U.S. solar energy industry blasts government move

By Reuters


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Leaders in the U.S. solar energy industry blasted the U.S. government for a freeze on applications for new solar projects on public land in six Western states.

The Bureau of Land Management announced the freeze a month ago, saying it would conduct an extensive study looking at the environmental, social and economic impacts of solar energy development.

During the 22-month study, the agency will not consider any new proposals for solar energy developments on public land in Arizona, California, Colorado, Nevada, New Mexico or Utah.

Fred Morse, senior advisor for U.S. operations at Abengoa Solar, a Spanish company with a solar plant in development in Arizona, said the moratorium could hurt many companies in the burgeoning U.S. industry.

Companies could face hefty fines if they don't deliver on previously signed agreements to supply power, and a blanket freeze on the industry is a mistake, he said.

"All companies will be hurt by this freeze if they have a project (in the works)," Morse said.

Before the freeze went into effect at the end of May, the government had received approximately 130 applications for development on over one million acres of land, said Linda Resseguie, the Bureau of Land Management's project manager for the study.

"We are going to be working with the 130 applications that we have," Resseguie told Reuters. "It seemed best to us not to continue to build on that until we more fully understand which public lands are best suited for solar energy development."

The applications currently being looked at by the Bureau of Land Management have the potential to generate 70 billion watts of electricity, enough energy to power about 20 million homes in the United States, Resseguie said.

At a time of record high gasoline prices and calls from the presumptive presidential candidates of both major parties for development of energy alternatives to oil, solar industry proponents attacked the federal agency's freeze.

"We think it's ludicrous that the BLM (Bureau of Land Management) will put a moratorium on new projects when they haven't processed a single one," Rhone Resch, president of the Solar Energy Industry Association, told reporters during a conference call to mark the opening of a new solar manufacturing plant in Las Vegas, Nevada.

"There are 80 million acres on U.S. land leased to the oil and gas industry, and not one acre for solar."

The government freeze on new applications showed a "big disconnect" from public support for solar power, Resch said.

In the same call, Robert Fishman, chief executive of privately held Ausra, a solar thermal power developer headquartered in Palo Alto, California, said a recent poll showed 94 percent of Americans favor solar power development to help ease pollution and cut energy costs.

Ausra opened its first U.S.-based manufacturing plant for reflectors and other components of its solar plants in Las Vegas. Ausra last November announced plans to build a 177-megawatt solar farm in central California for PG&E Corp.

"The BLM is just quitting," said Fishman. "What they should be doing is staffing up and seeing how they are going to process these applications."

The agency says the benefits of the study will outweigh the potential costs to some companies.

"We think the program will be better for it in the end," Resseguie said.

Morse said he hoped the agency would reconsider the blanket policy in favor of a program that would allow what he called "real" projects - those where long-term agreements to supply power have already been signed - to be evaluated.

The Bureau of Land Management, an agency of the Interior Department, controls 258 million acres of land, or about 13 percent of the total surface land in the country, primarily in Western states. The sunny desert land that makes up a large portion of the six states is the ideal terrain for solar energy development.

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Millions at Risk of Electricity Shut-Offs Amid Summer Heat

Summer Heatwave Electricity Shut-offs strain power grids as peak demand surges, prompting load shedding, customer alerts, and energy conservation. Vulnerable populations face higher risks, while cooling centers, efficiency upgrades, and renewables bolster resilience.

 

Key Points

Episodic power cuts during extreme heat to balance grid load, protect infrastructure, and manage peak demand.

✅ Causes: peak demand, heatwaves, aging grid, AC load spikes.

✅ Impacts: vulnerable households, health risks, economic losses.

✅ Solutions: load shedding, cooling centers, efficiency, renewables.

 

As temperatures soar across various regions, millions of households are facing the threat of U.S. blackouts due to strain on power grids and heightened demand for cooling during summer heatwaves. This article delves into the causes behind these potential shut-offs, the impact on affected communities, and strategies to mitigate such risks in the future.

Summer Heatwave Challenges

Summer heatwaves bring not only discomfort but also significant challenges to electrical grids, particularly in densely populated urban areas where air conditioning units and cooling systems, along with the data center demand boom, strain the capacity of infrastructure designed to meet peak demand. As temperatures rise, the demand for electricity peaks, pushing power grids to their limits and increasing the likelihood of disruptions.

