Can ConEd avoid blackouts this summer?

By New York Daily News


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On hot summer nights, the drone of three million air conditioners in the city is as much a sound of the season as ice cream trucks and pickup baseball games.

The cold air soothes the sweaty, but puts enormous pressure on the electric grid. During the four-day heat wave at the beginning of this month, which broke the June record for peak electricity use two days in a row, the system held up, except for sporadic outages in parts of Brooklyn.

Whether it will all summer remains a question.

"Even though the peak demand will be higher than last year, there should be sufficient reserves and generating capacity for the summer," said Gary Paslow, spokesman for the New York Independent System Operator, which oversees the bulk electric system for the state.

The city has a long history of blackouts. In 1965, the great Northeast blackout left 25 million people in the dark. In 1977, a widespread blackout sparked looting and unrest. Five years ago, a massive power failure left 50 million in the Northeast and Canada in the dark.

Con Ed spokesman Joe Petta said the energy supplier begins to plan for the summer at the end of the previous season by tracking new buildings and increased demand with historical trends and future projections. Since last summer, Con Ed has spent $2 billion and added 10 million feet of cable and 1,700 new transformers as part of an ongoing effort to reinforce the system.

Still, the North American Electric Reliability Corp. determined in its latest annual assessment that increasing demand and limited infrastructure improvements over the long term are still very much a concern.

Part of the challenge is that people keep buying air conditioners. Con Ed estimates that a million air conditioners were installed in the last five years and expects a million more will be installed in the next five years.

The challenge is that there is no way to store electricity. Power must be generated in the city during peak times, causing bottlenecks and sometimes outages.

While the average capacity during the year is around 18,000 megawatts per hour, demand can nearly double on the hottest summer days.

"It's important that the system always has to be prepared to meet the peak even though a lot of times the usage is less," Paslow said.

Peak demand is the year's highest demand for a one-hour period, and generally occurs on a late afternoon several days into a heat wave, when electricity use increases as tolerance for the heat wanes.

On the hottest days, Petta said, Con Ed will have extra crews on standby.

Petta's main advice was to turn off the air conditioner when not at home. If New Yorkers heed those words when the heat comes, the city's lights may stay on this summer.

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Expanding EV Charging Infrastructure in Calgary's Apartments and Condos

Calgary EV Charging for Apartments and Condos streamlines permitting for multi-unit dwellings, guiding condo boards and property managers to install EV charging stations, expand infrastructure, and advance sustainability with cleaner air and lower emissions.

 

Key Points

A Calgary program simplifying permits and guidance to add EV charging stations in multi-unit residential buildings.

✅ Streamlined permitting for condo boards and property managers

✅ Technical assistance to install EV charging stations

✅ Boosts property value and reduces emissions citywide

 

As the demand for electric vehicles (EVs) continues to rise, and as national EV targets gain traction, Calgary is taking significant strides to enhance its charging infrastructure, particularly in apartment and condominium complexes. A recent initiative has been introduced to facilitate the installation of EV charging stations in these residential buildings, addressing a critical barrier for potential EV owners living in multi-unit dwellings.

The Growing EV Market

Electric vehicles are no longer a niche market; they have become a mainstream option for many consumers. As of late 2023, EV sales have surged, with projections indicating that the trend will only continue. However, a significant challenge remains for those who live in apartments and condos, where high-rise charging can be a mixed experience and the lack of accessible charging stations persists. Unlike homeowners with garages, residents of multi-unit dwellings often rely on public charging infrastructure, which can be inconvenient and limiting.

The New Initiative

In response to this growing concern, the City of Calgary has launched a new initiative aimed at easing the process of installing EV chargers in apartment and condo buildings. This program is designed to streamline the permitting process, reduce red tape, and provide clear guidelines for property managers and condo boards, similar to strata installation rules adopted in other jurisdictions to ease installations.

The initiative includes various measures, such as providing technical assistance and resources to building owners and managers. By simplifying the installation process, the city hopes to encourage more residential complexes to adopt EV charging stations. The initiative also emphasizes practical support, such as providing technical assistance, including condo retrofit guidance, and resources to building owners and managers. This is a significant step towards creating an eco-friendly urban environment and meeting the growing demand for sustainable transportation options.

Benefits of the Initiative

The benefits of this initiative are manifold. Firstly, it supports Calgary's broader climate goals by promoting electric vehicle adoption. As more residents gain access to charging stations, the city can expect a corresponding reduction in greenhouse gas emissions, contributing to cleaner air and a healthier urban environment.

