New York opens first EV charging station

By Associated Press


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In an effort to encourage New York City residents to choose environmentally friendly ways to travel, the city unveiled its first electric car charging station and says more will be placed throughout the city.

Mayor Michael Bloomberg, joined by Housing and Urban Development Secretary Shaun Donovan, demonstrated how to use the public car charging station installed on a Manhattan parking lot.

"The electric vehicle is not just a pipe dream or a scene from the Jetsons," Bloomberg said. "It is here and it is here right now."

He said 100 similar charging stations will be installed throughout the city by September 2011. The city already uses 10 electric cars to check for potholes and other street problems, and plans to buy about 40 more to be used by the parks and transportation departments.

Charging an electric car is similar to pumping gas. After tapping a special payment card on the front of the machine, simply insert a pump into the car.

Coulumb Technologies, based in Campbell, California, received $15 million of federal economic stimulus money to make the chargers.

Richard Lowenthal, the company's CEO, said 4,600 chargers will be installed across the country by September 2011.

A car with a fully drained battery can be charged in less than four hours, Lowenthal said. The cost to charge a car would be determined by the company that maintains the station, he said. The first charging station in Manhattan's far West side will be free for a month.

There are different kinds of electric cars. Some, like Nissan's Leaf, are purely electric, using just a rechargeable battery for power. The Chevrolet Volt by General Motors also has a battery but includes a small gas-powered engine that creates electricity when the battery charge runs out after 40 miles. Other models are plug-in hybrids with engines that get power from both batteries and gas. But the common feature is that the vehicles can be recharged using a power cord and a plug.

Rebecca Lindland, an analyst with IHS automotive, said electric cars may not be good for everyone because they cannot be driven long distances.

"Some people are really uncomfortable with the idea that you're only going to be able to go 100 miles round trip," Lindland said. "The typical car has a 300-mile range. That's what people are used to."

Donovan said spending money to build electric cars will help create new jobs and allow the country to keep up with competitors outside the U.S.

He said stimulus funds are not just for supporting jobs in existing industries, "but also about catalyzing the new jobs in new industries that our nation needs to compete in the 21st century."

The White House plans to promote its work to develop electric cars, dispatching administration officials across the nation to discuss advanced batteries and new vehicles powered by electricity.

President Barack Obama, who is pushing clean energy, has vowed to bring 1 million plug-in hybrid vehicles to U.S. highways by 2015, and his administration has set aside billions of stimulus dollars to bolster U.S. battery manufacturers.

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West Coast consumers won't benefit if Trump privatizes the electrical grid

BPA Privatization would sell the Bonneville Power Administration's transmission lines, raising FERC-regulated grid rates for ratepayers, impacting hydropower and the California-Oregon Intertie under the Trump 2018 budget proposal in the Pacific Northwest region.

 

Key Points

Selling Bonneville's transmission grid to private owners, raising rates and returns, shifting costs to ratepayers.

✅ Trump 2018 budget targets BPA transmission assets for sale.

✅ Higher capital costs, taxes, and profit would raise transmission rates.

✅ California-Oregon Intertie and hydropower flows face price impacts.

 

President Trump's 2018 budget proposal is so chock-full of noxious elements — replacing food stamps with "food boxes," drastically cutting Medicaid and Medicare, for a start — that it's unsurprising that one of its most misguided pieces has slipped under the radar.

That's the proposal to privatize the government-owned Bonneville Power Administration, which owns about three-quarters of the high-voltage electric transmission lines in a region that includes California, Washington state and Oregon, serving more than 13.5 million customers. By one authoritative estimate, any such sale would drive up the cost of transmission by 26%-44%.

The $5.2-billon price cited by the Trump administration, moreover, is nearly 20% below the actual value of the Bonneville grid — meaning that a private buyer would pocket an immediate windfall of $1.2 billion, at the expense of federal taxpayers and Bonneville customers.

Trump's plan for Portland, Ore.-based Bonneville is part of a larger proposal to sell off other government-owned electricity bodies, including the Colorado-based Western Area Power Administration and the Oklahoma-based Southwestern Power Administration. But Bonneville is by far the largest of the three, accounting for nearly 90% of the total $5.8 billion the budget anticipates collecting from the sales. The proposal is also part of the administration's

Both plans are said to be politically dead-on-arrival in Washington. But they offer a window into the thinking in the Trump White House.

"The word 'muddle' comes to mind," says Robert McCullough, a respected Portland energy consultant, referring to the justification for the privatization sale included in the Trump budget.

