FERC to decide Mooresville, Duke water battle

By McClatchy Tribune News


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A federal agency will try to resolve Duke Energy's dispute with Mooresville over the town's water intake on Lake Norman.

The Federal Energy Regulatory Commission will have to step in because the town and Duke failed to settle their differences in mediation with U.S. District Court Judge Frank Bullock.

John Whittaker, a lawyer for Duke Energy, provided the update in a July 10 letter to Kimberly Bose, secretary of the commission in Washington. Duke sued Mooresville to stop construction on its existing water intake. The company says the town needs permission from Duke and from the commission to do the work because Duke manages Lake Norman through its hydroelectric license.

Town officials have said the water belongs to citizens, not a for-profit company, and that it has the right to change a water intake on town-owned property.

The intake pumps water out of the lake for drinking water and other uses Mooresville and Duke were originally working toward a new town water intake at another spot, for which Duke sought permission from the commission. The town then decided to upgrade its existing intake, saying permission from Duke or the commission wasn't needed because the town was using its own land.

U.S. Chief District Judge Graham Mullen had asked the federal agency to "participate" in the case if mediation failed, Whittaker's letter said. Mullen will order the agency to get involved if it doesn't do so voluntarily, the letter said.

FERC spokeswoman Barbara Connors said the agency received Whittaker's letter, but that it would await notice from Mullen before proceeding.

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Funding Approved for Bruce C Project Exploration

Bruce C Project advances Ontario clean energy with NRCan funding for nuclear reactors, impact assessment, licensing, and Indigenous engagement, delivering reliable baseload power and low-carbon electricity through pre-development studies at Bruce Power.

 

Key Points

A proposed nuclear build at Bruce Power, backed by NRCan funding for studies, licensing, and impact assessment to expand clean power.

✅ Up to $50M NRCan support for pre-development

✅ Focus: feasibility, impact assessment, licensing

✅ Early Indigenous and community engagement

 

Canada's clean energy landscape received a significant boost recently with the announcement of federal funding for the Bruce Power's Bruce C Project. Natural Resources Canada (NRCan) pledged up to $50 million to support pre-development work for this potential new nuclear build on the Bruce Power site. This collaboration between federal and provincial governments signifies a shared commitment to a cleaner energy future for Ontario and Canada.

The Bruce C Project, if it comes to fruition, has the potential to be a significant addition to Ontario's clean energy grid. The project envisions constructing new nuclear reactors at the existing Bruce Power facility, located on the shores of Lake Huron. Nuclear energy is a reliable source of clean electricity generation, as evidenced by Bruce Power's operating record during the pandemic, producing minimal greenhouse gas emissions during operation.

The funding announced by NRCan will be used to conduct crucial pre-development studies. These studies will assess the feasibility of the project from various angles, including technical considerations, environmental impact assessments, and Indigenous and community engagement, informed by lessons from a major refurbishment that required a Bruce reactor to be taken offline, to ensure thorough planning. Obtaining a license to prepare the site and completing an impact assessment are also key objectives for this pre-development phase.

This financial support from the federal government aligns with both national and provincial clean energy goals. The "Powering Canada Forward" plan, spearheaded by NRCan, emphasizes building a clean, reliable, and affordable electricity system across the country. Ontario's "Powering Ontario's Growth" plan echoes these objectives, focusing on investment options, such as the province's first SMR project, to electrify the province's economy and meet its growing clean energy demand.

"Ontario has one of the cleanest electricity grids in the world and the nuclear industry is leading the way," stated Mike Rencheck, President and CEO of Bruce Power. He views this project as a prime example of collaboration between federal and provincial entities, along with the private sector, where recent manufacturing contracts underscore industry capacity.

Nuclear energy, however, remains a topic of debate. While proponents highlight its role in reducing greenhouse gas emissions and providing reliable baseload power, opponents raise concerns about nuclear waste disposal and potential safety risks. The pre-development studies funded by NRCan will need to thoroughly address these concerns as part of the project's evaluation.