Additionally, providing charging infrastructure can enhance property values. Buildings equipped with EV chargers become more attractive to potential tenants and buyers who prioritize sustainability. As the market for electric vehicles expands, properties that offer charging facilities are likely to see increased demand, making them a sound investment for landlords and developers.

Overcoming Challenges

While this initiative marks a positive step forward, there are still challenges to address. Property managers and condo boards may face initial resistance from residents who are uncertain about the costs associated with installing and maintaining EV chargers, though rebates for home and workplace charging can offset upfront expenses and ease adoption. Clear communication about the long-term benefits, including potential energy savings and the value of sustainable living, will be essential in overcoming these hurdles.

Furthermore, the city will need to ensure that the installation of EV chargers is done in a way that is equitable and inclusive. This means considering the needs of all residents, including those who may not own an electric vehicle but would benefit from a greener community.

Looking Ahead

As Calgary moves forward with this initiative, it sets a precedent for other cities, as seen in Vancouver's EV-ready policy, facing similar challenges in promoting electric vehicle adoption. By prioritizing charging infrastructure in multi-unit residential buildings, Calgary is taking important steps towards a more sustainable future.

In conclusion, the push for EV charging stations in apartments and condos is a critical move for Calgary. It reflects a growing recognition of the role that urban planning and infrastructure play in supporting the transition to electric vehicles, which complements corridor networks like the BC Electric Highway for intercity travel. With the right support and resources, Calgary can pave the way for a greener, more sustainable urban landscape that benefits all its residents. As the city embraces this change, it will undoubtedly contribute to a broader shift towards sustainable living, ultimately helping to combat climate change and improve the quality of life for all Calgarians.

 

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Grid coordination opens road for electric vehicle flexibility

Smart EV Charging orchestrates vehicle-to-grid (V2G), demand response, and fast charging to balance the power grid, integrating renewables, electrolyzers for hydrogen, and megawatt chargers for fleets with advanced control and co-optimization.

 

Key Points

Smart EV charging coordinates EV load to stabilize the grid, cut peaks, and integrate renewable energy efficiently.

✅ Reduces peak demand via coordinated, flexible load control

✅ Enables V2G services with renewables and battery storage

✅ Supports megawatt fast charging for heavy-duty fleets

 

As electric vehicle (EV) sales continue to rev up in the United States, the power grid is in parallel contending with the greatest transformation in its 100-year history: the large-scale integration of renewable energy and power electronic devices. The expected expansion of EVs will shift those challenges into high gear, causing cities to face gigawatt-growth in electricity demand, as analyses of EV grid impacts indicate, and higher amounts of variable energy.

Coordinating large numbers of EVs with the power system presents a highly complex challenge. EVs introduce variable electrical loads that are highly dependent on customer behavior. Electrified transportation involves co-optimization with other energy systems, like natural gas and bulk battery storage, including mobile energy storage flexibility for new operational options. It could involve fleets of automated ride-hailing EVs and lead to hybrid-energy truck stops that provide hydrogen and fast-charging to heavy-duty vehicles.

Those changes will all test the limits of grid integration, but the National Renewable Energy Laboratory (NREL) sees opportunity at the intersection of energy systems and transportation. With powerful resources for simulating and evaluating complex systems, several NREL projects are determining the coordination required for fast charging, balancing electrical supply and demand, and efficient use of all energy assets.


Smart and Not-So-Smart Control
To appreciate the value of coordinated EV charging, it is helpful to imagine the opposite scenario.

"Our first question is how much benefit or burden the super simple, uncoordinated approach to electric vehicle charging offers the grid," said Andrew Meintz, the researcher leading NREL's Electric Vehicle Grid Integration team, as well as the RECHARGE project for smart EV charging. "Then we compare that to the 'whiz-bang,' everything-is-connected approach. We want to know the difference in value."

In the "super simple" approach, Meintz explained that battery-powered electric vehicles grow in market share, exemplified by mass-market EVs, without any evolution in vehicle charging coordination. Picture every employee at your workplace driving home at 5 p.m. and charging their vehicle. That is the grid's equivalent of going 0 to 100 mph, and if it does not wreck the system, it is at least very expensive. According to NREL's Electrification Futures Study, a comprehensive analysis of the impacts of widespread electrification across all U.S. economic sectors, in 2050 EVs could contribute to a 33% increase in energy use during peak electrical demand, underscoring state grid challenges that make these intervals costly when energy reserves are procured. In duck curve parlance, EVs will further strain the duck's neck.

