Utilities, hot summer can save drifting carbon

Offshore wind power accelerates low-carbon electrification, leveraging floating turbines, high capacity factors, HVDC transmission, and hydrogen production to decarbonize grids, cut CO2, and deliver competitive, reliable renewable energy near demand centers.

Key Points

Offshore wind power uses offshore turbines to deliver low-carbon electricity with high capacity factors and falling costs.

✅ Sea-based wind farms with 40-50% capacity factors

✅ Floating turbines unlock deep-water, far-shore resources

✅ Enables hydrogen production and strengthens grid reliability

The need for affordable low-carbon technologies is greater than ever

Global energy-related CO2 emissions reached a historic high in 2018, driven by an increase in coal use in the power sector. Despite impressive gains for renewables, fossil fuels still account for nearly two-thirds of electricity generation, the same share as 20 years ago. There are signs of a shift, with increasing pledges to decarbonise economies and tackle air pollution, and with World Bank support helping developing countries scale wind, but action needs to accelerate to meet sustainable energy goals. As electrification of the global energy system continues, the need for clean and affordable low-carbon technologies to produce this electricity is more pressing than ever. This World Energy Outlook special report offers a deep dive on a technology that today has a total capacity of 23 GW (80% of it in Europe) and accounts for only 0.3% of global electricity generation, but has the potential to become a mainstay of the world's power supply. The report provides the most comprehensive analysis to date of the global outlook for offshore wind, its contributions to electricity systems and its role in clean energy transitions.

The offshore wind market has been gaining momentum

The global offshore wind market grew nearly 30% per year between 2010 and 2018, benefitting from rapid technology improvements. Over the next five years, about 150 new offshore wind projects are scheduled to be completed around the world, pointing to an increasing role for offshore wind in power supplies. Europe has fostered the technology's development, led by the UK offshore wind sector alongside Germany and Denmark. The United Kingdom and Germany currently have the largest offshore wind capacity in operation, while Denmark produced 15% of its electricity from offshore wind in 2018. China added more capacity than any other country in 2018.

The untapped potential of offshore wind is vast

The best offshore wind sites could supply more than the total amount of electricity consumed worldwide today. And that would involve tapping only the sites close to shores. The IEA initiated a new geospatial analysis for this report to assess offshore wind technical potential country by country. The analysis was based on the latest global weather data on wind speed and quality while factoring in the newest turbine designs. Offshore wind's technical potential is 36 000 TWh per year for installations in water less than 60 metres deep and within 60 km from shore. Global electricity demand is currently 23 000 TWh. Moving further from shore and into deeper waters, floating turbines could unlock enough potential to meet the world's total electricity demand 11 times over in 2040. Our new geospatial analysis indicates that offshore wind alone could meet several times electricity demand in a number of countries, including in Europe, the United States and Japan. The industry is adapting various floating foundation technologies that have already been proven in the oil and gas sector. The first projects are under development and look to prove the feasibility and cost-effectiveness of floating offshore wind technologies.

Offshore wind's attributes are very promising for power systems

New offshore wind projects have capacity factors of 40-50%, as larger turbines and other technology improvements are helping to make the most of available wind resources. At these levels, offshore wind matches the capacity factors of gas- and coal-fired power plants in some regions – though offshore wind is not available at all times. Its capacity factors exceed those of onshore wind and are about double those of solar PV. Offshore wind output varies according to the strength of the wind, but its hourly variability is lower than that of solar PV. Offshore wind typically fluctuates within a narrower band, up to 20% from hour to hour, than solar PV, which varies up to 40%.

Offshore wind's high capacity factors and lower variability make its system value comparable to baseload technologies, placing it in a category of its own – a variable baseload technology. Offshore wind can generate electricity during all hours of the day and tends to produce more electricity in winter months in Europe, the United States and China, as well as during the monsoon season in India. These characteristics mean that offshore wind's system value is generally higher than that of its onshore counterpart and more stable over time than that of solar PV. Offshore wind also contributes to electricity security, with its high availability and seasonality patterns it is able to make a stronger contribution to system needs than other variable renewables. In doing so, offshore wind contributes to reducing CO2 and air pollutant emissions while also lowering the need for investment in dispatchable power plants. Offshore wind also has the advantage of avoiding many land use and social acceptance issues that other variable renewables are facing.

