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

 

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

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

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

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

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

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

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

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

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

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

 

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Medicine Hat Grant Winners to Upgrade Grid and Use AI for Energy Savings

Medicine Hat Smart Grid AI modernizes electricity distribution with automation, sensors, and demand response, enhancing energy efficiency and renewable integration while using predictive analytics and real-time data to reduce consumption and optimize grid operations.

 

Key Points

An initiative using smart grid tech and AI to optimize energy use, cut waste, and improve renewable integration.

✅ Predictive analytics forecast demand to balance load and prevent outages.

✅ Automation, sensors, and meters enable dynamic, resilient distribution.

✅ Integrates solar and wind with demand response to cut emissions.

 

The city of Medicine Hat, Alberta, is taking bold steps toward enhancing its energy infrastructure and reducing electricity consumption with the help of innovative technology. Recently, several grant winners have been selected to improve the city's electricity grid distribution and leverage artificial intelligence (AI) to adapt to electricity demands while optimizing energy use. These projects promise to not only streamline energy delivery but also contribute to more sustainable practices by reducing energy waste.

Advancing the Electricity Grid

Medicine Hat’s electricity grid is undergoing a significant transformation, thanks to a new set of initiatives funded by government grants that advance a smarter electricity infrastructure vision for the region. The city has long been known for its commitment to sustainable energy practices, and these new projects are part of that legacy. The winners of the grants aim to modernize the city’s electricity grid to make it more resilient, efficient, and adaptable to the changing demands of the future, aligning with macrogrid strategies adopted nationally.

At the core of these upgrades is the integration of smart grid technologies. A smart grid is a more advanced version of the traditional power grid, incorporating digital communications and real-time data to optimize the delivery and use of electricity. By connecting sensors, meters, and control systems across the grid, along with the integration of AI data centers where appropriate, the grid can detect and respond to changes in demand, adjust to faults or outages, and even integrate renewable energy sources more efficiently.

One of the key aspects of the grant-funded projects involves automating the grid. Automation allows for the dynamic adjustment of power distribution in response to changes in demand or supply, reducing the risk of blackouts or inefficiencies. For instance, if an area of the city experiences a surge in energy use, the grid can automatically reroute power from less-used areas or adjust the distribution to avoid overloading circuits. This kind of dynamic response is crucial for maintaining a stable and reliable electricity supply.

Moreover, the enhanced grid will be able to better incorporate renewable energy sources such as solar and wind power, reflecting British Columbia's clean-energy shift as well, which are increasingly important in Alberta’s energy mix. By utilizing a more flexible and responsive grid, Medicine Hat can make the most of renewable energy when it is available, reducing reliance on non-renewable sources.

Using AI to Reduce Energy Consumption

While improving the grid infrastructure is an essential first step, the real innovation comes in the form of using artificial intelligence (AI) to reduce energy consumption. Several of the grant winners are focused on developing AI-driven solutions that can predict energy demand patterns, optimize energy use in real-time, and encourage consumers to reduce unnecessary energy consumption.

AI can be used to analyze vast amounts of data from across the electricity grid, such as weather forecasts, historical energy usage, and real-time consumption data. This analysis can then be used to make predictions about future energy needs. For example, AI can predict when the demand for electricity will peak, allowing the grid operators to adjust supply ahead of time, ensuring a more efficient distribution of power. By predicting high-demand periods, AI can also assist in optimizing the use of renewable energy sources, ensuring that solar and wind power are utilized when they are most abundant.

In addition to grid management, AI can help consumers save energy by making smarter decisions about how and when to use electricity. For instance, AI-powered smart home devices can learn household routines and adjust heating, cooling, and appliance usage to reduce energy consumption without compromising comfort. By using data to optimize energy use, these technologies not only reduce costs for consumers but also decrease overall demand on the grid, leading to a more sustainable energy system.

The AI initiatives are also expected to assist businesses in reducing their carbon footprints. By using AI to monitor and optimize energy use, industrial and commercial enterprises can cut down on waste and reduce energy-related operational costs, while anticipating digital load growth signaled by an Alberta data centre agreement in the province. This has the potential to make Medicine Hat a more energy-efficient city, benefiting both residents and businesses alike.

A Sustainable Future

The integration of smart grid technology and AI-driven solutions is positioning Medicine Hat as a leader in sustainable energy practices. The city’s approach is focused not only on improving energy efficiency and reducing waste but also on making electricity consumption more manageable and adaptable in a rapidly changing world. These innovations are a crucial part of Medicine Hat's long-term strategy to reduce carbon emissions and meet climate goals while ensuring reliable and affordable energy for its residents.