Transparency and open communication with local communities and Indigenous groups will also be crucial for the project's success. Early engagement activities facilitated by the funding will allow for open dialogue and address any potential concerns these stakeholders might have.

The Bruce C Project is still in its early stages. The pre-development work funded by NRCan will provide valuable data to determine the project's viability. If the project moves forward, it has the potential to significantly contribute to Ontario's clean energy future, while also creating jobs and economic benefits for local communities and suppliers.

However, the project faces challenges. Public perception of nuclear energy and the lengthy regulatory process are hurdles that will need to be addressed, as debates around the Pickering B refurbishment have highlighted in Ontario. Additionally, ensuring cost-effectiveness and demonstrating the project's long-term economic viability will be critical for securing broader support.

The next few years will be crucial for the Bruce C Project. The pre-development work funded by NRCan will be instrumental in determining its feasibility. If successful, this project could be a game-changer for Ontario's clean energy future, building on the province's Pickering life extensions to strengthen system adequacy, offering a reliable, low-carbon source of electricity for the province and beyond.

 

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Looming Coal and Nuclear Plant Closures Put ‘Just Transition’ Concept to the Test

Just Transition for Coal and Nuclear Workers explains policy frameworks, compensation packages, retraining, and community support during decarbonization, plant closures, and energy shifts across Europe and the U.S., including Diablo Canyon and Uniper strategies.

 

Key Points

A policy approach to protect and retrain legacy power workers as coal and nuclear plants retire during decarbonization.

✅ Germany and Spain fund closures with compensation and retraining.

✅ U.S. lacks federal support; Diablo Canyon is a notable exception.

✅ Firms like Uniper convert coal sites to gas and clean energy roles.

 

The coronavirus pandemic has not changed the grim reality facing workers at coal and nuclear power plants in the U.S. and Europe. How those workers will fare in the years ahead will vary greatly based on where they live and the prevailing political winds.

In Europe, the retirement of aging plants is increasingly seen as a matter of national concern. Germany this year agreed to a €40 billion ($45 billion) compensation package for workers affected by the country's planned phaseout of coal generation by 2038, amid its broader exit from nuclear power as part of its energy transition. Last month the Spanish authorities agreed on a just transition plan affecting 2,300 workers across 12 thermal power plants that are due to close this year.

In contrast, there is no federal support plan for such workers in the U.S., said Tim Judson, executive director at the Maryland-based Nuclear Information and Resource Service, which lobbies for an end to nuclear and fossil-fuel power.

For all of President Donald Trump’s professed love of blue-collar workers in sectors such as coal, “where there are economic transitions going on, we’re terrible at supporting workers and communities,” Judson said of the U.S. Even at the state level, support for such workers is "almost nonexistent,” he said, “although there are a lot of efforts going on right now to start putting in place just transition programs, especially for the energy sector.”

One example that stands out in the U.S. is the support package secured for workers at utility PG&E's Diablo Canyon Power Plant, California's last operating nuclear power plant that is scheduled for permanent closure in 2025. “There was a settlement between the utility, environmental groups and labor unions to phase out that plant that included a very robust just transition package for the workers and the local community,” Judson said.

Are there enough clean energy jobs to replace those being lost?
Governments are more likely to step in with "just transition" plans where they have been responsible for plant closures in the first place. This is the case for California, Germany and Spain, all moving aggressively to decarbonize their energy sectors and pursue net-zero emissions policy goals.

Some companies are beginning to take a more proactive approach to helping their workers with the transition. German energy giant Uniper, for example, is working with authorities to save jobs by seeking to turn coal plants into lower-emissions gas-fired units.

Germany’s coal phaseout will force Uniper to shut down 1.5 gigawatts of hard-coal capacity by 2022, but the company has said it is looking at "forward-looking" options for its plants that "will be geared toward tomorrow's energy world and offer long-term employment prospects."