Offshore wind is on track to be a competitive source of electricity

Offshore wind is set to be competitive with fossil fuels within the next decade, as well as with other renewables including solar PV. The cost of offshore wind is declining and is set to fall further. Financing costs account for 35% to 50% of overall generation cost, and supportive policy frameworks are now enabling projects to secure low cost financing in Europe, with zero-subsidy tenders being awarded. Technology costs are also falling. The levelised cost of electricity produced by offshore wind is projected to decline by nearly 60% by 2040. Combined with its relatively high value to the system, this will make offshore wind one of the most competitive sources of electricity. In Europe, recent auctions indicate that offshore wind will soon beat new natural gas-fired capacity on cost and be on a par with solar PV and onshore wind. In China, offshore wind is set to become competitive with new coal-fired capacity around 2030 and be on par with solar PV and onshore wind. In the United States, recent project proposals indicate that offshore wind will soon be an affordable option, even as the 1 GW timeline continues to evolve, with potential to serve demand centres along the country's east coast.

Innovation is delivering deep cost reductions in offshore wind, and transmission costs will become increasingly important. The average upfront cost to build a 1 gigawatt offshore wind project, including transmission, was over $4 billion in 2018, but the cost is set to drop by more than 40% over the next decade. This overall decline is driven by a 60% reduction in the costs of turbines, foundations and their installation. Transmission accounts for around one-quarter of total offshore wind costs today, but its share in total costs is set to increase to about one-half as new projects move further from shore. Innovation in transmission, for example through work to expand the limits of direct current technologies, will be essential to support new projects without raising their overall costs.

Offshore wind is set to become a $1 trillion business

Offshore wind power capacity is set to increase by at least 15-fold worldwide by 2040, becoming a $1 trillion business. Under current investment plans and policies, the global offshore wind market is set to expand by 13% per year, reflecting its growth despite Covid-19 in recent years, passing 20 GW of additions per year by 2030. This will require capital spending of $840 billion over the next two decades, almost matching that for natural gas-fired or coal-fired capacity. Achieving global climate and sustainability goals would require faster growth: capacity additions would need to approach 40 GW per year in the 2030s, pushing cumulative investment to over $1.2 trillion. 

The promising outlook for offshore wind is underpinned by policy support in an increasing number of regions. Several European North Seas countries – including the United Kingdom, Germany, the Netherlands and Denmark – have policy targets supporting offshore wind. Although a relative newcomer to the technology, China is quickly building up its offshore wind industry, aiming to develop a project pipeline of 10 GW by 2020. In the United States, state-level targets and federal incentives are set to kick-start the U.S. offshore wind surge in the coming years. Additionally, policy targets are in place and projects under development in Korea, Japan, Chinese Taipei and Viet Nam.

 The synergies between offshore wind and offshore oil and gas activities provide new market opportunities. Since offshore energy operations share technologies and elements of their supply chains, oil and gas companies started investing in offshore wind projects many years ago. We estimate that about 40% of the full lifetime costs of an offshore wind project, including construction and maintenance, have significant synergies with the offshore oil and gas sector. That translates into a market opportunity of $400 billion or more in Europe and China over the next two decades. The construction of foundations and subsea structures offers potential crossover business, as do practices related to the maintenance and inspection of platforms. In addition to these opportunities, offshore oil and gas platforms require electricity that is often supplied by gas turbines or diesel engines, but that could be provided by nearby wind farms, thereby reducing CO2 emissions, air pollutants and costs.

Offshore wind can accelerate clean energy transitions

Offshore wind can help drive energy transitions by decarbonising electricity and by producing low-carbon fuels. Over the next two decades, its expansion could avoid between 5 billion and 7 billion tonnes of CO2 emissions from the power sector globally, while also reducing air pollution and enhancing energy security by reducing reliance on imported fuels. The European Union is poised to continue leading the wind energy at sea in Europe industry in support of its climate goals: its offshore wind capacity is set to increase by at least fourfold by 2030. This growth puts offshore wind on track to become the European Union's largest source of electricity in the 2040s. Beyond electricity, offshore wind's high capacity factors and falling costs makes it a good match to produce low-carbon hydrogen, a versatile product that could help decarbonise the buildings sector and some of the hardest to abate activities in industry and transport. For example, a 1 gigawatt offshore wind project could produce enough low-carbon hydrogen to heat about 250 000 homes. Rising demand for low-carbon hydrogen could also dramatically increase the market potential for offshore wind. Europe is looking to develop offshore "hubs" for producing electricity and clean hydrogen from offshore wind.