In addition to the immediate benefits of these projects, the broader impact is likely to influence other municipalities across Canada, including insights from Toronto's electricity planning for rapid growth, and beyond. As the technology matures and proves successful, it could set a benchmark for other cities looking to modernize their energy grids and adopt sustainable, AI-driven solutions.

By investing in these forward-thinking technologies, Medicine Hat is not only future-proofing its energy infrastructure but also taking decisive steps toward a greener, more energy-efficient future. The collaboration between local government, technology providers, and the community marks a significant milestone in the city’s commitment to innovation and sustainability.

 

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Energy chief says electricity would continue uninterrupted if coal phased out within 30 years

Australia Energy Policy Debate highlights IPCC warnings, Paris Agreement goals, coal phase-out, emissions reduction, renewables, gas, pumped hydro, storage, reliability, and investment certainty amid NEG uncertainty and federal-state tensions over targets.

 

Key Points

Debate over coal, emissions targets, and grid reliability, guided by IPCC science, Paris goals, and market reforms.

✅ IPCC urges rapid cuts and coal phase-out by 2050

✅ NEG's emissions pillar stalled; reliability obligation alive

✅ States, market operators push investment certainty and storage

 

The United Nation’s climate body, the Intergovernmental Panel on Climate Change, on Monday said radical emissions reduction across the world’s economies, including a phase-out of coal by 2050, was required to avoid the most devastating climate change impacts.

The Morrison government dismissed the findings. Treasurer Josh Frydenberg insisted this week that “coal is an important part of the energy mix”.

“If we were to take coal out of the system the lights would go out on the east coast of Australia overnight. It provides more than 60 per cent of our power," he said.

Ms Zibelman, whose organisation operates the nation’s largest gas and electricity markets, said if Australia was to make an orderly transition to low-emissions electricity generation, aligning with the sustainable electric planet vision, “then certainly we would keep the lights on”.

Ms Zibelman said coal assets should be maintained “as long as they are economically viable and we should have a plan to replace them with resources that are lowest cost”.

Those options comprised gas, renewables, pumped hydro and other energy storage, she told ABC radio, as New Zealand weighs electrification to replace fossil fuels.

Under the Paris treaty the government has pledged to lower emissions by 26 per cent by 2030, based on 2005 levels, even as national emissions rose 2% recently according to industry reports.

Labor would increase the goal to a 45 per cent cut - a policy Prime Minister Scott Morrison said last month would " shut down every coal-fired power station in the country and ... increase people’s power bill by about $1,400 on average for every single household”.

The federal government has scrapped its proposed National Energy Guarantee, which would have cut emissions in the electricity sector, but the reliability component of the plan may continue in some form.

The policy was being developed by the Energy Security Board. The group’s chairwoman Kerry Schott has expressed anger at its demise but on Thursday revealed the board was still working on the policy because “nobody told us to stop”.

Speaking at the Melbourne Institute's Outlook conference, she urged the government to revive the emissions reduction component of the plan to provide investment certainty, noting the IEA net-zero report on Canada shows electricity demand rises in decarbonisation.

Energy Minister Angus Taylor, an energy consultant before entering Parliament, on Thursday said the electricity sector would reduce emissions in line with the Paris deal without a mandated target.

Mr Taylor said only a “very brave state” would not support the policy’s reliability obligation.

The federal government has called a COAG energy council meeting for October 26 in Sydney to discuss electricity reliability.

It is understood Mr Taylor has not contacted Victoria, Queensland or the ACT since taking the portfolio, despite needing unanimous support from the states to progress the issue.

The Victorian government goes into caretaker mode on October 30 ahead of that state's election.

Victorian Energy Minister Lily D’Ambrosio said the federal government was “a rabble when it comes to energy policy, and we won’t be signing anything until after the election".

Speaking at the Melbourne Institute conference, prominent business leaders on Thursday bemoaned a lack of political leadership on energy policy and climate change, saying the only way forward appeared to be for companies to take action themselves, with some pointing to Canada's race to net-zero as a case study in the role of renewables.

Jayne Hrdlicka, chief executive of ASX-listed dairy and infant-formula company a2 Milk, said "we all have an obligation to do the very best job we can in managing our carbon footprint".

"We just need to get on doing what we can .. and then hope that policy will catch up. But we can’t wait," she said.

Ms Hrdlicka said the recent federal political turmoil had been frustrating "because if you invest in building relationships as most of us do in Canberra and then overnight they are all changed, you’re starting from scratch".

 

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Alliant aims for carbon-neutral electricity, says plans will save billions for ratepayers

Alliant Energy Net-Zero Carbon Plan outlines carbon-neutral electricity by 2050, coal retirements by 2040, major solar and wind additions, gas transition, battery storage, hydrogen, and carbon credits to reduce emissions and lower customer costs.