Vulnerable Populations

The risk of electricity shut-offs disproportionately affects vulnerable populations, including low-income households, seniors, and individuals with medical conditions that require continuous access to electricity for cooling or medical devices. These groups are particularly susceptible to heat-related illnesses and discomfort when faced with more frequent outages during extreme heat events.

Utility Response and Management

Utility companies play a critical role in managing electricity demand and mitigating the risk of shut-offs during summer heatwaves. Strategies such as load shedding, where electricity is temporarily reduced in specific areas to balance supply and demand, and deploying AI for demand forecasting are often employed to prevent widespread outages. Additionally, utilities communicate with customers to provide updates on potential shut-offs and offer advice on energy conservation measures.

Community Resilience

Community resilience efforts are crucial in addressing the challenges posed by summer heatwaves and electricity shut-offs, especially as Canadian grids face harsher weather that heightens outage risks. Local governments, non-profit organizations, and community groups collaborate to establish cooling centers, distribute fans, and provide support services for vulnerable populations during heat emergencies. These initiatives help mitigate the health impacts of extreme heat and ensure that all residents have access to relief from oppressive temperatures.

Long-term Solutions

Investing in resilient infrastructure, enhancing energy efficiency, and promoting renewable energy sources are long-term solutions to reduce the risk of electricity shut-offs during summer heatwaves by addressing grid vulnerabilities that persist. By modernizing electrical grids, integrating smart technologies, and diversifying energy sources, communities can enhance their capacity to withstand extreme weather events and ensure reliable electricity supply year-round.

Public Awareness and Preparedness

Public awareness and preparedness are essential components of mitigating the impact of electricity shut-offs during summer heatwaves. Educating residents about energy conservation practices, encouraging the use of programmable thermostats, and promoting the importance of emergency preparedness plans empower individuals and families to navigate heat emergencies safely and effectively.

Conclusion

As summer heatwaves become more frequent and intense due to climate change impacts on the grid, the risk of electricity shut-offs poses significant challenges to communities across the globe. By implementing proactive measures, enhancing infrastructure resilience, and fostering community collaboration, stakeholders can mitigate the impact of extreme heat events and ensure that all residents have access to safe and reliable electricity during the hottest months of the year.

 

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Electrification Of Vehicles Prompts BC Hydro's First Call For Power In 15 Years

BC Hydro Clean Power Call 2024 seeks utility-scale renewable energy, including wind and solar, to meet rising electricity demand, advance clean goals, expand grid, and support Indigenous participation through competitive procurement and equity opportunities.

 

Key Points

BC Hydro's 2024 bid to add zero-emission wind and solar to meet rising demand and support Indigenous equity.

✅ Competitive procurement for utility-scale wind and solar

✅ Targets 3,000 GWh new greenfield by fiscal 2029

✅ Encourages Indigenous ownership and equity stakes

 

The Government of British Columbia (the Government or Province) has announced that BC Hydro would be moving forward with a call for new sources of 100 percent clean, renewable emission-free electricity, notably including wind and solar, even as nuclear power remains a divisive option among residents. The call, expected to launch in spring 2024, is BC Hydro's first call for power in 15 years and will seek power from larger scale projects.

Over the past decade, British Columbia has experienced a growing economy and population as well as a move by the housing, business and transportation sectors towards electrification, with industrial demand from LNG facilities also influencing load growth. As the Government highlighted in their recent announcement, the number of registered light-duty electric vehicles in British Columbia increased from 5,000 in 2016 to more than 100,000 in 2023. Zero-emission vehicles represented 18.1 percent of new light-duty passenger vehicles sold in British Columbia in 2022, the highest percentage for any province or territory.

Ultimately, the Province now expects electricity demand in British Columbia to increase by 15 percent by 2030. BC Hydro elaborated on the growing need for electricity in their recent Signposts Update to the British Columbia Utilities Commission (BCUC), and noted additions such as new generating stations coming online to support capacity. BC Hydro implemented its Signposts Update process to monitor whether the "Near-term actions" established in its 2021 Integrated Resource Plan continue to be appropriate and align with the changing circumstances in electricity demand. Those actions outline how BC Hydro will meet the electricity needs of its customers over the next 20 years. The original Near-term actions focused on demand-side management and not incremental electricity production.