Christine Bossak, Uniper’s manager of external communications, told GTM this approach would be adopted in all the countries where Uniper operates coal plants.

Job losses are usually inevitable when a plant is closed, Bossak acknowledged. “But the extent of the reduction depends on the alternative possibilities that can be created at the site or other locations. We will take care of every single employee, should he or she be affected by a closure. We work with the works council and our local partners to find sustainable solutions.”

Diana Junquera Curiel, energy industry director for the global union federation IndustriALL, said such corporate commitments looked good on paper — but the level of practical support depends on the prevailing political sentiment in a country, as seen in Germany's nuclear debate over climate strategy.

Even in Spain, where the closure of coal plants was being discussed 15 years ago, a final agreement had to be rushed through at the last minute upon the arrival of a socialist government, Junquera Curiel said. An earlier right-wing administration had sat on the plan for eight years, she added.

The hope is that heel-dragging over just transition programs will diminish as the scale of legacy plant closures grows.

Nuclear industry facing a similar challenge as coal
One reason why government support is so important is there's no guarantee a burgeoning clean energy economy will be able to absorb all the workers losing legacy generation jobs. Although the construction of renewable energy projects requires large crews, it often takes no more than a handful of people to operate and maintain a wind or solar plant once it's up and running, Junquera Curiel observed.

Meanwhile, the job losses are unlikely to slow. In Europe, Austria and Sweden both closed their last coal-fired units recently, even as Europe loses nuclear capacity in key markets.

In the U.S., the Energy Information Administration's base-case prediction is that coal's share of power generation will fall from 24 percent in 2019 to 13 percent in 2050, while nuclear's will fall from 20 percent to 12 percent over that time horizon. The EIA has long underestimated the growth trajectory of renewables in the mix; only in 2020 did it concede that renewables will eventually overtake natural gas as the country's largest source of power.

The Institute for Energy Economics and Financial Analysis has predicted that even a coronavirus-inspired halt to renewables is unlikely to stop a calamitous drop in coal’s contribution to U.S. generation.

The nuclear sector faces a similar challenge as coal, albeit over a longer timeline. Last year saw the nuclear industry starting to lose capacity worldwide in what could be the beginning of a terminal decline, highlighted by Germany's shutdown of its last three reactors in 2023. Last week, the Indian Point Energy Center closed permanently after nearly half a century of cranking out power for New York City.*

“Amid ongoing debates over whether to keep struggling reactors online in certain markets, the industry position would be that governments should support continued operation of existing reactors and new build as part of an overall policy to transition to a sustainable clean energy system,” said Jonathan Cobb, senior communication manager at the World Nuclear Association.

If this doesn’t happen, plant workers will be hoping they can at least get a Diablo Canyon treatment. Based on the progress of just transition plans so far, that may depend on how they vote just as much as who they work for.

 

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Canada will need more electricity to hit net-zero: IEA report

Canada Clean Electricity Expansion is urged by the IEA to meet net-zero targets, scaling non-emitting generation, electrification, EV demand, and grid integration across provinces to decarbonize industry, buildings, and transport while ensuring reliability and affordability.

 

Key Points

An IEA-backed pathway for Canada to scale non-emitting power, electrification, and grid links to meet net-zero goals.

✅ Double or triple clean generation to replace fossil fuels

✅ Integrate provincial grids to decarbonize dependent regions

✅ Manage EV and heating loads with reliability and affordability

 

Canada will need more electricity capacity if it wants to hit its climate targets, and cleaning up Canada's electricity will be critical, according to a new report from the International Energy Agency (IEA).

The report offers mainly a rosy picture of Canada's overall federal energy policy. But, the IEA draws attention to Canada's increasing future electricity demands, and ultimately, calls on Canada to leverage its non-emitting energy potential and expand renewable energy to hit its climate targets.  

"Canada's wealth of clean electricity and its innovative spirit can help drive a secure and affordable transformation of its energy system and help realize its ambitious goals," stated Fatih Birol, the IEA executive director, in a news release.