 

Key Points

Alliant Energy's strategy to reach carbon-neutral power by 2050 via coal phaseout, renewables, storage, and offsets.

✅ Targets net-zero electricity by 2050

✅ Retires all coal by 2040; expands solar and wind

✅ Uses storage, hydrogen, and offsets to bridge gaps

 

Alliant Energy has joined a small but growing group of utilities aiming for carbon-neutral electricity by 2050.

In a report released Wednesday, the Madison-based company announced a goal of “net-zero carbon dioxide emissions” from its electricity generation along with plans to eliminate all coal-powered generation by 2040, a decade earlier than the company’s previous target.

Alliant, which is pursuing plans that would make it the largest solar energy generator in Wisconsin, said it is on track to cut its 2005 carbon emissions in half by 2030.

Both goals are in line with targets an international group of scientists warn is necessary to avoid the most catastrophic impacts of climate change. But reducing greenhouse gasses was not the primary motivation, said executive vice president and general counsel Jim Gallegos.

“The primary driver is focused on our customers and communities and setting them up … to be competitive,” Gallegos said. “We do think renewables are going to do it better than fossil fuels.”

Alliant has told regulators it can save customers up to $6.5 billion over the next 35 years by adding more than 1,600 megawatts of renewable generation, closing one of its two remaining Wisconsin coal plants and taking other undisclosed actions.

In a statement, Alliant chairman and CEO John Larsen said the goal is part of broader corporate and social responsibility efforts “guided by our strategy and designed to deliver on our purpose — to serve customers and build stronger communities.”

Coal out; gas remains
The goal applies only to Alliant’s electricity generation — the company has no plans to stop distributing natural gas for heating — and is “net-zero,” meaning the company could use some form of carbon capture or purchase carbon credits to offset continuing emissions.

The plan relies heavily on renewable generation — seen in regions embracing clean power across North America — including the addition of up to 1,000 megawatts of new Wisconsin solar plants by the end of 2023 and 1,000 megawatts of Iowa wind generation added over the past four years — as well as natural gas generators to replace its aging coal fleet.

But Jeff Hanson, Alliant’s director of sustainability, said eliminating or offsetting all carbon emissions will require new tools, such as battery storage or possibly carbon-free fuels such as hydrogen, and awareness of the Three Mile Island debate over the role of nuclear power in the mix.

“Getting to the 2040 goals, that’s all based on the technologies of today,” Hanson said. “Can we get to net zero today? The challenge would be a pretty high bar to clear.”

Gallegos said the plan does not call for the construction of more large-scale natural gas generators like the recently completed $700 million West Riverside Energy Center in Beloit, though natural gas will remain a key piece of Alliant’s generation portfolio.

Alliant announced plans in May to close its 400-megawatt Edgewater plant in Sheboygan by the end of 2022, echoing how Alberta is retiring coal by 2023 as markets shift, but has not provided a date for the shutdown of the jointly owned 1,100-megawatt Columbia Energy Center near Portage, which received about $1 billion worth of pollution-control upgrades in the past decade.

Alliant’s Iowa subsidiary plans to convert its 52-year-old, 200-megawatt Burlington plant to natural gas by the end of next year and a pair of small coal-fired generators in Linn County by 2025. That leaves the 250-megawatt plant in Lansing, which is now 43 years old, and the 734-megawatt Ottumwa plant as the remaining coal-fired generators, even as others keep a U.S. coal plant running indefinitely elsewhere.

Earlier this year, the utility asked regulators to approve a roughly $900 million investment in six solar farms across the state with a total capacity of 675 megawatts, similar to plans in Ontario to seek new wind and solar to address supply needs. The company plans to apply next year for permission to add up to 325 additional megawatts.

Alliant said the carbon-neutral plan, which entails closing Edgewater along with other undisclosed actions, would save customers between $2 billion and $6.5 billion through 2055 compared to the status quo.

Tom Content, executive director of the Citizens Utility Board, said the consumer advocacy group wants to ensure that ratepayers aren’t forced to continue paying for coal plants that are no longer needed while also paying for new energy sources and would like to see a bigger role for energy efficiency and more transparency about the utilities’ pathways to decarbonization.

‘They could do better’
Environmental groups said the announcement is a step in the right direction, though they say utilities need to do even more to protect the environment and consumers.

Amid competition from cheaper natural gas and renewable energy and pressure from environmentally conscious investors, U.S. utilities have been closing coal plants at a record pace in recent years, as industry CEOs say a coal comeback is unlikely in the U.S., a trend that is expected to continue through the next decade.

“This is not industry leadership when we’re talking about emission reductions,” said Elizabeth Katt Reinders, regional campaign director for the Sierra Club, which has called on Alliant to retire the Columbia plant by 2026.

