Small communities howl over wind turbines

By Toronto Star


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As Innisfil resident Gaye Trombley held a news conference to protest plans for a small wind farm in her fast-growing Ontario community, legendary oil baron T. Boone Pickens unveiled an energy plan calling for wind power to supply 20 per cent of United States electricity needs.

Both messages were clear: the stunning growth in wind power across North America is just getting started, and not everybody is happy about it.

The stage is being set for a battle usually associated with plans to build transmission lines or garbage incinerators. Wind, on the surface, is an easy sell. It doesn't require fuel, farmers can earn revenue by leasing their land and the energy produced is emission-free. Pickens, who made billions as an oil entrepreneur, has wondered publicly why the U.S. didn't get into wind energy earlier.

The 80-year-old oil tycoon plans to spend $10 billion (US) to build the world's largest wind farm in Texas, bringing credibility to a source of renewable energy maligned by some in the fossil-fuel and nuclear industries as uneconomical, unreliable and backed by ill-informed politicians.

Last month, the United Kingdom government approved a plan for 7,000 offshore wind turbines off the British coastline over the next 12 years. Wind projects are sprouting up across rural Ontario and interest is growing in offshore development in the Great Lakes.

But attempts to put more wind power into the province's grid, complicated by a chronic lack of transmission capacity, have been far from smooth.

Trombley, for instance, who operates an organic apple orchard, wants to derail plans by Toronto-based Schneider Power Inc. for a relatively small, five-turbine wind farm along Hwy. 400 south of Barrie.

The project will be a visual distraction in an accident-prone transportation corridor, Trombley argued during a phone interview. The noisy turbines will be too close to residents.

"I'm in favour of all forms of renewable energy that are efficient, effective and safe," said Trombley, chair of the Innisfil Windwatchers Association, a small group of locals who say they support wind energy – they just don't want to see it.

"This is an agricultural area, and there are residents here who aren't in favour of the visibility of five 100-foot turbines in their backyard."

Thomas Schneider, president of Schneider Power, said his company has worked closely with the community and has the support of the Innisfil council and most residents. He said the company tried hard to address legitimate concerns, but has to draw the line somewhere.

"There are two or three highly organized individuals that are putting this show together," he said. "As usual, it's all about change, and people don't like change. The Innisfil Windwatchers... oppose everything."

He said planned sites for the turbines were even changed to accommodate concerns of a small local business that organizes skydiving.

"Wind is great, but only if done right."

Shawn-Patrick Stensil, a renewable energy advocate with Greenpeace Canada, said some developers no doubt need to do a better job working with communities and making sure projects aren't being rammed down peoples' throats. Some locations for wind projects, he agreed, are simply not appropriate.

"A lot has to do with the personality of the developers," he said. "Some of the proponents out there sometimes can act like the old oil and gas companies. The engineering mentality is, we built it, we come, rather than approaching a community with friendly dialogue."

The key, added Stensil, is to move beyond nimbyism, or "Not In My Back Yard," to a more collaborative approach that has communities feeling empowered and actively saying,"Yes, In My Back Yard."

One project facing opposition is the 86-turbine Wolfe Island Wind Project proposed by Canadian Renewable Energy Corp., a division of Calgary-based Canadian Hydro Developers.

Lake Ontario Waterkeeper, the group concerned about the project, says members are "pro-wind" and aren't arguing just for the project to be scrapped.

The group wants the project scaled down slightly – by 15 turbines – to reduce density on the northwest section of the island, where there are sensitive wetlands and species and known bird migration routes.

Musician Sarah Harmer said the original plan for 10 to 20 turbines got community backing.

"Then it bumped up to 46, and then 86 turbines. I think it has really divided people. It's heartbreaking."

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Siemens Energy to unlock a new era of offshore green hydrogen production

Offshore Wind-to-Hydrogen Integration enables green hydrogen by embedding an electrolyzer in offshore turbines. Siemens Gamesa and Siemens Energy align under H2Mare to decarbonize industry, advance the Paris Agreement, and unlock scalable, off-grid renewable production.

 

Key Points

A method integrating electrolyzers into offshore wind turbines to generate green hydrogen and reduce carbon emissions.