The Optimization and Control Lab's Electric Vehicle Grid Integration bays allow researchers to determine how advanced high power chargers can be added safely and effectively to the grid, with the potential to explore how to combine buildings and EV charging. Credit: Dennis Schroeder, NREL
Meintz's "whiz-bang" approach instead imagines EV control strategies that are deliberate and serve to smooth, rather than intensify, the upcoming demand for electricity. It means managing both when and where vehicles charge to create flexible load on the grid.

At NREL, smart strategies to dispatch vehicles for optimal charging are being developed for both the grid edge, where consumers and energy users connect to the grid, as in RECHARGEPDF, and the entire distribution system, as in the GEMINI-XFC projectPDF. Both projects, funded by the U.S. Department of Energy's (DOE's) Vehicle Technologies Office, lean on advanced capabilities at NREL's Energy Systems Integration Facility to simulate future energy systems.

At the grid edge, EVs can be co-optimized with distributed energy resources—small-scale generation or storage technologies—the subject of a partnership with Eaton that brought industry perspectives to bear on coordinated management of EV fleets.

At the larger-system level, the GEMINI-XFC project has extended EV optimization scenarios to the city scale—the San Francisco Bay Area, to be specific.

"GEMINI-XFC involves the highest-ever-fidelity modeling of transportation and the grid," said NREL Research Manager of Grid-Connected Energy Systems Bryan Palmintier.

"We're combining future transportation scenarios with a large metro area co-simulationPDF—millions of simulated customers and a realistic distribution system model—to find the best approaches to vehicles helping the grid."

GEMINI-XFC and RECHARGE can foresee future electrification scenarios and then insert controls that reduce grid congestion or offset peak demand, for example. Charging EVs involves a sort of shell game, where loads are continually moved among charging stations to accommodate grid demand.

But for heavy-duty vehicles, the load is harder to hide. Electrified truck fleets will hit the road soon, creating power needs for electric truck fleets that translate to megawatts of localized demand. No amount of rerouting can avoid the requirements of charging heavy-duty vehicles or other instances of extreme fast-charging (XFC). To address this challenge, NREL is working with industry and other national laboratories to study and demonstrate the technological buildout necessary to achieve 1+ MW charging stationsPDF that are capable of fast charging at very high energy levels for medium- and heavy-duty vehicles.

To reach such a scale, NREL is also considering new power conversion hardware based on advanced materials like wide-bandgap semiconductors, as well as new controllers and algorithms that are uniquely suited for fleets of charge-hungry vehicles. The challenge to integrate 1+ MW charging is also pushing NREL research to higher power: Upcoming capabilities will look at many-megawatt systems that tie in the support of other energy sectors.


Renewable In-Roads for Hydrogen

At NREL, the drive toward larger charging demands is being met with larger research capabilities. The announcement of ARIES opens the door to energy systems integration research at a scale 10-times greater than current capabilities: 20 MW, up from 2 MW. Critically, it presents an opportunity to understand how mobility with high energy demands can be co-optimized with other utility-scale assets to benefit grid stability.

"If you've got a grid humming along with a steady load, then a truck requires 500 kW or more of power, it could create a large disruption for the grid," said Keith Wipke, the laboratory program manager for fuel cells and hydrogen technologies at NREL.

Such a high power demand could be partially served by battery storage systems. Or it could be hidden entirely with hydrogen production. Wipke's program, with support from the DOE's Hydrogen and Fuel Cell Technologies Office, has been performing studies into how electrolyzers—devices that use electricity to break water into hydrogen and oxygen—could offset the grid impacts of XFC. These efforts are also closely aligned with DOE's H2@Scale vision for affordable and effective hydrogen use across multiple sectors, including heavy-duty transportation, power generation, and metals manufacturing, among others.

"We're simulating electrolyzers that can match the charging load of heavy-duty battery electric vehicles. When fast charging begins, the electrolyzers are ramped down. When fast charging ends, the electrolyzers are ramped back up," Wipke said. "If done smoothly, the utility doesn't even know it's happening."

NREL Researchers Rishabh Jain, Kazunori Nagasawa, and Jen Kurtz are working on how grid integration of electrolyzers—devices that use electricity to break water into hydrogen and oxygen—could offset the grid impacts of extreme fast-charging. Credit: National Renewable Energy Laboratory
As electrolyzers harness the cheap electrons from off-demand periods, a significant amount of hydrogen can be produced on site. That creates a natural energy pathway from discount electricity into a fuel. It is no wonder, then, that several well-known transportation and fuel companies have recently initiated a multimillion-dollar partnership with NREL to advance heavy-duty hydrogen vehicle technologies.