It's not all smooth sailing

Offshore wind faces several challenges that could slow its growth in established and emerging markets, but policy makers and regulators can clear the path ahead. Developing efficient supply chains is crucial for the offshore wind industry to deliver low-cost projects. Doing so is likely to call for multibillion-dollar investments in ever-larger support vessels and construction equipment. Such investment is especially difficult in the face of uncertainty. Governments can facilitate investment of this kind by establishing a long-term vision for offshore wind and by drawing on U.K. policy lessons to define the measures to be taken to help make that vision a reality. Long-term clarity would also enable effective system integration of offshore wind, including system planning to ensure reliability during periods of low wind availability.

The success of offshore wind depends on developing onshore grid infrastructure. Whether the responsibility for developing offshore transmission lies with project developers or transmission system operators, regulations should encourage efficient planning and design practices that support the long-term vision for offshore wind. Those regulations should recognise that the development of onshore grid infrastructure is essential to the efficient integration of power production from offshore wind. Without appropriate grid reinforcements and expansion, there is a risk of large amounts of offshore wind power going unused, and opportunities for further expansion could be stifled. Development could also be slowed by marine planning practices, regulations for awarding development rights and public acceptance issues.

The future of offshore wind looks bright but hinges on the right policies

The outlook for offshore wind is very positive as efforts to decarbonise and reduce local pollution accelerate. While offshore wind provides just 0.3% of global electricity supply today, it has vast potential around the world and an important role to play in the broader energy system. Offshore wind can drive down CO2 emissions and air pollutants from electricity generation. It can also do so in other sectors through the production of clean hydrogen and related fuels. The high system value of offshore wind offers advantages that make a strong case for its role alongside other renewables and low-carbon technologies. Government policies will continue to play a critical role in the future of offshore wind and  the overall pace of clean energy transitions around the world.

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Africa Energy Access Funding faces disbursement bottlenecks as SDG 7 goals demand investment in decentralized solar, minigrids, and rural electrification; COVID-19 pressures donors, requiring faster approvals, standardized documentation, and stronger project preparation and due diligence.

Key Points

Financing to expand Africa's electrification, advancing SDG 7 via disbursement to decentralized solar and minigrids.

✅ Accelerates investment for SDG 7 and rural electrification

✅ Prioritizes decentralized solar, minigrids, and utilities

✅ Speeds approvals, standard docs, and project preparation

The time frame from final funding approval to disbursement can be the most painful part of any financing process, and the access-to-electricity sector is not spared.

Amid the global spread of the coronavirus over the last few weeks, there have been several funding pledges to promote access to electricity in Africa. In March, the African Development Bank and other partners committed $160 million for the Facility for Energy Inclusion to boost electricity connectivity in Africa through small-scale solar systems and minigrids. Similarly, the Export-Import Bank of the United States allocated $91.5 million for rural electrification in Senegal.

Rockefeller chief wants to redefine 'energy poverty'

Rajiv Shah, president of The Rockefeller Foundation, believes that SDG 7 on energy access lacks ambition. He hopes to drive an effort to redefine it.

Currently, funding is not being adequately deployed to help achieve universal access to energy. The International Energy Agency’s “Africa Energy Outlook 2019” report estimated that an almost fourfold increase in current annual access-to-electricity investments — approximately $120 billion a year over the next 20 years — is required to provide universal access to electricity for the 530 million people in Africa that still lack it.

While decentralized renewable energy across communities, particularly solar, has been instrumental in serving the hardest-to-reach populations, tracking done by Sustainable Energy for All — in the 20 countries with about 80% of those living without access to sustainable energy — suggests that decentralized solar received only 1.2% of the total electricity funding.

The spread of COVID-19 is contributing significantly to Africa’s electricity challenges across the region, creating a surge in the demand for energy from the very important health facilities, an exponential increase in daytime demand as a result of most people staying and working indoors, and a rise from some food processing companies that have scaled up their business operations to help safeguard food security, among others. Thankfully — and rightly so — access-to-electricity providers are increasingly being recognized as “essential service” providers amid the lockdowns across cities.

To start tackling Africa’s electricity challenges more effectively, “funding-ready” energy providers must be able to access and fulfill the required conditions to draw down on the already pledged funding. What qualifies as “funding readiness” is open to argument, but having a clear, commercially viable business and revenue model that is suitable for the target market is imperative.