✅ Integrated electrolyzer at turbine base for off-grid operation

✅ Enables scalable, cost-efficient green hydrogen production

✅ Supports decarbonization targets under Paris Agreement

 

To reach the Paris Agreement goals, the world will need vast amounts of green hydrogen and, with offshore wind growth accelerating, wind will provide a large portion of the power needed for its production.

Siemens Gamesa and Siemens Energy announced today that they are joining forces combining their ongoing wind-to-hydrogen developments to address one of the major challenges of our decade - decarbonizing the economy to solve the climate crisis.

The companies are contributing with their developments to an innovative solution that fully integrates an electrolyzer into an offshore wind turbine as a single synchronized system to directly produce green hydrogen. The companies intend to provide a full-scale offshore demonstration of the solution by 2025/2026. The German Federal Ministry of Education and Research, reflecting Germany's clean energy progress, announced today that the developments can be implemented as part of the ideas competition 'Hydrogen Republic of Germany'.

'Our more than 30 years of experience and leadership in the offshore wind industry, coupled with Siemens Energy's expertise in electrolyzers, brings together brilliant minds and cutting-edge technologies to address the climate crisis. Our wind turbines play a huge role in the decarbonization of the global energy system, and the potential of wind to hydrogen means that we can do this for hard-to-abate industries too. It makes me very proud that our people are a part of shaping a greener future,' said Andreas Nauen, Siemens Gamesa CEO.

Christian Bruch, CEO of Siemens Energy, explains: 'Together with Siemens Gamesa, we are in a unique position to develop this game changing solution. We are the company that can leverage its highly flexible electrolyzer technology and create and redefine the future of sustainable offshore energy production. With these developments, the potential of regions with abundant offshore wind, such as the UK offshore wind sector, will become accessible for the hydrogen economy. It is a prime example of enabling us to store and transport wind energy, thus reducing the carbon footprint of economy.'

Over a time frame of five years, Siemens Gamesa plans to invest EUR 80 million and Siemens Energy is targeting to invest EUR 40 million in the developments. Siemens Gamesa will adapt its development of the world's most powerful turbine, the SG 14-222 DD offshore wind turbine to integrate an electrolysis system seamlessly into the turbine's operations. By leveraging Siemens Gamesa's intricate knowledge and decades of experience with offshore wind, electric losses are reduced to a minimum, while a modular approach ensures a reliable and efficient operational set-up for a scalable offshore wind-to-hydrogen solution. Siemens Energy will develop a new electrolysis product to not only meet the needs of the harsh maritime offshore environment and be in perfect sync with the wind turbine, but also to create a new competitive benchmark for green hydrogen.

The ultimate fully integrated offshore wind-to-hydrogen solution will produce green hydrogen using an electrolyzer array located at the base of the offshore wind turbine tower, blazing a trail towards offshore hydrogen production. The solution will lower the cost of hydrogen by being able to run off grid, much like solar-powered hydrogen in Dubai showcases for desert environments, opening up more and better wind sites. The companies' developments will serve as a test bed for making large-scale, cost-efficient hydrogen production a reality and will prove the feasibility of reliable, effective implementation of wind turbines in systems for producing hydrogen from renewable energy.

The developments are part of the H2Mare initiative which is a lighthouse project likely to be supported by the German Federal Ministry of Education and Research ideas competition 'Hydrogen Republic of Germany'. The H2mare initiative under the consortium lead of Siemens Energy is a modular project consisting of multiple sub-projects to which more than 30 partners from industry, institutes and academia are contributing. Siemens Energy and Siemens Gamesa will contribute to the H2Mare initiative with their own developments in separate modular building blocks.

About hydrogen and its role in the green energy transition

Currently 80 million tons of hydrogen are produced each year and production is expected to increase by about 20 million tons by 2030. Just 1% of that hydrogen is currently generated from green energy sources. The bulk is obtained from natural gas and coal, emitting 830 million tons of CO2 per year, more than the entire nation of Germany or the global shipping industry. Replacing this current polluting consumption would require 820 GW of wind generating capacity, 26% more than the current global installed wind capacity. Looking further ahead, many studies suggest that by 2050 production will have grown to about 500 million tons, with a significant shift to green hydrogen already signaled by projects like Brazil's green hydrogen plant now underway. The expected growth will require between 1,000 GW and 4,000 GW of renewable capacity by 2050 to meet demand, and in the U.S. initiatives like DOE hydrogen hubs aim to catalyze this build-out, which highlights the vast potential for growth in wind power.