The White House suggests that selling the Bonneville grid would result in lower costs. But that narrative, McCullough wrote in a blistering assessment of the proposal, "displays a severe lack of understanding about the process of setting transmission rates."

McCullough's assessment is an update of a similar analysis he performed when the privatization scheme was first raised by the Trump administration last year. In that analysis issued in June, McCullough said the proposal "raises the question of why these valuable assets would be sold at a discount — and who would get the benefit of the discounted price."

The implications of a sale could be dire for Californians. Bonneville is the majority owner of the California-Oregon Intertie, an electrical transmission system that carries power, including Columbia River-generated hydropower and other clean-energy generation in British Columbia that supports the regional exchange, south to California in the summer and excess California generation to the Pacific Northwest in the winter.

But the idea has drawn fire throughout the region. When it was first broached last year, the Public Power Council, an association of utilities in the Northwest, assailed it as an apparent "transfer of value from the people of the Northwest to the U.S. Treasury," drawing parallels to Manitoba Hydro governance issues elsewhere.

The region's political leaders had especially harsh words for the idea this time around. "Oregonians raised hell last year when Trump tried to raise power bills for Pacific Northwesterners by selling off Bonneville Power, and yet his administration is back at it again," Sen. Ron Wyden (D-Ore.) said after the idea reappeared. "Our investment shouldn't be put up for sale to free up money for runaway military spending or tax cuts for billionaires." Sen. Maria Cantwell (D-Wash.) promised in a statement to work to "stop this bad idea in its tracks."

The notion of privatizing Bonneville predates the Trump administration; it was raised by Bill Clinton and again by George W. Bush, who thought the public would gain if the administration could sell its power at market rates. Both initiatives failed.

The same free-enterprise ideology underlies the Trump proposal. Privatizing the transmission lines "encourages a more efficient allocation of economic resources and mitigates unnecessary risk to taxpayers," the budget asserts. "Ownership of transmission assets is best carried out by the private sector where there are appropriate market and regulatory incentives."

But that's based on a misunderstanding of how transmission rates are set, McCullough says. Transmission is essentially a monopoly enterprise, with rates overseen by the Federal Energy Regulatory Commission based on the grid's costs, and with federal scrutiny of public utilities such as the TVA underscoring that oversight. There's very little in the way of market "incentives" involved in transmission, since no one has come forward to build a competing grid.

Those include the owners' cost of capital — which would be much higher for a private owner than a government agency, McCullough observes, as Hydro One investor uncertainty demonstrates in practice. A private owner, unlike the government-owned Bonneville, also would owe federal income taxes, which would be passed on to consumers.

Then there's the profit motive. Bonneville "currently sells and delivers its power at cost," McCullough wrote last year. "Under a private regime, an investor-owned utility would likely charge a higher rate of return, a pattern seen when UK network profits drew regulatory rebukes."

None of these considerations appears to have been factored into the White House budget proposal. "Either there's an unsophisticated person at the Office of Management and Budget thinking up these numbers himself," McCullough told me, "or there would seem to be ongoing negotiations with an unidentified third party." No such buyer has emerged in the past, however.

What's left is a blind faith in the magic of the market, compounded by ignorance about how the transmission market operates. Put it together, and there's reason to wonder if Trump is even serious about this plan.

 

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Ukraine has electricity reserves, no more outages planned if no new strikes

Ukraine Electricity Outages may pause as the grid stabilizes, with energy infrastructure repairs, generators, and reserves supporting supply; officials cite no rationing absent new Russian strikes, while Odesa networks recover and Ukrenergo completes restoration works.

 

Key Points

Planned power cuts in Ukraine paused as grid capacity, repairs, and reserves improve, barring new strikes.

✅ No rationing if Russia halts strikes on energy infrastructure

✅ Grid repairs and reserves meet demand for third straight week

✅ Odesa networks restored; Ukrenergo crews redeploy to repairs

 

Ukraine plans no more outages to ration electricity if there are no new strikes and has been able to amass some power reserves, the energy minister said on Saturday, as it continues to keep the lights on despite months of interruptions caused by Russian bombings.

"Electricity restrictions will not be introduced, provided there are no Russian strikes on infrastructure facilities," Energy Minister Herman Halushchenko said in remarks posted on the ministry's Telegram messaging platform.

"Outages will only be used for repairs."