The IEA notes that Canada has one of the cleanest energy grids globally, with 83 per cent of electricity coming from non-emitting sources in 2020. But this reflects nationwide progress in electricity to date; the report warns this is not a reason for Canada to rest on its laurels. More electricity will be needed to displace fossil fuels if Canada wants to hit its 2030 targets, the report states, and "even deeper cuts" will be required to reach net-zero by 2050.

"Perhaps more significantly, however, Canada will need to ensure sufficient new clean generation capacity to meet the sizeable levels of electrification that its net-zero targets imply."

Investing in new coal, oil and gas projects must stop to hit climate goals, global energy agency says
The Liberals have promised to create a 100 percent net-zero-emitting electricity system by 2035, with regulating oil and gas emissions and electric car sales as part of the plan; by then, every new light-duty vehicle sold in Canada will be a zero-emission vehicle. The switch from gas guzzlers to plug-in electric vehicles will create new pressures on Canada's electrical grid, as will any turn away from fossil natural gas for home heating.

To meet these challenges, the IEA warns, Canada would need to double or triple the power generated from non-emitting sources compared to today, a shift whose cost could reach $1.4 trillion according to the Canadian Gas Association. 

"Such a shift will require significant regulatory action," the report states, highlighting the need for climate policy for electricity grids to guide implementation, and that will require the federal government to work closely with provinces and territories that control power generation and distribution.

The report notes that the further integration of territorial and provincial electrical grids could allow fossil fuel-dependent provinces, like Alberta, to decarbonize and electrify their economies.

The report, entitled Canada 2022 Energy Policy Review, offers what it calls an "in-depth" look at the commitments Canada has made to transform its energy policy. Since the IEA conducted its last review in 2015, Canada has committed to cutting greenhouse gas emissions by 40 to 45 per cent from 2005 levels by 2030 and achieving net-zero by 2050 under an extended national target.

The IEA is well-known for the production of its annual World Energy Outlook. The Paris-based autonomous intergovernmental organization provides analysis, data, and policy recommendations to promote global energy security and sustainability. Canada is a part of the intergovernmental body, which also conducts peer reviews of its members' energy policy.


Oil and gas emissions rising
Natural Resources Minister Jonathan Wilkinson responded to the report in the IEA news release.

"This report acknowledges Canada's ambitious efforts and historic investments to develop pathways to achieve net-zero emissions by 2050 and ensure a transition that aligns with our shared objective of limiting global warming to 1.5 degrees Celsius," Wilkinson's statement read.

The report notes that — despite that objective — absolute emissions from Canadian oil and gas extraction went up 26 per cent between 2000 and 2019, largely from increased production.

Minister of Natural Resources Jonathan Wilkinson responds to a question at a news conference after the federal cabinet was sworn in, in Ottawa, on Oct. 26, 2021. (Justin Tang/The Canadian Press)
"Canada will need to reconcile future growth in oil sands production with increasingly strict greenhouse gas requirements," the report states.

On the plus side, the IEA found emissions per barrel of oilsands crude have decreased by 20 per cent in the last decade from technical and operational improvements.

The improving carbon efficiency of the oilsands is a "trend that is expected to continue at even higher rates," said Ben Brunnen, vice-president of oilsands, fiscal and economic policy at the Canadian Association of Petroleum Producers.

That may become important, the IEA report notes, as energy investors and buyers look for low-carbon assets and more countries adopt net-zero policies.

Further innovation, such as carbon capture and storage, could help to turn things around for Canada's oil patch, the report says. The Liberals have also said they will place a hard cap on oil and gas emissions from production, but that does not include the burning of the fossil fuels. 

In 2021, the IEA released a report that determined to achieve net-zero by 2050, among many steps, investments needed to end in coal mines, oil and gas wells. Thursday's report, however, made no mention of that, which disappointed at least one environmental group.