"The logistics of expanding electric charging infrastructure from 50 kW for a single demonstration battery electric truck to 5,000 kW for a fleet of 100 could present challenges," Wipke said. "Hydrogen scales very nicely; you're basically bringing hydrogen to a fueling station or producing it on site, but either way the hydrogen fueling events are decoupled in time from hydrogen production, providing benefits to the grid."

The long driving range and fast refuel times—including a DOE target of achieving 10-minutes refuel for a truck—have already made hydrogen the standout solution for applications in warehouse forklifts. Further, NREL is finding that distributed electrolyzers can simultaneously produce hydrogen and improve voltage conditions, which can add much-needed stability to a grid that is accommodating more energy from variable resources.

Those examples that co-optimize mobility with the grid, using diverse technologies, are encouraging NREL and its partners to pursue a new scale of systems integration. Several forward-thinking projects are reimagining urban mobility as a mix of energy solutions that integrate the relative strengths of transportation technologies, which complement each other to fill important gaps in grid reliability.


The Future of Urban Mobility
What will electrified transportation look like at high penetrations? A few NREL projects offer some perspective. Among the most experimental, NREL is helping the city of Denver develop a smart community, integrated with electrified mobility and featuring automated charging and vehicle dispatch.

On another path to advanced mobility, Los Angeles has embarked on a plan to modernize its electricity system infrastructure, reflecting California EV grid stability goals—aiming for a 100% renewable energy supply by 2045, along with aggressive electrification targets for buildings and vehicles. Through the Los Angeles 100% Renewable Energy Study, the city is currently working with NREL to assess the full-scale impacts of the transition in a detailed analysis that integrates diverse capabilities across the laboratory.

The transition would include the Port of Long Beach, the busiest container port in the United States.

At the port, NREL is applying the same sort of scenario forecasting and controls evaluation as other projects, in order to find the optimal mix of technologies that can be integrated for both grid stability and a reliable quality of service: a mix of hydrogen fuel-cell and battery EVs, battery storage systems, on-site renewable generation, and extreme coordination among everything.

"Hydrogen at ports makes sense for the same reason as trucks: Marine applications have big power and energy demands," Wipke said. "But it's really the synergies between diverse technologies—the existing infrastructure for EVs and the flexibility of bulk battery systems—that will truly make the transition to high renewable energy possible."

Like the Port of Long Beach, transportation hubs across the nation are adapting to a complex environment of new mobility solutions. Airports and public transit stations involve the movement of passengers, goods, and services at a volume exceeding anywhere else. With the transition to digitally connected electric mobility changing how airports plan for the future, NREL projects such as Athena are using the power of high-performance computing to demonstrate how these hubs can maximize the value of passenger and freight mobility per unit of energy, time, and/or cost.

The growth in complexity for transportation hubs has just begun, however. Looking ahead, fleets of ride-sharing EVs, automated vehicles, and automated ride-sharing EV fleets could present the largest effort to manage mobility yet.


A Self-Driving Power Grid
To understand the full impact of future mobility-service providers, NREL developed the HIVE (Highly Integrated Vehicle Ecosystem) simulation framework. HIVE combines factors related to serving mobility needs and grid operations—such as a customer's willingness to carpool or delay travel, and potentially time-variable costs of recharging—and simulates the outcome in an integrated environment.

"Our question is, how do you optimize the management of a fleet whose primary purpose is to provide rides and improve that fleet's dispatch and charging?" said Eric Wood, an NREL vehicle systems engineer.

HIVE was developed as part of NREL's Autonomous Energy Systems research to optimize the control of automated vehicle fleets. That is, optimized routing and dispatch of automated electric vehicles.

The project imagines how price signals could influence dispatch algorithms. Consider one customer booking a commute through a ride-hailing app. Out of the fleet of vehicles nearby—variously charged and continually changing locations—which one should pick up the customer?

Now consider the movements of thousands of passengers in a city and thousands of vehicles providing transportation services. Among the number of agents, the moment-to-moment change in energy supply and demand, and the broad diversity in vendor technologies, "we're playing with a lot of parameters," Wood said.

But cutting through all the complexity, and in the midst of massive simulations, the end goal for vehicle-to-grid integration is consistent:

"The motivation for our work is that there are forecasts for significant load on the grid from the electrification of transportation," Wood said. "We want to ensure that this load is safely and effectively integrated, while meeting the expectations and needs of passengers."