 

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Why Is Central Asia Suffering From Severe Electricity Shortages?

Central Asia power shortages strain grids across Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, and Turkmenistan, driven by drought-hit hydropower, aging coal and gas plants, rising demand, cryptomining loads, and winter peak consumption risks.

 

Key Points

Regionwide blackouts from drought, aging plants and grids, rising demand, and winter peaks stressing Central Asia.

✅ Drought slashes hydropower in Kyrgyzstan, Tajikistan, Uzbekistan

✅ Aging coal and gas TPPs and weak grids cause frequent outages

✅ Cryptomining loads and winter heating spike demand and stress supply

 

Central Asians from western Kazakhstan to southern Tajikistan are suffering from power and energy shortages that have caused hardship and emergency situations affecting the lives of millions of people.

On October 14, several units at three power plants in northeastern Kazakhstan were shut down in an emergency that resulted in a loss of more than 1,000 megawatts (MW) of electricity.

It serves as an example of the kind of power failures that plague the region 30 years after the Central Asian countries gained independence and despite hundreds of millions of dollars being invested in energy infrastructure and power grids, and echo risks seen in other advanced markets such as Japan's near-blackouts during recent cold snaps.

Some of the reasons for these problems are clear, but with all the money these countries have allocated to their energy sectors and financial help they have received from international financial institutions, it is curious the situation is already so desperate with winter officially still weeks away.


The Current Problems
Three power plants were affected in the October 14 shutdowns of units: Ekibastuz-1, Ekibastuz-2, and the Aksu power plant.

Ekibastuz-1 is the largest power plant in Kazakhstan, capable of generating some 4,000 MW, roughly 13 percent of Kazakhstan’s total power output.

The Kazakhstan Electricity Grid Operating Company (KEGOC) explained the problems resulted partially from malfunctions and repair work, but also from overuse of the system that the government would later say was due to cryptominers, a large number of whom have moved to Kazakhstan recently from China after Beijing banned the mining needed by Bitcoin and other cryptocurrencies, amid its own China's power cuts across several provinces in 2021.

But between November 8 and 9, rolling blackouts were reported in the East Kazakhstan, North Kazakhstan, and Kyzylorda provinces, as well as the area around Almaty, Kazakhstan’s biggest city, and Shymkent, its third largest city.

People in Uzbekistan say they, too, are facing blackouts that the Energy Ministry described as “short-term outages,” even as authorities have looked to export electricity to Afghanistan to support regional demand, though it has been clear for several weeks that the country will have problems with natural gas supplies this winter.


Power lines in Uzbekistan
Kyrgyz President Sadyr Japarov continues to say there won't be any power rationing in Kyrgyzstan this winter, but at the end of September the National Energy Holding Company ordered “restrictions on the lighting of secondary streets, advertisements, and facades of shops, cafes, and other nonresidential customers.”

Many parts of Tajikistan are already experiencing intermittent supplies of electricity.

Even in Turkmenistan, a country with the fourth-largest reserves of natural gas in the world, there were reports of problems with electricity and heating in the capital, Ashgabat.


What Is Going On?
The causes of some of these problems are easy to see.

The population of the region has grown significantly, with the population of Central Asia when the Soviet Union collapsed in late 1991 being some 50 million and today about 75 million.

Kyrgyzstan and Tajikistan are mountainous countries that have long been touted for their hydropower potential and some 90 percent of Kyrgyzstan’s domestically produced electricity and 98 percent of Tajikistan’s come from hydropower.

But a severe drought that struck Central Asia this year has resulted in less hydropower and, in general, less energy for the region, similar to constraints seen in Europe's reduced hydro and nuclear output this year.

Tajik authorities have not reported how low the water in the country’s key reservoirs is, but Kyrgyzstan has reported the water level in the reservoir at its Toktogul hydropower plant (HPP) is 11.8 billion cubic meters (bcm), the lowest level in years and far less than the 14.7 bcm of water it had in November 2020.