"A glaring omission was that this assessment says nothing about production. We know that the most important thing we can do is to stop using and producing oil and gas," said Julia Levin, a senior climate and energy program manager at Environmental Defence.

"And yet that was absent from this report, and that really is a glaring omission, which is completely out of line with their [the IEA's] own work."

 

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Survivors of deadly tornadoes may go weeks without heat, water, electricity, Kentucky officials say

Kentucky Tornado Recovery details Mayfield damage, death toll, power outages, boil-water advisories, shelter operations, and emergency response across five states, as crews restore infrastructure, locate missing persons, and support displaced families in frigid temperatures.

 

Key Points

Overview of restoring utilities, repairing infrastructure, and sheltering survivors after Kentucky's tornado disaster.

✅ Power, water, and gas outages persist; boil-water advisories in effect.

✅ Mayfield hardest hit; factory casualties lower than first feared.

✅ Shelter provided in state park lodges; long-term recovery expected.

 

Residents of Kentucky counties where tornadoes killed several dozen people could be without heat, water or electricity in frigid temperatures for weeks or longer, state officials warned Monday, and experiences abroad like Kyiv's difficult winter underscore the risks as the toll of damage and deaths came into clearer focus in five states slammed by the swarm of twisters.

Authorities are still tallying the devastation from Friday's storms, though they believe the death toll will be lower than initially feared since it appeared many more people escaped a candle factory in Mayfield, Ky., than first thought.

At least 88 people — including 74 in Kentucky — were killed by the tornados which also destroyed a nursing home in Arkansas, heavily damaged an Amazon distribution centre in Illinois and spread their deadly effects into Tennessee and Missouri, while ongoing nuclear worker safety concerns highlighted vulnerabilities across critical facilities. Another 105 people were still unaccounted for in Kentucky as of Monday afternoon, Gov. Andy Beshear said.

As searches continued for those still missing, efforts also turned to repairing the power grid, downed line safety education, sheltering those whose homes were destroyed and delivering drinking water and other supplies.

"We're not going to let any of our families go homeless," Beshear said in announcing that lodges in state parks were being used to provide shelter.

In Bowling Green, Ky., 11 people died on the same street, including two infants found among the bodies of five relatives near a residence, Warren County coroner Kevin Kirby said. 

In Mayfield, one of the hardest hit towns, those who survived faced a high around 10 C and a low below freezing Monday without any utilities, and awareness of power strip fire risks is critical as residents turn to makeshift heating and power.

"Our infrastructure is so damaged. We have no running water. Our water tower was lost. Our waste water management was lost, and there's no natural gas to the city. So we have nothing to rely on there," Mayfield Mayor Kathy Stewart O'Nan said on CBS Mornings. "So that is purely survival at this point for so many of our people."

Across the state, about 26,000 homes and businesses were without electricity, according to poweroutage.us, including nearly all of those in Mayfield, and the U.S. grid warning during the pandemic underscored vulnerabilities in critical infrastructure.

More than 10,000 homes and businesses have no water, and another 17,000 are under boil-water advisories, Kentucky Emergency Management Director Michael Dossett told reporters.

Dossett warned that full recovery in the hardest-hit places could take not just months, but years, noting that utilities have at times contemplated on-site staffing to maintain operations during crises.

At least 74 people have been confirmed dead across Kentucky after tornadoes tore through the state, leaving some communities nearly totally destroyed and many residents wondering if they can afford to rebuild. 2:22
"This will go on for years to come," he said. 

Amid broader economic strain, recent debates over Kentucky miners' pay highlight ongoing financial vulnerabilities for workers affected by disasters as well.

Authorities are still trying to determine the total number of dead, and the storms made door-to-door searches impossible in some places. "There are no doors," said Beshear.

"We're going to have over 1,000 homes that are gone, just gone," he said.

Beshear had said Sunday morning that the state's toll could exceed 100. But he later said it might be as low as 50.