After multiple battlefield setbacks and scaling down its troop operation to Ukraine's east and south, Russia in October began bombing the country's energy infrastructure, as winter loomed over the battlefront, leaving millions without power and heat for days on end.

The temperature in winter months often stays below freezing across most of Ukraine. Halushchenko said this heating season has been extremely difficult.

"But our power engineers managed to maintain the power system, and for the third week in a row, electricity generation has ensured consumption needs, we have reserves," Halushchenko said.

Ukraine, which does not produce power generators itself, has imported and received thousands of them over the past few years, with the U.S. pledging a further $10 billion on Friday to aid Kyiv's energy needs, despite ended grid restoration support reported earlier.

Separately, the chief executive of state grid operator Ukrenergo, Volodymyr Kudrytskyi, said that repair works on the damaged infrastructure in the city of Odesa suffered earlier this month, has been finished, highlighting how Ukraine has even helped Spain amid blackouts while managing its own network challenges.

"Starting this evening, there is more light in Odesa," Kudrytskyi wrote on his Facebook page. "The crews that worked on restoring networks are moving to other facilities."

A Feb. 4 fire that broke out at an overloaded power station left hundreds of thousands of residents without electricity, prompting many to adopt new energy solutions to cope with outages.

 

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Why Canada's Energy Security Hinges on Renewables

Renewable Energy Security strengthens affordability and grid reliability through electrification, wind, and solar, reducing fossil fuel volatility exposed by the Ukraine crisis, aligning with IEA guidance and the Paris Agreement to deliver resilient, low-cost power.

 

Key Points

Renewable energy security is reliable, affordable power from electrification, wind and solar, cutting fossil fuel risk.

✅ Wind and solar now outcompete gas for new power capacity.

✅ Diversifies supply and reduces fossil price volatility.

✅ Requires grid flexibility, storage, and demand response.

 

Oil, gas, and coal have been the central pillar of the global energy system throughout the 20th century. And for decades, these fossil fuels have been closely associated with energy security.  

The perception of energy security, however, is rapidly changing. Renewables form an increasing share of energy sectors worldwide as countries look to deliver on the Paris Agreement and mitigate the effects of climate change, with IEA clean energy investment now significantly outpacing fossil fuels. Moreover, Russia’s invasion of Ukraine has demonstrated how relying on fossil fuels for power, heating, and transport has left many countries vulnerable or energy insecure.  

The International Energy Agency (IEA) defines energy security as “the uninterrupted availability of energy sources at an affordable price” (IEA, 2019a). This definition hardly describes today’s global energy situation, with the cancellation of natural gas deliveries and skyrocketing prices for oil and gas products, and with supply chain challenges in clean energy that also require attention. These circumstances have cascading effects on electricity prices in countries like the United Kingdom that rely heavily on natural gas to produce electricity. In Europe, energy insecurity has been even further amplified since the Russian corporation Gazprom recently cut off gas supplies to several countries.  

As a result, energy security has gained new urgency in Canada and worldwide, creating opportunities in the global electricity market for Canada. Recent events provide a stark reminder of the volatility and potential vulnerability of global fossil fuel markets and supply chains. Even in Canada, as one of the largest producers of oil and gas in the world, the price of fuels depends on global and regional market forces rather than government policy or market design. Thus, the average monthly price for gasoline in Canada hit a record high of CAD 2.07 per litre in May 2022 (Figure 1), and natural gas prices surged to a record CAD 7.54 per MMBtu in May 2022 (Figure 2).  

Energy price increases of this magnitude are more than enough to strain Canadian household budgets. But on top of that, oil and gas prices have accelerated inflation more broadly as it has become more expensive to produce, transport, and store goods, including food and other basic commodities (Global News, 2022).  

 

Renewable Energy Is More Affordable 

In contrast to oil and gas, renewable energy can reliably deliver affordable energy, as shown by falling wholesale electricity prices in markets with growing clean power. This is a unique and positive aspect of today’s energy crisis compared to historical crises: options for electrification and renewable-based electricity systems are both available and cost-effective.  

For new power capacity, wind and solar are now cheaper than any other source, and wind power is making gains as a competitive source in Canada. According to Equinor (2022), wind and solar were already cheaper than gas-based power in 2020. This means that renewable energy was already the cheaper option for new power before the recent natural gas price spikes. As illustrated in Figure 3, the cost of new renewable energy has dropped so dramatically that, for many countries, it is cheaper to install new solar or wind infrastructure than to keep operating existing fossil fuel-based power plants (International Renewable Energy Agency, 2021). This means that replacing fossil-based electricity generation with renewables would save money and reduce emissions. Wind and solar prices are expected to continue their downward trends as more countries increase deployment and learn how to best integrate these sources into the grid. 