The Port of Long Beach uses a mix of hydrogen fuel-cell and battery EVs, battery storage systems, on-site renewable generation, and extreme coordination among everything. Credit: National Renewable Energy Laboratory
True Replacement without Caveats

Electric vehicles are not necessarily helpful to the grid, but they can be. As EVs become established in the transportation sector, NREL is studying how to even out any bumps that electrified mobility could cause on the grid and advance any benefits to commuters or industry.

"It all comes down to load flexibility," Meintz said. "We're trying to decide how to optimally dispatch vehicle charging to meet quality-of-service considerations, while also minimizing charging costs."

 

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City of Vancouver named Clean Energy Champion for Bloedel upgrades

BC Hydro Clean Energy Champions highlights Vancouver's Bloedel Conservatory electrification with a massive heat pump, clean electricity, LED lighting, deep energy efficiency, and 90% greenhouse gas reductions advancing climate action across buildings and industry.

 

Key Points

A BC Hydro program honoring clean electricity adoption in homes, transport, and industry to replace fossil fuels.

✅ Vancouver's Bloedel Conservatory cut GHGs by 90% with a heat pump

✅ LEDs and electrification boost efficiency, comfort, and reliability

✅ Nominations open for residents, businesses, and Indigenous groups

 

The City of Vancouver has been selected as BC Hydro’s first Clean Energy Champion for energy efficient upgrades made at the Bloedel Conservatory that cut greenhouse gas emissions by 90 per cent, a meaningful step given concerns about 2050 greenhouse gas targets in B.C.

BC Hydro’s Clean Energy Champions program is officially being launched today to recognize residents, businesses, municipalities, Indigenous and community groups across B.C. that have made the choice to switch from using fossil fuels to using clean electricity in three primary areas: homes and buildings, transportation, and industry, even as drought challenges power generation in B.C. The City of Vancouver is being recognized as the first champion for demonstrating its commitment to using clean energy, including power from projects like Site C's electricity, to fight climate change at its landmark Bloedel Conservatory.

Earlier this year, the City of Vancouver installed a large air source heat pump at Bloedel Conservatory – more than 50 times the size of a heat pump used in a typical B.C. home – that uses electricity instead of natural gas to heat and cool the dome's interior, which is home to more than 500 exotic plants and flowers, and 100 exotic birds, aligning with citywide debates such as Vancouver’s reversal on gas appliances policy. It is the biggest heat pump the City of Vancouver has ever installed, with 210 tonnes of cooling capacity.

A heat pump that provides cooling in the summer and heating in the winter, helping reduce reliance on wasteful air conditioning that can drive up energy bills, is ideal for the conservatory, as its dome is completely made of glass, which can be challenging for temperature regulation. While the dome experiences a lot of heat loss in the colder months, its need for cooling in warmer weather is even greater to ensure the safety of the wildlife and plants that call it home.

The clean energy upgrades do not end there though. All lighting in the building has been upgraded to energy-efficient LEDs, reflecting conservation themes highlighted by 2018 Earth Hour electricity use discussions, and outside colour-changing LEDs now surround the perimeter and light up the dome at night.

BC Hydro is calling for nominations from B.C. residents, businesses, municipalities or Indigenous and community groups that have taken steps to lower their carbon footprint and adopt new clean energy technologies, and continues to support customers through programs like its winter payment plan during colder months. If you or someone you know is a Clean Energy Champion, nominate them at bchydro.com/cleanenergychampions.

 

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Nuclear plants produce over half of Illinois electricity, almost faced retirement

Illinois Zero Emission Credits support nuclear plants via tradable credits tied to wholesale electricity prices, carbon costs, created by the Future Energy Jobs Bill to avert Exelon closures and sustain low-carbon power.

 

Key Points

State credits that value nuclear power's zero-carbon output, priced by market and carbon metrics to keep plants running.

✅ Pegged to wholesale prices, carbon costs, and state averages.

✅ Created by Future Energy Jobs Bill to prevent plant retirements.

✅ Supports Exelon Quad Cities and Clinton nuclear facilities.

 

Nuclear plants have produced over half of Illinois electricity generation since 2010, but the states two largest plants would have been retired amid the debate over saving nuclear plants if the state had not created a zero emission credit (ZEC) mechanism to support the facilities.

The two plants, Quad Cities and Clinton, collectively delivered more than 12 percent of the states electricity generation over the past several years. In May 2016, however, Exelon, the owner of the plants, announced that they had together lost over $800 million dollars over the previous six years and revealed plans to retire them in 2017 and 2018, similar to the Three Mile Island closure later announced for 2019 by its owner.