In its Update, BC Hydro emphasized that increased use of electricity and decreased supply, along with episodes of importing out-of-province fossil power during tight periods, has advanced the forecast of the province's need for additional renewable energy by three years. Accordingly, BC Hydro has updated its 2021 Integrated Resource Plan to, among other things:

accelerate the timing of several Near-term actions on energy efficiency, demand response, industrial load curtailment, electricity purchase agreement renewals and utility-scale batteries; and
add new Near-term actions for BC Hydro to acquire an additional 3,000 GWh per year of new clean, renewable energy from greenfield facilities in the province able to achieve commercial operation as early as fiscal 2029, as well as approximately 700 GWh per year of new clean, renewable energy from existing facilities prior to fiscal 2029.
The Province's predictions align with Canada Energy Regulator's (CER) "Canada's Energy Future 2023" flagship report (Report) released on June 20, 2023. The Report, which looks at Canadians' possible energy futures, includes two long-term scenarios modelled on Canada reaching net-zero by 2050. Under either scenario, the electricity sector is predicted to serve as the cornerstone of the net-zero energy system, with examples such as Hydro-Quebec's decarbonization strategy illustrating this shift as it transforms and expands to accommodate increasing electricity use.

Key Details of the Call
Though not finalized, the call for power will be a competitive process, with the exact details to be designed by BC Hydro and the Province, incorporating input from the recently-formed BC Hydro Task Force made up of Indigenous communities, industry and stakeholders. This is a shift from previous calls for power, which operated as a continuous-intake program with a standing offer at a fixed rate, after projects like the Siwash Creek project were left in limbo.

Drawing on advice from Indigenous and external energy experts, the Province seeks to advance Indigenous ownership and equity interest opportunities in the electricity sector, potentially with minimum requirements for Indigenous participation in new projects to be a condition of the competitive process. The Province has also committed $140 million to the B.C. Indigenous Clean Energy Initiative (BCICEI) to support Indigenous-led power projects and their ability to respond to future electricity demand, facilitating their ability to compete in the call for power, despite their smaller size.

BC Hydro expects to initiate the call in spring 2024, with the goal of acquiring new sources of electricity as early as 2028, even as clean electricity affordability features prominently in Ontario's election discourse.

 

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FortisAlberta Takes Necessary Precautions to Provide Electricity Service for Alberta

FortisAlberta COVID-19 response delivers safe electricity distribution across Alberta, with remote monitoring, 24/7 support, outage alerts, dispersed crews, and business continuity measures to sustain essential services for customers and communities.

 

Key Points

Plan ensuring reliable electricity in Alberta through 24/7 support, remote monitoring, outage alerts, and dispersed crews.

✅ 24/7 customer support via 310-WIRE and mobile app

✅ Remote monitoring and rapid outage restoration

✅ Dispersed crews in 50 communities for faster response

 

As the COVID-19 pandemic continues to evolve in Alberta (and around the world), FortisAlberta is taking the necessary actions and precautions informed by utility disaster planning to protect the health and well-being of its employees and to provide electricity service to its customers. FortisAlberta serves more than half a million customers with the electricity they depend on to take care of their families and community members throughout our province.

"We recognize these are challenging times as while most Albertans are asked to stay home others continue to work in the community to provide essential services, including utility workers in Ontario demonstrating support efforts. As your electricity distribution provider, please be assured you can count on us to do what we do best – provide our customers with safe and reliable electricity service wherever and whenever they need it," says Michael Mosher, FortisAlberta President and CEO.

FortisAlberta is proud to be a part of the communities it serves and commits to keeping the lights on for its customers. The company is providing a full range of services for its customers and has instilled best practices within critical parts of its business. The company's control centre continues to remotely monitor, control, and restore, where possible, the delivery of power across the entire province, including during events such as an Alberta grid alert that stress the system. Early in March, FortisAlberta implemented its business continuity plan and the company remains fully accessible to customers 24/7 by phone at 310-WIRE (9473) or through its mobile app where customers can report outages online or view details of an outage. Customers can also sign up for outage alerts to their mobile phone and/or email address to let them know if an outage does occur.

FortisAlberta's power line employees are geographically dispersed across 50 different communities so they can quickly address any issues that may arise. The company has implemented work from home measures and isolation best practices, and is planning for potential on-site lockdowns where necessary to ensure no disruption to customers.