The Toktogul HPP, with an installed capacity of 1,200 MW, provides some 40 percent of the country's domestically produced electricity, but operating the HPP this winter to generate desperately needed energy brings the risk of leaving water levels at the reservoir critically low next spring and summer when the water is also needed for agricultural purposes.

This year’s drought is something Kyrgyzstan and Tajikistan will have to take into consideration as they plan how to provide power for their growing populations in the future. Hydropower is a desirable option but may be less reliable with the onset of climate change, prompting interest in alternatives such as Ukraine's wind power to diversify generation.

Uzbekistan is also feeling the effects of this year’s drought, and, like the South Caucasus where Georgia's electricity imports have increased, supply shortfalls are testing grids.

According to the International Energy Agency, HPPs account for some 12 percent of Uzbekistan’s generating capacity.

Uzbekistan’s Energy Ministry attributed low water levels at HPPs that have caused a 23 percent decrease in hydropower generation this year.


A reservoir in Kyrgyzstan
Kazakhstan and Uzbekistan are the most populous Central Asian countries, and both depend on thermal power plants (TPP) for generating most of their electricity.

Most of the TPPs in Kazakhstan are coal-fired, while most of the TPPs in Uzbekistan are gas-fired.

Kazakhstan has 68 power plants, 80 percent of which are coal-fired TPPs, and most are in the northern part of the country where the largest deposits of coal are located. Kazakhstan has the world's 10th largest reserves of coal.

About 88 percent of Uzbekistan’s electricity comes from TTPs, most of which use natural gas.

Uzbekistan’s proven reserves are some 800 billion cubic meters, but gas production in Uzbekistan has been decreasing.

In December 2020, Uzbek President Shavkat Mirziyoev ordered a halt to the country’s gas exports and instructed that gas to be redirected for domestic use. Mirziyoev has already given similar instructions for this coming winter.


How Did It Come To This?
The biggest problem with the energy infrastructure in Central Asia is that it is generally very old. Nearly all of its power plants date back to the Soviet era -- and some well back into the Soviet period.

The use of power plants and transmission lines that some describe as “obsolete” and a few call “decrepit” has unfortunately been a necessity in Central Asia, even as regional players pursue new interconnections like Iran's plan to transmit electricity to Europe as a power hub.

Reporting on Kazakhstan in September 2016, the Asian Development Bank (ADB) said, “70 percent of the power generation infrastructure is in need of rehabilitation.”

The Ekibastuz-1 TPP is relatively new by the power-plant standards of Central Asia. The first unit of the eight units of the TPP was commissioned in 1980.

The first unit at the AKSU TPP was commissioned in 1968, and the first unit of the gas- and fuel-fired TPP in southern Kazakhstan’s Zhambyl Province was commissioned in 1967.

 

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Hydro Quebec to increase hydropower capacity to more than 37,000 MW in 2021

Hydro Quebec transmission expansion aims to move surplus hydroelectric capacity from record reservoirs to the US grid via new interties, increasing exports to New England and New York amid rising winter peak demand.

 

Key Points

A plan to add capacity and intertie links to export surplus hydro power from Quebec's reservoirs to the US grid.

✅ 245 MW added in 2021; portfolio reaches 37,012 MW

✅ Reservoirs at unprecedented levels; export potential high

✅ Lacks US transmission; working on new interties

 

Hydro Quebec plans to add an incremental 245 MW of hydro-electric generation capacity in 2021 to its expansive portfolio in the north of the province, while Quebec authorized nearly 1,000 MW for industrial projects across the region, bringing the total capacity to 37,012 MW, an official said Friday

Quebec`s highest peak demand of 39,240 MW occurred on January 22, 2014.

A little over 75% of Quebec`s population heat their homes with electricity, Sutherland said, aligning with Hydro Quebec's strategy to wean the province off fossil fuels over time.

The province-owned company produced 205.1 TWh of power in 2017 and its net exports were 34.4 TWh that year, while Ontario chose not to renew a power deal in a separate development.

Sutherland said Hydro Quebec`s reservoirs are currently at "unprecedented levels" and the company could export more of its electricity to New England and New York, but faces transmission constraints that limit its ability to do so.

Hydro Quebec is working with US transmission developers, electric distribution companies, independent system operators and state government agencies to expand that transmission capacity in order to delivery more power from its hydro system to the US, Sutherland said.