In December 2016, Illinois passed the Future Energy Jobs Bill, which established a zero emission credit (ZEC) mechanism

to support the plants financially. Exelon then cancelled its plans to retire the two facilities.

The ZEC is a tradable credit that represents the environmental attributes of one megawatt-hour of energy produced from the states nuclear plants. Its price is based on a number of factors that include wholesale electricity market prices, nuclear generation costs, state average market prices, and estimated costs of the long-term effects of carbon dioxide emissions.

The bill is set to take effect in June, but faces multiple court challenges as some utilities have expressed concerns that the ZEC violates the commerce clause and affects federal authority to regulate wholesale energy prices, amid gas-fired competition in nearby markets that shapes the revenue outlook.

Illinois ranks first in the United States for both generating capacity and net electricity generation from nuclear power, a resource many see as essential for net-zero emissions goals, and accounts for approximately one-eighth of the nuclear power generation in the nation.

 

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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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Gov. Greg Abbott touts Texas power grid's readiness heading into fall, election season

ERCOT Texas Fall Grid Forecast outlines ample power supply, planned maintenance outages, and grid reliability, citing PUC oversight and Gov. Abbott's remarks, with seasonal assessment noting mild demand yet climate risks and conservation alerts.

 

Key Points

ERCOT's seasonal outlook for Texas on fall power supply, outages, and reliability expectations under PUC oversight.

✅ Projects sufficient supply in October and November

✅ Many plants scheduled offline for maintenance

✅ Notes PUC oversight and Abbott's confidence

 

Gov. Greg Abbott said Tuesday that the Texas power grid is prepared for the fall months and referenced a new seasonal forecast by the state’s grid operator, which typically does not draw much attention to its fall and spring grid assessments because of the more mild temperatures during those seasons.

Tuesday’s new forecast by the Electric Reliability Council of Texas showed that there should be plenty of power supply to meet demand in October and November. It also showed that many Texas power plants are scheduled to be offline this fall for maintenance work. Texas power plants usually plan to go down in the fall and spring for repairs to improve reliability ahead of the more extreme temperatures in winter and summer, when Texans crank up their heat and air conditioning and raise demand for power.

ERCOT for at least a decade announced its seasonal forecasts, but did not do so on Tuesday. The grid operator stopped announcing the reports after the 2021 winter storm event. A spokesperson for the grid operator, which posted the report to its website midday without notifying the public or power industry stakeholders, said there were no plans to discuss the latest forecast and referred questions about it to the Public Utility Commission, which oversees ERCOT. Abbott appoints the board of the PUC.

Abbott on Tuesday expressed his confidence about the grid in a news release, which included photos of the governor sitting at a table with incoming ERCOT CEO Pablo Vegas, outgoing interim CEO Brad Jones and Public Utility Commission Chair Peter Lake.

“The State of Texas continues to monitor the reliability of our electric grid, and I thank ERCOT and PUC for their hard work to implement bipartisan reforms we passed last year and for their proactive leadership to ensure our grid is stronger than ever before,” Abbott said in the release.

Abbott has not previously shared or called attention to ERCOT’s forecasts as he did on Tuesday.

Up for reelection this fall, Abbott has faced continued criticism, including from the Sierra Club over his handling of the 2021 deadly power grid disaster, when extended freezing temperatures shut down natural gas facilities and power plants, which rely on each other to keep electricity flowing. The resulting blackouts left millions of Texans without power for days in the cold, and hundreds of people died.

ERCOT’s forecasts for fall and spring are typically the least worrisome seasonal forecasts, energy experts said, because temperatures are usually milder in between summer and winter, even as ERCOT has issued an RFP to procure winter capacity to address shortages, so demand for power usually does not skyrocket like it does during extreme temperatures.

But they’ve warned that climate change could potentially lead to more extreme temperatures during times when Texas hasn’t experienced such weather in the past. For example, in early May six power plants unexpectedly broke down when a spring heat wave drove power demand up and highlighted broader heat-related blackout risks across the grid. ERCOT asked Texans to conserve electricity at home at the time.

Abbott released the seasonal report at a time when he has asserted unprecedented control over ERCOT. Although he had no formal role in ERCOT’s search for a new permanent CEO, he put a stranglehold on the process, The Texas Tribune previously reported. Since the winter storm, Abbott’s office has also dictated what information about the power grid ERCOT has released to the public.

 

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