 

Renewable Energy Is Reliable 

To deliver on the uninterrupted availability side of the energy security equation, renewable power must remain reliable even as more variable energy sources, like wind and solar, are added to the system, and regional leaders such as the Prairie provinces will help anchor this transition. For Canada and other countries to achieve high energy security through electrification, grid system operations must be able to support this, and pathways to zero-emissions electricity by 2035 are feasible.  

 

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'Net Zero' Emissions Targets Not Possible Without Multiple New Nuclear Power Stations, Say Industry Leaders

UK Nuclear Power Expansion is vital for low-carbon baseload, energy security, and Net Zero, complementing renewables like wind and solar, reducing gas reliance, and unlocking investment through clear financing rules and proven, dependable reactor technology.

 

Key Points

Accelerating reactor build-out for low-carbon baseload to boost energy security and help deliver the UK Net Zero target.

✅ Cuts gas dependence and stabilizes grids with firm capacity.

✅ Complements wind and solar for reliable, low-carbon supply.

✅ Needs clear financing to unlock investment and lower costs.

 

Leading nuclear industry figures will today call for a major programme of new power stations to hit ambitious emissions reduction targets.

The 19th Nuclear Industry Association annual conference in London will highlight the need for a proven, dependable source of low carbon electricity generation alongside growth in weather-dependent solar and wind power, and particularly the rapid expansion of wind and solar generation across the UK.

Without this, they argue, the country risks embedding a major reliance on carbon-emitting gas fired power stations as Europe loses nuclear capacity at a critical time for energy security for generations to come.

Annual public opinion polling released today to coincide with the conference revealed 75% of the population want the UK Government to take more action to reduce CO2 emissions.

The survey, conducted by YouGov in October 2019, has tracked opinion trends on nuclear for more than a decade. It shows continued and consistent public support for an energy mix including nuclear and renewables, with 72% of respondents agreeing this was needed to ensure a reliable supply of electricity.

Nuclear power was also perceived as the most secure energy source for keeping the lights on, compared to other sources such as oil, gas, coal, wind power, fracking and solar power.

Last month both the Labour and Conservative Parties committed to new nuclear power as part of their election Manifestos and the government's wider green industrial revolution plans for clean growth. At the same time, 27 leading figures in the fields of environment, energy, and industry signed an open letter addressed to parliamentary candidates, which set out the benefits of nuclear and underscored the consequences of not, at least, replacing the UK's current fleet of power stations.

The Nuclear Industry Association said there is no time to be lost in clarifying the ambition and the financing rules for new nuclear power which would bring down costs and unlock a major programme of investment.

Tom Greatrex, Chief Executive of the NIA, said "We have to grow the industry's contribution to a low carbon economy. The independent Committee on Climate Change said earlier this year that we need a variety of technologies including nuclear power/1 for net zero to reach the UK's Net Zero emissions target by 2050".

"This is a proven, dependable, technology with lower lifecycle CO2 emissions than solar power and the same as offshore wind/2. It is also an important economic engine for the UK, supporting uses beyond electricity and creating high quality direct and indirect employment for around 155,000 people."

"Right now nuclear provides 20%/3 of all the UK's electricity but all but one of our existing fleet will close over the next decade, amid the debate over nuclear's decline as power demand will only increase with a shift to electric heating and vehicles."

"The countries and regions which have most successfully decarbonised, like Sweden, France and Ontario in Canada, have done so by relying on nuclear, aligning with Canada's climate goals for affordable, safe power today. You are not serious about tackling climate change if you are not serious about nuclear".

 

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Should California classify nuclear power as renewable?

California Nuclear Renewable Bill AB 2898 seeks to add nuclear to the Renewables Portfolio Standard, impacting Diablo Canyon, PG&E compliance, carbon-free targets, and potential license extensions while addressing climate goals and natural gas reliance.

 

Key Points

A bill to add nuclear to California's RPS, influencing Diablo Canyon, PG&E planning, and carbon-free climate targets.

✅ Reclassifies nuclear as renewable in California's RPS.

✅ Could influence Diablo Canyon license extension and ownership.

✅ Targets carbon-free goals while limiting natural gas reliance.