Separately, NB Power signed three deals to bring more Quebec electricity into the province, reflecting growing regional demand.

The last major intertie connection between Quebec and the US was completed close to 30 years ago. The roughly 2,000 MW capacity transmission line that connects into the Boston area was completed in the late 1990s, according to Hydro Quebec spokeswoman Lynn St-Laurent.

 

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On the road to 100 per cent renewables

US Climate Alliance 100% Renewables 2035 accelerates clean energy, electrification, and decarbonization, replacing coal and gas with wind, solar, and storage to cut air pollution, lower energy bills, create jobs, and advance environmental justice.

 

Key Points

A state-level target for alliance members to meet all electricity demand with renewable energy by 2035.

✅ 100% RES can meet rising demand from electrification

✅ Major health gains from reduced SO2, NOx, and particulates

✅ Jobs grow, energy burdens fall, climate resilience improves

 

The Union of Concerned Scientists joined with COPAL (Minnesota), GreenRoots (Massachusetts), and the Michigan Environmental Justice Coalition, to better understand the feasibility and implications of leadership states meeting 100 percent of their electricity needs with renewable energy by 2035, a target reflected in federal clean electricity goals under discussion today.

We focused on 24 member states of the United States Climate Alliance, a bipartisan coalition of governors committed to the goals of the 2015 Paris Climate Agreement. We analyzed two main scenarios: business as usual versus 100 percent renewable electricity standards, in line with many state clean energy targets now in place.

Our analysis shows that:

Climate Alliance states can meet 100 percent of their electricity consumption with renewable energy by 2035, as independent assessments of zero-emissions feasibility suggest. This holds true even with strong increases in demand due to the electrification of transportation and heating.

A transition to renewables yields strong benefits in terms of health, climate, economies, and energy affordability.

To ensure an equitable transition, states should broaden access to clean energy technologies and decision making to include environmental justice and fossil fuel-dependent communitieswhile directly phasing out coal and gas plants.

Demands for climate action surround us. Every day brings news of devastating "this is not normal" extreme weather: record-breaking heat waves, precipitation, flooding, wildfires. To build resilience and mitigate the worst impacts of the climate crisis requires immediate action to reduce heat-trapping emissions and transition to renewable energy, including practical decarbonization strategies adopted by states.

On the Road to 100 Percent Renewables explores actions at one critical level: how leadership states can address climate change by reducing heat-trapping emissions in key sectors of the economy as well as by considering the impacts of our energy choices. A collaboration of the Union of Concerned Scientists and local environmental justice groups COPAL (Minnesota), GreenRoots (Massachusetts), and the Michigan Environmental Justice Coalition, with contributions from the national Initiative for Energy Justice, assessed the potential to accelerate the use of renewable energy dramatically through state-level renewable electricity standards (RESs), major drivers of clean energy in recent decades. In addition, the partners worked with Greenlink Analytics, an energy research organization, to assess how RESs most directly affect people's lives, such as changes in public health, jobs, and energy bills for households.

Focusing on 24 members of the United States Climate Alliance (USCA), the study assesses the implications of meeting 100 percent of electricity consumption in these states, including examples like Rhode Island's 100% by 2030 plan that inform policy design, with renewable energy in the near term. The alliance is a bipartisan coalition of governors committed to reducing heat-trapping emissions consistent with the goals of the 2015 Paris climate agreement.[1]

On the Road to 100 Percent Renewables looks at three types of results from a transition to 100 percent RES policies: improvements in public health from decreasing the use of coal and gas2 power plants; net job creation from switching to more labor-oriented clean energy; and reduced household energy bills from using cleaner sources of energy. The study assumes a strong push to electrify transportation and heating to address harmful emissions from the current use of fossil fuels in these sectors. Our core policy scenario does not focus on electricity generation itself, nor does it mandate retiring coal, gas, and nuclear power plants or assess new policies to drive renewable energy in non-USCA states.

Our analysis shows that:

USCA states can meet 100 percent of their electricity consumption with renewable energy by 2035 even with strong increases in demand due to electrifying transportation and heating.

A transition to renewables yields strong benefits in terms of health, climate, economies, and energy affordability.