Developing the skills required to navigate the due-diligence process and put together relevant project documents is critical and sometimes challenging for companies without prior experience. Typically, the final form of all project-related agreements is a prerequisite for the final funding approval.

In addition, having the right internal structures in place — for example, controls to prevent revenue leakage, an experienced management team, a credible board of directors, and meeting relevant regulatory requirements such as obtaining permits and licenses — are also important indicators of funding readiness.

1. Support for project preparation. Programs — such as the Private Financing Advisory Network and GET.invest’s COVID-19 window — that provide business coaching to energy project developers are key to helping surmount these hurdles and to increasing the chances of these projects securing funding or investment. Donor funding and technical-assistance facilities should target such programs.

2. Project development funds. Equity for project development is crucial but difficult to attract. Special funds to meet this need are essential, such as the $760,000 for the development of small-scale renewable energy projects across sub-Saharan Africa recently approved by the African Development Bank-managed Sustainable Energy Fund for Africa.

3. Standardized investment documentation. Even when funding-ready energy project developers have secured investors, delays in fulfilling the typical preconditions to draw down funds have been a major concern. This is a good time for investors to strengthen their technical assistance by supporting the standardization of approval documents and funding agreements across the energy sector to fast-track the disbursement of funds.

4. Bundled investment approvals and more frequent approval sessions. While we implement mechanisms to hasten the drawdown of already pledged funding, there is no better time to accelerate decision-making for new access-to-electricity funding to ensure we are better prepared to weather the next storm. Donors and investors should review their processes to be more flexible and allow for more frequent meetings of investment committees and boards to approve transactions. Transaction reviews and approvals can also be conducted for bundled projects to reduce transaction costs.

5. Strengthened local capacity. African countries must also commit to strengthening the local manufacturing and technical capacity for access-to-electricity components through fiscal incentives such as extended tax holidays, value-added-tax exemptions, accelerated capital allowances, and increased investment allowances.

The ongoing pandemic and resulting impacts due to lack of electricity have further shown the need to increase the pace of implementation of access-to-electricity projects. We know that some of the required capital exists, and much more is needed to achieve Sustainable Development Goal 7 — about access to affordable and clean energy for all — by 2030.

It is time to accelerate our support for access-to-electricity companies and equip them to draw down on pledged funding, while calling on donors and investors to speed up their funding processes to ensure the electricity gets to those most in need.

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BC Hydro drought operations address climate change impacts with hydropower scheduling, reservoir management, water conservation, inflow forecasting, and fish habitat protection across the Lower Mainland and Vancouver Island while maintaining electricity generation from storage facilities.

Key Points

BC Hydro drought operations conserve water, protect fish, and sustain hydropower during extended heat and low inflows.

✅ Proactive reservoir releases protect downstream salmon spawning.

✅ Reduced flows at Puntledge, Coquitlam, and Ruskin/Stave facilities.

✅ System relies on northern storage to maintain electricity supply.

BC Hydro is adjusting its operating plans around power generation as extended heat and little forecast rain continue to impact the province, a report says.

“Unpredictable weather patterns related to climate change are expected to continue in the years ahead and BC Hydro is constantly adapting to these evolving conditions, especially after events such as record demand in 2021 that tested the grid,” said the report, titled “Casting drought: How climate change is contributing to uncertain weather and how BC Hydro’s generation system is adapting.”

The study said there is no concern with BC Hydro being able to continue to deliver power through the drought because there is enough water at its larger facilities, even as issues like crypto mining electricity use draw scrutiny from observers.

Still, it said, with no meaningful precipitation in the forecast, its smaller facilities in the Lower Mainland and on Vancouver Island will continue to see record low or near record low inflows for this time of the year.

“In the Lower Mainland, inflows since the beginning of September are ranked in the bottom three compared to historical records,” the report said.

The report said the hydroelectric system is directly impacted by variations in weather and the record-setting, unseasonably dry and warm weather this fall highlights the impacts of climate change, while demand patterns can be counterintuitive, as electricity use even increased during Earth Hour 2018 in some areas, hinting at challenges to come.

It noted symptoms of climate change include increased frequency of extreme events like drought and intense storms, and rapid glacial melt.

“With the extremely hot and dry conditions, BC Hydro has been taking proactive steps at many of our South Coast facilities for months to conserve water to protect the downstream fish habit,” spokesperson Mora Scott said. “We began holding back water in July and August at some facilities anticipating the dry conditions to help ensure we would have water storage for the later summer and early fall salmon spawning.”