 

Although he admits it's a long shot, a member of the California Legislature from the district that includes the Diablo Canyon nuclear plant has introduced a bill that would add nuclear power to the state's list of renewable energy sources.

"I think that nuclear power is an important component of generating large-scale electricity that's good for the environment," said Jordan Cunningham, R-San Luis Obispo. "Without nuclear as part of the renewable portfolio, we're going to have tremendous difficulty meeting the state's climate goals without a significant cost increase on electricity ratepayers."

Established in 2002, California's Renewables Portfolio Standard spells out the power sources eligible to count toward the state's goals to wean itself of fossil fuels. The list includes solar, wind, biomass, geothermal, small hydroelectric facilities and even tidal currents. The standard has been updated, currently calling for 60 percent of California's electricity to come from renewables by 2030 and 100 percent from carbon-free sources by 2045, even as some analyses argue net-zero emissions may be difficult to achieve without nuclear power.

Nuclear power is not part of the portfolio standard and Diablo Canyon — the only remaining nuclear plant in California — is scheduled to stop producing electricity by 2025, even as some Southern California plant closures face postponement to maintain grid reliability.

Pacific Gas & Electric, the operators of Diablo Canyon, announced in 2016 an agreement with a collection of environmental and labor groups to shut down the plant, often framed as part of a just transition for workers and communities. PG&E said Diablo will become uneconomical to run due to changes in California's power grid — such as growth of renewable energy sources, increased energy efficiency measures and the migration of customers from traditional utilities to community choice energy programs.

But Cunningham thinks the passage of Assembly Bill 2898, which he introduced last week, — as innovators like Bill Gates' mini-reactor venture tout new designs — could give the plant literally a new lease on life.

"If PG&E were able to count the power produced (at Diablo) toward its renewable goals, it might — I'm not saying it will or would, but it might — cause them to reconsider applying to extend the operating license at Diablo," Cunningham said.

Passing the bill, supporters say, could also make Diablo Canyon attractive to an outside investor to purchase and then apply to the Nuclear Regulatory Commission for a license extension.

But nuclear power has long generated opposition in California and AB 2898 will face long odds in Sacramento, and similar efforts elsewhere have drawn opposition from power producers as well. The Legislature is dominated by Democrats, who have expressed more interest in further developing wind and solar energy projects than offering a lifeline to nuclear.

And if the bill managed to generate momentum, anti-nuclear groups will certainly be quick to mobilize, reflecting a national energy debate over Three Mile Island and whether to save struggling plants.

When told of Cunningham's bill, David Weisman, outreach coordinator for the Alliance for Nuclear Responsibility, said flatly, "Diablo Canyon has become a burdensome, costly nuclear white elephant."

Critics say nuclear power by definition cannot be considered renewable because it leaves behind waste in the form of spent nuclear fuel that then has to be stored, while supporters point to next-gen nuclear designs that aim to improve safety and costs. The federal government has not found a site to deposit the waste that has built up over decades from commercial nuclear power plants.

Even though Diablo Canyon is the only nuclear plant left in the Golden State, it accounts for 9 percent of California's power mix. Cunningham says if the plant closes, the state's reliance on natural gas — a fossil fuel — will increase, pointing to what happened when the San Onofre Nuclear Generating Station closed.

In 2011, the final full year operations for San Onofre, nuclear accounted for 18.2 percent of in-state generation and natural gas made up 45.4 percent. The following year, nuclear dropped to 9.3 percent and gas shot up to 61.1 percent of in-state generation.

"If we're going to get serious about being a national leader as California has been on dealing with climate change, I think nuclear is part of the answer," Cunningham said.

But judging from the response to an email from the Union-Tribune, PG&E isn't exactly embracing Cunningham's bill.

"We remain focused on safely and reliably operating Diablo Canyon Power Plant until the end of its current operating licenses and planning for a successful decommissioning," said Suzanne Hosn, a PG&E senior manager at Diablo Canyon. "The Assemblyman's proposal does not change any of PG&E's plans for the plant."

Cunningham concedes AB 2898 is "a Hail Mary pass" but said "it's an important conversation that needs to be had."

The second-term assemblyman introduced a similar measure late last year that sought to have the Legislature bring the question before voters as an amendment to the state constitution. But the legislation, which would require a two-thirds majority vote in the Assembly and the Senate, is still waiting for a committee assignment.

AB 2898, on the other hand, requires a simple majority to move through the Legislature. Cunningham said he hopes the bill will receive a committee assignment by the end of next month.
 

 

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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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