Renewable electricity standards must be paired with policies that address not only electricity consumption but also electricity generation, including modern grid infrastructure upgrades that enable higher renewable shares, both to transition away from fossil fuels more quickly and to ensure an equitable transition in which all communities experience the benefits of a clean energy economy.

Currently, the states in this analysis meet their electricity needs with differing mixes of electricity sourcesfossil fuels, nuclear, and renewables. Yet across the states, the study shows significant declines in fossil fuel use from transitioning to clean electricity; the use of solar and wind powerthe dominant renewablesgrows substantially:

In the study's "No New Policy" scenario"business as usual"coal and gas generation stay largely at current levels over the next two decades. Electricity generation from wind and solar grows due to both current policies and lowest costs.

In a "100% RES" scenario, each USCA state puts in place a 100 percent renewable electricity standard. Gas generation falls, although some continues for export to non-USCA states. Coal generation essentially disappears by 2040. Wind and solar generation combined grow to seven times current levels, and three times as much as in the No New Policy scenario.

A focus on meeting in-state electricity consumption in the 100% RES scenario yields important outcomes. Reductions in electricity from coal and gas plants in the USCA states reduce power plant pollution, including emissions of sulfur dioxide and nitrogen oxides. By 2040, this leads to 6,000 to 13,000 fewer premature deaths than in the No New Policy scenario, as well as 140,000 fewer cases of asthma exacerbation and 700,000 fewer lost workdays. The value of the additional public health benefits in the USCA states totals almost $280 billion over the two decades. In a more detailed analysis of three USCA statesMassachusetts, Michigan, and Minnesotathe 100% RES scenario leads to almost 200,000 more added jobs in building and installing new electric generation capacity than the No New Policy scenario.

The 100% RES scenario also reduces average energy burdens, the portion of household income spent on energy. Even considering household costs solely for electricity and gas, energy burdens in the 100% RES scenario are at or below those in the No New Policy scenario in each USCA state in most or all years. The average energy burden across those states declines from 3.7 percent of income in 2020 to 3.0 percent in 2040 in the 100% RES scenario, compared with 3.3 percent in 2040 in the No New Policy scenario.

Decreasing the use of fossil fuels through increasing the use of renewables and accelerating electrification reduces emissions of carbon dioxide (CO2), with implications for climate, public health, and economies. Annual CO2 emissions from power plants in USCA states decrease 58 percent from 2020 to 2040 in the 100% RES scenario compared with 12 percent in the No New Policy scenario.

The study also reveals gaps to be filled beyond eliminating fossil fuel pollution from communities, such as the persistence of gas generation to sell power to neighboring states, reflecting barriers to a fully renewable grid that policy must address. Further, it stresses the importance of policies targeting just and equitable outcomes in the move to renewable energy.

Moving away from fossil fuels in communities most affected by harmful air pollution should be a top priority in comprehensive energy policies. Many communities continue to bear far too large a share of the negative impacts from decades of siting the infrastructure for the nation's fossil fuel power sector in or near marginalized neighborhoods. This pattern will likely persist if the issue is not acknowledged and addressed. State policies should mandate a priority on reducing emissions in communities overburdened by pollution and avoiding investments inconsistent with the need to remove heat-trapping emissions and air pollution at an accelerated rate. And communities must be centrally involved in decisionmaking around any policies and rules that affect them directly, including proposals to change electricity generation, both to retire fossil fuel plants and to build the renewable energy infrastructure.

Key recommendations in On the Road to 100 Percent Renewables address moving away from fossil fuels, increasing investment in renewable energy, and reducing CO2 emissions. They aim to ensure that communities most affected by a history of environmental racism and pollution share in the benefits of the transition: cleaner air, equitable access to good-paying jobs and entrepreneurship alternatives, affordable energy, and the resilience that renewable energy, electrification, energy efficiency, and energy storage can provide. While many communities can benefit from the transition, strong justice and equity policies will avoid perpetuating inequities in the electricity system. State support to historically underserved communities for investing in solar, energy efficiency, energy storage, and electrification will encourage local investment, community wealth-building, and the resilience benefits the transition to renewable energy can provide.