FortisAlberta will continue to remain in close communication with its stakeholders to provide updates to customers and with industry associations to share guidance specific to the electricity sector, including insights on the evolving U.S. grid response to COVID-19 from peer utilities. FortisAlberta will also continue to invest in and empower its communities by contributing to organizations that offer programs and services aligned with the greatest needs in the communities it serves.

With the Alberta Government's recent announcement to provide relief to eligible Albertans by deferring electricity and gas charges for up to 90 days, similar to some B.C. relief measures being implemented, FortisAlberta is committed to working with stakeholders and retail partners to ensure this option is available to customers quickly and efficiently, and to learn from initiatives like the Hydro One relief fund that support customers.

 

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Tackling climate change with machine learning: Covid-19 and the energy transition

Covid-19 Energy Transition and Machine Learning reshape climate change policy, electricity planning, and grid operations, from demand forecasting and decarbonization strategies in Europe to scalable electrification modeling and renewable integration across Africa.

 

Key Points

How the pandemic reshapes energy policy and how ML improves planning, demand forecasts, and grid reliability in Africa.

✅ Pandemic-driven demand shifts strain grid operations and markets

✅ Policy momentum risks rollback; favor future-oriented decarbonization

✅ ML boosts demand prediction, electrification, and grid reliability in Africa

 

The impact of Covid-19 on the energy system was discussed in an online climate change workshop that also considered how machine learning can help electricity planning in Africa.

This year’s International Conference on Learning Representations event included a workshop held by the Climate Change AI group of academics and artificial intelligence industry representatives, which considered how machine learning can help tackle climate change and highlighted advances by European electricity prediction specialists working in this field.

Bjarne Steffen, senior researcher at the energy politics group at ETH Zürich, shared his insights at the workshop on how Covid-19 and the accompanying economic crisis are affecting recently introduced ‘green’ policies. “The crisis hit at a time when energy policies were experiencing increasing momentum towards climate action, especially in Europe, and in proposals to invest in smarter electricity infrastructure for long-term resilience,” said Steffen, who added the coronavirus pandemic has cast into doubt the implementation of such progressive policies.

The academic said there was a risk of overreacting to the public health crisis, as far as progress towards climate change goals was concerned.

 

Lobbying

“Many interest groups from carbon-intensive industries are pushing to remove the emissions trading system and other green policies,” said Steffen. “In cases where those policies are having a serious impact on carbon-emitting industries, governments should offer temporary waivers during this temporary crisis, instead of overhauling the regulatory structure.”

However, the ETH Zürich researcher said any temptation to impose environmental conditions to bail-outs for carbon-intensive industries should be resisted. “While it is tempting to push a green agenda in the relief packages, tying short-term environmental conditions to bail-outs is impractical, given the uncertainty in how long this crisis will last,” he said. “It is better to include provisions that will give more control over future decisions to decarbonize industries, such as the government taking equity shares in companies.”

Steffen shared with pv magazine readers an article published in Joule which can be accessed here, and which articulates his arguments about how Covid-19 could affect the energy transition.

 

Covid-19 in the U.K.

The electricity system in the U.K. is also being affected by Covid-19, even as the U.S. electric grid grapples with climate risks, according to Jack Kelly, founder of London-based, not-for-profit, greenhouse gas emission reduction research laboratory Open Climate Fix.

“The crisis has reduced overall electricity use in the U.K.,” said Kelly. “Residential use has increased but this has not offset reductions in commercial and industrial loads.”

Steve Wallace, a power system manager at British electricity system operator National Grid ESO recently told U.K. broadcaster the BBC electricity demand has fallen 15-20% across the U.K. The National Grid ESO blog has stated the fall-off makes managing grid functions such as voltage regulation more challenging.

Open Climate Fix’s Kelly noted even events such as a nationally-coordinated round of applause for key workers was followed by a dramatic surge in demand, stating: “On April 16, the National Grid saw a nearly 1 GW spike in electricity demand over 10 minutes after everyone finished clapping for healthcare workers and went about the rest of their evenings.”

Climate Change AI workshop panelists also discussed the impact machine learning could have on improving electricity planning in Africa. The Electricity Growth and Use in Developing Economies (e-Guide) initiative funded by fossil fuel philanthropic organization the Rockefeller Foundation aims to use data to improve the planning and operation of electricity systems in developing countries.