'Then he was gone'
Initially as many as 70 people were feared dead in the candle factory in Mayfield, but the company said Sunday that eight were confirmed dead and eight remained missing, while more than 90 others had been located.

"Many of the employees were gathered in the tornado shelter and after the storm was over they left the plant and went to their homes," said Bob Ferguson, a spokesman for the company. "With the power out and no landline they were hard to reach initially. We're hoping to find more of those eight unaccounted as we try their home residences."

 

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Reliability of power winter supply puts Newfoundland 'at mercy of weather': report

Labrador Island Link Reliability faces scrutiny as Nalcor Energy and General Electric address software issues; Liberty Consulting warns of Holyrood risks, winter outages, grid stability concerns, and PUB oversight for Newfoundland and Labrador.

 

Key Points

It is the expected dependability of the link this winter, currently uncertain due to GE software and Holyrood risks.

✅ GE software delays may hinder reliable in-service by mid-November.

✅ Holyrood performance issues increase winter outage risk.

✅ PUB directs Hydro to plan contingencies and improve assets.

 

An independent consultant is questioning if the brand new Labrador Island link can be counted on to supply power to Newfoundland this coming winter.

In June, Nalcor Energy confirmed it had successfully sent power from Churchill Falls to the Avalon Peninsula through its more than 1500-kilometre link, but now the Liberty Consulting Group says it doesn't expect the link will be up and running consistently this winter.

"What we have learned supports a conclusion that the Labrador Island Link is unlikely to be reliably in commercial operation at the start of the winter," says the report dated Aug. 30, 2018.

The link relies on software provided by General Electric but Liberty says there are lingering questions about GE's ability to ensure the necessary software will be in place this fall.

"At an August meeting, company representatives did not express confidence in GE's ability to meet an in-service date for the Labrador Island Link of mid-November," says the report.

Liberty also says testing the link for a brief period this spring and fall doesn't demonstrate long-term reliability.

"The link will remain prone to the uncertainties any new major facility faces early in its operating life, especially one involving technology new to the operating company," according to the report.

Holyrood trouble

The report goes on to say island residents should also be worried about the reliability of the troubled Holyrood facility — a facility that's important when demand for energy is high during winter months.

Liberty says "poor performance at the Holyrood thermal generating station increases the risk of outages considerably."

The group's report concludes the deteriorating condition of Holyrood is a major threat to the island's power supply and Liberty says that threat "could produce very severe consequences when the Labrador Island Link is unavailable."

The consultant says questions about the Labrador Island Link's readiness combined with concerns about the reliability of Holyrood may mean power outages, and for vulnerable customers, debates over hydro disconnections policies often intensify during winter.

"This all suggests that, for at least part of this winter, the island interconnected system may be at the mercy of the weather, where severe events can test utilities' storm response efforts further."

The consultant's report also includes five recommendations to the PUB, reflecting the kind of focused nuclear alert investigation follow-up seen elsewhere.

In essence, Liberty is calling for the board to direct Newfoundland and Labrador Hydro to make plans for the possibility that the link won't be available this winter. It's also calling on hydro to do more to improve the reliability of its other assets, such as Holyrood, as some operators have even contemplated locking down key staff to maintain operations during crises.

Response to Liberty's report

Nalcor CEO Stan Marshall defended the Crown corporation's winter preparedness in an email statement to CBC.

"The right level of planning and investment has been made for our existing equipment so we can continue to meet all of our customer electricity needs for this coming winter season," he wrote.

Regarding the Labrador Island Link, Marshall called for patience.

"This is new technology for our province and integrating the new transmission assets into our current electricity system is complex work that takes time," he said.

There is also a more detailed response from Newfoundland and Labrador Hydro which was sent to the province's Public Utiltiies Board.

Hydro says it will keep testing the Labrador Island Link and increasing the megawatts that are wheeled through it. It also says in October it will begin to give the PUB regular reports on the link's anticipated in-service date.

 

 

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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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