Closing Edgewater and Columbia would get Alliant nearly halfway to its emissions goals while saving customers more than $250 million over the next decade, according to a Sierra Club study released earlier this year.

“Retiring Edgewater was a really good decision. Investing in 1,000 megawatts of new solar is game-changing for Wisconsin,” Katt Reinders said. “In the same breath we can say this emissions reduction goal is unambitious. Our analysis has shown they can do far more far sooner.”

Scott Blankman, a former Alliant executive who now works as director of energy and air programs for Clean Wisconsin, said Alliant should not run the Columbia plant for another 20 years.

“If they’re saying they’re looking to get out of coal by 2040 in Wisconsin I’d be very disappointed,” Blankman said. “I do think they could do better.”

Alliant is the 15th U.S. investor-owned utility to set a net-zero target, according to the Natural Resources Defense Council, joining Madison Gas and Electric, which announced a similar goal last year. Minnesota-based Xcel Energy, which serves customers in western Wisconsin, was the first large investor-owned utility to set such a target, as state utilities report declining returns in coal operations.

 

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Australia's energy transition stalled by stubbornly high demand

Australia Renewable Energy Transition: solar capacity growth, net-zero goals, rising electricity demand, coal reliance, EV adoption, grid decarbonization, heat waves, air conditioning loads, and policy incentives shaping clean power, efficiency, and emissions reduction.

 

Key Points

Australia targets net-zero by 2050 by scaling renewables, curbing demand, and phasing down coal and gas.

✅ Solar capacity up 200% since 2018, yet coal remains dominant.

✅ Transport leads energy use; EV uptake lags global average.

✅ Heat waves boost AC load, stressing grids and emissions goals.

 

A more than 200% increase in installed solar power generation capacity since 2018 helped Australia rank sixth globally in terms of solar capacity last year and emerge as one of the world's fastest-growing major renewable energy producers, aligning with forecasts that renewables to surpass coal in global power generation by 2025.

However, to realise its goal of becoming a net-zero carbon emitter by 2050, Australia must reverse the trajectory of its energy use, which remains on a rising path, even as Asia set to use half of electricity underscores regional demand growth, in contrast with several peers that have curbed energy use in recent years.

Australia's total electricity consumption has grown nearly 8% over the past decade, amid a global power demand surge that has exceeded pre-pandemic levels, compared with contractions over the same period of more than 7% in France, Germany and Japan, and a 14% drop in the United Kingdom, data from Ember shows.

Sustained growth in Australia's electricity demand has in turn meant that power producers must continue to heavily rely on coal for electricity generation on top of recent additions in supply of renewable energy sources, with low-emissions generation growth expected to cover most new demand.

Australia has sharply boosted clean energy capacity in recent years, but remains heavily reliant on coal & natural gas for electricity generation
To accomplish emissions reduction targets on time, Australia's energy use must decline while clean energy supplies climb further, as that would give power producers the scope to shut high-polluting fossil-powered energy generation systems ahead of the 2050 deadline.

DEMAND DRIVERS
Reducing overall electricity and energy use is a major challenge in all countries, where China's electricity appetite highlights shifting consumption patterns, but will be especially tough in Australia which is a relative laggard in terms of the electrification of transport systems and is prone to sustained heat waves that trigger heavy use of air conditioners.

The transport sector uses more energy than any other part of the Australian economy, including industry, and accounted for roughly 40% of total final energy use as of 2020, according to the International Energy Agency (IEA.)

Transport energy demand has also expanded more quickly than other sectors, growing by over 5% from 2010 to 2020 compared to industry's 1.3% growth over the same period.

Transport is Australia's main energy use sector, and oil products are the main source of energy type
To reduce energy use, and cut the country's fuel import bill which topped AUD $65 billion in 2022 alone, according to the Australian Bureau of Statistics, the Australian government is keen to electrify car fleets and is offering large incentives for electric vehicle purchases.

Even so, electric vehicles accounted for only 5.1% of total Australian car sales in 2022, according to the International Energy Agency (IEA).

That compares to 13% in New Zealand, 21% in the European Union, and a global average of 14%.

More incentives for EV purchases are expected, but any rapid adoption of EVs would only serve to increase overall electricity demand, and with surging electricity demand already straining power systems worldwide, place further pressure on power producers to increase electricity supplies.

Heating and cooling for homes and businesses is another major energy demand driver in Australia, and accounts for roughly 40% of total electricity use in the country.

Australia is exposed to harsh weather conditions, especially heat waves which are expected to increase in frequency, intensity and duration over the coming decades due to climate change, according to the New South Wales government.

To cope, Australians are expected to resort to increased use of air conditioners during the hottest times of the year, and with reduced power reserves flagged by the market operator, adding yet more strain to electricity systems.

 

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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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