E-Guide members Nathan Williams, an assistant professor at the Rochester Institute of Technology (RIT) in New York state, and Simone Fobi, a PhD student at Columbia University in NYC, spoke about their work at the Climate Change AI workshop, which closed on Thursday. Williams emphasized the importance of demand prediction, saying: “Uncertainty around current and future electricity consumption leads to inefficient planning. The weak link for energy planning tools is the poor quality of demand data.”

Fobi said: “We are trying to use machine learning to make use of lower-quality data and still be able to make strong predictions.”

The market maturity of individual solar home systems and PV mini-grids in Africa mean more complex electrification plan modeling is required, similar to integrating AI data centers into Canada's grids at scale.

 

Modeling

“When we are doing [electricity] access planning, we are trying to figure out where the demand will be and how much demand will exist so we can propose the right technology,” added Fobi. “This makes demand estimation crucial to efficient planning.”

Unlike many traditional modeling approaches, machine learning is scalable and transferable. Rochester’s Williams has been using data from nations such as Kenya, which are more advanced in their electrification efforts, to train machine learning models to make predictions to guide electrification efforts in countries which are not as far down the track.

Williams also discussed work being undertaken by e-Guide members at the Colorado School of Mines, which uses nighttime satellite imagery and machine learning to assess the reliability of grid infrastructure in India, where new algorithms to prevent ransomware-induced blackouts are also advancing.

 

Rural power

Another e-Guide project, led by Jay Taneja at the University of Massachusetts, Amherst – and co-funded by the Energy and Economic Growth program on development spending based at Berkeley – uses satellite imagery to identify productive uses of electricity in rural areas by detecting pollution signals from diesel irrigation pumps.

Though good quality data is often not readily available for Africa, Williams added, it does exist.

“We have spent years developing trusting relationships with utilities,” said the RIT academic. “Once our partners realize the value proposition we can offer, they are enthusiastic about sharing their data … We can’t do machine learning without high-quality data and this requires that organizations can effectively collect, organize, store and work with data. Data can transform the electricity sector, as shown by Canadian projects to use AI for energy savings, but capacity building is crucial.”

 

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Its Electric Grid Under Strain, California Turns to Batteries

California Battery Storage is transforming grid reliability as distributed energy, solar-plus-storage, and demand response mitigate rolling blackouts, replace peaker plants, and supply flexible capacity during heat waves and evening peaks across utilities and homes.

 

Key Points

California Battery Storage uses distributed and utility batteries to stabilize power, shift solar, and curb blackouts.

✅ Supplies flexible capacity during peak demand and heat waves

✅ Enables demand response and replaces gas peaker plants

✅ Aggregated assets form virtual power plants for grid support

 

Last month as a heat wave slammed California, state regulators sent an email to a group of energy executives pleading for help to keep the lights on statewide. “Please consider this an urgent inquiry on behalf of the state,” the message said.

The manager of the state’s grid was struggling to increase the supply of electricity because power plants had unexpectedly shut down and demand was surging. The imbalance was forcing officials to order rolling blackouts across the state for the first time in nearly two decades.

What was unusual about the emails was whom they were sent to: people who managed thousands of batteries installed at utilities, businesses, government facilities and even homes. California officials were seeking the energy stored in those machines to help bail out a poorly managed grid and reduce the need for blackouts.

Many energy experts have predicted that batteries could turn homes and businesses into mini-power plants that are able to play a critical role in the electricity system. They could soak up excess power from solar panels and wind turbines and provide electricity in the evenings when the sun went down or after wildfires and hurricanes, which have grown more devastating because of climate change in recent years. Over the next decade, the argument went, large rows of batteries owned by utilities could start replacing power plants fueled by natural gas.

But that day appears to be closer than earlier thought, at least in California, which leads the country in energy storage. During the state’s recent electricity crisis, more than 30,000 batteries supplied as much power as a midsize natural gas plant. And experts say the machines, which range in size from large wall-mounted televisions to shipping containers, will become even more important because utilities, businesses and homeowners are investing billions of dollars in such devices.

“People are starting to realize energy storage isn’t just a project or two here or there, it’s a whole new approach to managing power,” said John Zahurancik, chief operating officer at Fluence, which makes large energy storage systems bought by utilities and large businesses. That’s a big difference from a few years ago, he said, when electricity storage was seen as a holy grail — “perfect, but unattainable.”