Scott said BC Hydro’s reservoirs play an important role in managing these difficult conditions by using storage and planning releases to provide protection to downstream river flows. The reservoirs are, in effect, a battery waiting to be used for power.

While the dry conditions have had an impact on BC Hydro’s watersheds, several unregulated natural river systems — not related to BC Hydro — have fared worse, with rivers drying up and thousands of fish killed, the report said.

BC Hydro is currently seeing the most significant impacts on operations at Puntledge and Campbell River on Vancouver Island as well as Coquitlam and Ruskin/Stave in the Lower Mainland.

To help manage water levels on Vancouver Island, BC Hydro reduced Puntledge River flows by one-third last week and on the Lower Mainland reduced flows at Coquitlam by one-third and Ruskin/Stave by one quarter.

However, the utility company said, there are no concerns about continued power delivery.

“British Columbians benefit from BC Hydro’s integrated, provincial electricity system, which helps send power across the province, including to Vancouver Island, and programs like the winter payment plan support customers during colder months,” staff said.

Most of the electricity generated and used in B.C. is produced by larger facilities in the north and southeast of the province — and while water levels in those areas are below normal levels, there is enough water to meet the province’s power needs, even as additions like Site C's electricity remain a subject of debate among observers.

The Glacier Media investigation found a quarter of BC Hydro's power comes from the Mica, Revelstoke and Hugh Keenleyside dams on the Columbia River. Some 29% comes from dams in the Peace region, including the under-construction Site C project that has faced cost overruns. At certain points of the year, those reservoirs are reliant on glacier water.

Still, BC Hydro remains optimistic.

Forecasts are currently showing little rain in the near-term; however, historically, precipitation and inflows show up by the end of October. If that does not happen, BC Hydro said it would continue to closely track weather and inflow forecasts to adapt its operations to protect fish, while regional cooperation such as bridging with Alberta remains part of broader policy discussions.

Among things BC Hydro said it is doing to adapt are:

Continuously working to improve its weather and inflow forecasting;
Expanding its hydroclimate monitoring technology, including custom-made solutions that have been designed in-house, as well as upgrading snow survey stations to automated, real-time snow and climate stations, and;
Investing in capital projects — like spillway gate replacements — that will increase resiliency of the system to climate change.

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BC Hydro COVID-19 Site C updates detail monitoring, self-isolation at the work camp, Northern Health coordination, social distancing, reduced staffing, progress on diversion tunnels, Highway 29 realignment, and public reports to Peace River Regional District.

Key Points

Regular reports on COVID-19 monitoring, isolation protocols, staffing, and Site C work with Northern Health.

✅ Daily updates to Peace River Regional District

✅ Isolation rooms reserved in camp dorms

✅ Construction continues with social distancing

BC Hydro says it will begin giving regular updates to the public and the Peace River Regional District about its monitoring of the coronavirus COVID-19 at Site C, reflecting broader industry alerts such as a U.S. grid warning on pandemic risks.

BC Hydro met with the Peace River Regional District Sunday via phone call to discuss the forthcoming measures.

"We did a make a commitment to provide regular updates to Peace River Regional District member communities on an ongoing basis," said spokesman Dave Conway.

"(It's) certainly one of the things that we heard that they want and we heard that strongly and repeatedly."

Conway said updates could be posted as early as Monday on BC Hydro's website for the project.

As of March 23, there were sixteen people in self-isolation at the work camp just outside Fort St. John. Conway did not know how many of the workers have been tested for the virus, but said there are no confirmed cases on site. Provincial guidelines are being followed, he said.

"If they show any of the following symptoms, so sneezing, sore throat, muscle aches, headaches, coughs, or difficulty breathing, they're isolated for 14 days," Conway said.

"We're being very cautious of our application of the guidelines. We're asking anybody to self isolate if they have any slight symptoms."

BC Hydro has set aside one 30-room dorm at the camp for workers who need to isolate themselves, similar to measures in other jurisdictions where the power industry may house staff on-site to maintain operations, and has another four dorms with another 120 rooms that can be used as necessary. Conway could not immediately say whether additional rooms at hotels or at its apartment block have also been reserved.

There have been  700 workers home since a scale-back in construction was announced on March 18, and more workers are expected to be sent home this week. There were 940 people in camp on March 23, Conway said.

"To put that into perspective, the number of people staying in camp at this time of year, based on previous years, usually averages around 1,700," Conway said.