A national clean electricity standard and strong pollution standards should complement state action to drive swift decarbonization and pollution reduction across the United States. Even so, states are well positioned to simultaneously address climate change and decades of inequities in the power system. While it does not substitute for much-needed national and international leadership, strong state action is crucial to achieving an equitable clean energy future.

 

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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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Alberta Ends Moratorium on Renewable Energy Projects

Alberta Ends Renewable Energy Moratorium, accelerating wind and solar deployment while prioritizing grid stability, reliability, and infrastructure upgrades to attract investment, cut emissions, meet climate targets, and integrate renewables into the provincial power system.

 

Key Points

It is Alberta's decision to lift a pause on new wind and solar projects while enhancing grid reliability.

✅ Resumes wind and solar development across Alberta.

✅ Focuses on grid stability and infrastructure upgrades.

✅ Aims to attract investment and meet climate targets.

 

The Alberta government has announced the end of a temporary suspension on the development of new renewable energy projects, as the power grid operator prepares to accept green energy bids across the market. This pause, which had been in place since May 2023, was initially implemented to evaluate the effects of rapid growth in renewable energy installations on the province's power grid and overall energy system. However, the decision to lift the moratorium reflects a shift in the government’s approach to balancing energy needs and environmental goals.

The suspension was introduced amid concerns that the swift expansion of wind and solar energy projects, including documented challenges with solar energy expansion in the province, could place undue stress on Alberta's electrical grid and infrastructure. Officials expressed worries about the ability of the grid to handle the increased load and the potential need for upgrades to accommodate new renewable energy sources. The government aimed to assess the implications of this growth and determine appropriate measures to ensure that the energy system could support both existing and future demands.

The moratorium drew significant criticism from various sectors, including renewable energy companies, environmental advocates, and local communities. Critics argued that the pause was detrimental to Alberta's efforts to transition to cleaner energy sources and meet climate targets, citing cases like TransAlta scrapping a wind farm amid policy uncertainty. They pointed out that halting projects could delay investments and job creation associated with the renewable energy sector, potentially impeding progress towards a more sustainable energy future.

In response to these concerns, the Alberta government conducted further reviews and consultations. The decision to cancel the pause reflects the government’s recognition of the importance of advancing renewable energy initiatives while also addressing the need for grid stability and infrastructure development. By ending the moratorium, the government aims to support the continued growth of renewable energy projects and maintain momentum in the shift towards greener energy solutions.

The lifting of the moratorium is expected to have a positive impact on the renewable energy industry in Alberta. Several planned projects that were put on hold can now proceed, leading to renewed investment and economic benefits, including a renewable energy surge that could power 4,500 jobs across the province. The government’s decision signals a commitment to integrating renewable energy sources into the provincial grid in a way that ensures both reliability and sustainability.

Going forward, the Alberta government plans to implement measures to better manage the integration of renewable energy into the existing power infrastructure. This includes addressing any potential challenges related to grid capacity and ensuring that the growth of renewable energy projects aligns with the province's overall energy strategy, as recent federal procurement such as a $500M green electricity contract with an Edmonton company underscores demand that integration efforts must accommodate. The goal is to create a balanced approach that supports the development of clean energy while maintaining the stability and efficiency of the energy system.

The end of the moratorium aligns with Alberta’s broader objectives to reduce greenhouse gas emissions and promote environmental sustainability within a province recognized as a powerhouse for both green energy and fossil fuels in Canada. The government’s approach reflects a willingness to adapt policies and strategies in response to evolving industry needs and environmental priorities. By removing the pause, Alberta demonstrates its commitment to fostering a diverse and resilient energy sector that can meet both current and future demands.

The decision to cancel the moratorium is also seen as a move to reinforce Alberta’s position as a leader in renewable energy development. With the lifting of restrictions, the province can continue to attract investment in clean energy projects, as neighboring jurisdictions such as B.C. streamline clean energy approvals to accelerate deployment, enhance its reputation as a progressive energy market, and contribute to global efforts to address climate change.

In summary, the Alberta government’s decision to lift the pause on renewable energy projects represents a significant shift in its approach to energy policy. The move reflects an acknowledgment of the importance of advancing renewable energy while addressing the practical challenges associated with grid management and infrastructure development. By ending the moratorium, Alberta aims to support the growth of clean energy initiatives and maintain its commitment to sustainability and environmental responsibility.

 

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