On Friday, Aug. 14, the first day California ordered rolling blackouts, Stem, an energy company based in the San Francisco Bay Area, delivered 50 megawatts — enough to power 20,000 homes — from batteries it had installed at businesses, local governments and other customers. Some of those devices were at the Orange County Sanitation District, which installed the batteries to reduce emissions by making it less reliant on natural gas when energy use peaks.

John Carrington, Stem’s chief executive, said his company would have provided even more electricity to the grid had it not been for state regulations that, among other things, prevent businesses from selling power from their batteries directly to other companies.

“We could have done two or three times more,” he said.

The California Independent System Operator, which manages about 80 percent of the state’s grid, has blamed the rolling blackouts on a confluence of unfortunate events, including extreme weather impacts on the grid that limited supply: A gas plant abruptly went offline, a lack of wind stilled thousands of turbines, and power plants in other states couldn’t export enough electricity. (On Thursday, the grid manager urged Californians to reduce electricity use over Labor Day weekend because temperatures are expected to be 10 to 20 degrees above normal.)

But in recent weeks it has become clear that California’s grid managers also made mistakes last month, highlighting the challenge of fixing California’s electric grid in real time, that were reminiscent of an energy crisis in 2000 and 2001 when millions of homes went dark and wholesale electricity prices soared.

Grid managers did not contact Gov. Gavin Newsom’s office until moments before it ordered a blackout on Aug. 14. Had it acted sooner, the governor could have called on homeowners and businesses to reduce electricity use, something he did two days later. He could have also called on the State Department of Water Resources to provide electricity from its hydroelectric plants.

Weather forecasters had warned about the heat wave for days. The agency could have developed a plan to harness the electricity in numerous batteries across the state that largely sat idle while grid managers and large utilities such as Pacific Gas & Electric scrounged around for more electricity.

That search culminated in frantic last-minute pleas from the California Public Utilities Commission to the California Solar and Storage Association. The commission asked the group to get its members to discharge batteries they managed for customers like the sanitation department into the grid. (Businesses and homeowners typically buy batteries with solar panels from companies like Stem and Sunrun, which manage the systems for their customers.)

“They were texting and emailing and calling us: ‘We need all of your battery customers giving us power,’” said Bernadette Del Chiaro, executive director of the solar and storage association. “It was in a very last-minute, herky-jerky way.”

At the time of blackouts on Aug. 14, battery power to the electric grid climbed to a peak of about 147 megawatts, illustrating how virtual power plants can rapidly scale, according to data from California I.S.O. After officials asked for more power the next day, that supply shot up to as much as 310 megawatts.

Had grid managers and regulators done a better job coordinating with battery managers, the devices could have supplied as much as 530 megawatts, Ms. Del Chiaro said. That supply would have exceeded the amount of electricity the grid lost when the natural gas plant, which grid managers have refused to identify, went offline.

Officials at California I.S.O. and the public utilities commission said they were working to determine the “root causes” of the crisis after the governor requested an investigation.

Grid managers and state officials have previously endorsed the use of batteries, using AI to adapt as they integrate them at scale. The utilities commission last week approved a proposal by Southern California Edison, which serves five million customers, to add 770 megawatts of energy storage in the second half of 2021, more than doubling its battery capacity.

And Mr. Zahurancik’s company, Fluence, is building a 400 megawatt-hour battery system at the site of an older natural gas power plant at the Alamitos Energy Center in Long Beach. Regulators this week also approved a plan to extend the life of the power plant, which was scheduled to close at the end of the year, to support the grid.

But regulations have been slow to catch up with the rapidly developing battery technology.

Regulators and utilities have not answered many of the legal and logistical questions that have limited how batteries owned by homeowners and businesses are used. How should battery owners be compensated for the electricity they provide to the grid? Can grid managers or utilities force batteries to discharge even if homeowners or businesses want to keep them charged up for their own use during blackouts?

During the recent blackouts, Ms. Del Chiaro said, commercial and industrial battery owners like Stem’s customers were compensated at the rates similar to those that are paid to businesses to not use power during periods of high electricity demand. But residential customers were not paid and acted “altruistically,” she said.

 

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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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