Brad Sperling, board chair for the Peace River Regional District, said BC Hydro has committed to formulating a strategy over the next few days to keep local government and public informed.

Electoral director Karen Goodings said she was pleased by that, and that it's important to everyone that BC Hydro works with Northern Health and adheres to provincial guidelines.

"The senior governments are critical to what measures will be undertaken not only on the project, including the camp, but also on the rules around transportation of workers and on addressing workplace conduct investigations at other utilities," Goodings wrote in an email.

On Sunday, the Site C leisure bus was seen at Totem Mall with two passengers on board.

Conway said the ongoing use of the shuttle is being monitored and evaluated, and is operating under social distancing and extra cleaning guidelines aligned with public transportation changes that have come under BC Transit.

The bus makes 10 trips per day from the camp, with an average of two passengers per trip, Conway said.

"We still have, of course, people in camp, and it's an opportunity for guests to get out and go for a walk and re-provision themselves for essentials for personal needs," Conway said.

Construction of the river diversion tunnels continues to meet a fall deadline, while work also carries on to realign Highway 29, build the transmission line, and clear the valley and future reservoir. Other site security and environmental monitoring work also continues, as utilities confront a dangerous dam-climbing trend driven by social media.

BC Hydro has said measures have been put into place, amid concerns similar to those voiced by nuclear plant workers about precautions at industrial sites, to minimize the potential spread of the COVID-19 on site, such as closing the camp gym and theatre, eliminating self serve dining stations, as well as non-essential travel, tours, and meetings.

Some workers, however, have raised worries about the tight working conditions on site, noting field safety incidents that highlight risks in the sector.

The province announced Monday 48 new cases in B.C., including one more in the Northern Health region, bringing the region's total to five, while Saskatchewan's numbers show how the crisis has reshaped that province. Their precise whereabouts are not being reported by B.C. public health officials.

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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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EU Electricity Market Reform CFDs seek stable prices via contracts for difference, balancing renewables and nuclear, shielding consumers, and boosting competitiveness as France and Germany clash over scope, grid expansion, and hydrogen production.

Key Points

EU framework using contracts for difference to stabilize power prices, support renewables and nuclear, and protect users.

✅ Guarantees strike prices for new low-carbon generation

✅ Balances consumer protection with industrial competitiveness

✅ Disputed scope: nuclear inclusion, grids, hydrogen eligibility

Despite record temperatures this October, Europe is slowly shifting towards winter - its second since the Ukraine war started and prompted Russia to cut gas supplies to the continent amid an energy crisis that has reshaped policy.

After prices surged last winter, when gas and electricity bills “nearly doubled in all EU capitals”, the EU decided to take emergency measures to limit prices.

In March, the European Commission proposed a reform to revamp the electricity market “to boost renewables, better protect consumers and enhance industrial competitiveness”.

However, France and Germany are struggling to find a compromise as rolling back prices is tougher than it appears and the clock is ticking as European energy ministers prepare to meet on 17 October in Luxembourg.

The controversy around CFDs
At the heart of the issue are contracts for difference (CFDs).

By providing a guaranteed price for electricity, CFDs aim to support investment in renewable energy projects.

France - having 56 nuclear reactors - is lobbying for nuclear energy to be included in the CFDs, but this has caught the withering eye of Germany.

Berlin suspects Paris of wanting an exception that would give its industry a competitive advantage and plead that it should only apply to new investments.

France wants ‘to regain control of the price’
The disagreement is at the heart of the bilateral talks in Hamburg, which started on Monday, between the French and German governments.

French President Emmanuel Macron promised “to regain control of the price of electricity, at the French and European level” and outlined a new pricing scheme in a speech at the end of September.

As gas electricity is much more expensive than nuclear electricity, France might be tempted to switch to a national system rather than a European one after a deal with EDF on prices to be more competitive economically.

However, France is "confident" that it will reach an agreement with Germany on electricity market reforms, Macron said on Friday.

Siding with France are other pro-nuclear countries such as Hungary, the Czech Republic and Poland, while Germany can count on the support of Austria, Luxembourg, Belgium and Italy amid opposition from nine EU countries to treating market reforms as a price fix.

But even if a last-minute agreement is reached, the two countries’ struggles over energy are creeping into all current European negotiations on the subject.

Germany wants a massive extension of electricity grids on the continent so that it can import energy; France is banking on energy sovereignty and national production.

France wants to be able to use nuclear energy to produce clean hydrogen, while Germany is reluctant, and so on.

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