We've only just begun planning energy future

By Dallas Morning News


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For months, momentum was building.

What began as a power plant protest by the usual suspects – environmental groups – eventually gained steam and supporters from across the political spectrum. A broad coalition of leaders began pressuring the state to change its approach to energy and environmental regulations.

Then came news that private equity firms planned to purchase TXU and scrap proposals for eight coal-fired power plants.

While the buyout has brought encouraging developments and promises of clean energy, this bolt from the blue also has left some leaders at loose ends, wondering: What next? With TXU's building spree off the table, some opponents are even contemplating whether to simply declare victory and move on.

But in fact, much remains to be done.

A change at the top of TXU doesn't answer big-picture questions about how to keep the lights on while minimizing pollution. And even with eight plants off the table, the coal controversy continues. TXU's buyers propose building three lignite plants, and other utilities are seeking permits for at least five more coal units.

That's why we remain convinced that a temporary moratorium on coal plants is Texas' best bet for plotting long-term energy strategy.

Approving legislation halting the permitting process would give lawmakers and other stakeholders breathing room to develop a comprehensive plan focused on clean energy and air quality.

The state's piecemeal approach to regulating power and pollution has been exposed as insufficient. Accordingly, legislators still must summon the political will to revamp policies that have favored polluters over public health.

A short-term coal moratorium would not impede progress. Rather, the delay would facilitate a more forward-looking approach.

During this timeout, lawmakers and regulators should tackle a lengthy to-do list that includes:

• Studying the impact TXU's proposed lignite plants would have on air quality. Coal is the dirtiest of all fossil fuels, and lignite is the most pollution-intensive coal. The proposed plants are somewhat of a stopgap measure aimed at meeting short-term energy needs, but their Central Texas location is bad news for Austin's already polluted air. State regulators should consider the consequences of green-lighting lignite plants that could foul the air far into the future.

• Approving legislation that would close loopholes in environmental laws, require utilities to use the cleanest available technology and encourage energy efficiency. Dozens of bills, all variations on the themes of clean air and clean power, have been filed in Austin. Instead of responding to utilities' proposals after the fact, lawmakers should craft policies that anticipate our energy demands and consider how best to power the grid.

• Evaluating other states' best practices and adapting their ideas to our needs. Texas isn't plowing new ground as it wrestles with growing power needs and polluted air. Several other state governments have been out in front with blue-ribbon committees and big ideas about powering the future.

• Appointing a state energy team that will take the long view as it addresses power production and consumption. The current first-come, first-served approach to building power plants puts our air quality at risk. Texas needs a holistic strategy that encourages clean energy and ensures that public health is protected.

To be sure, TXU's willingness to abandon its fast-tracked plans for eight coal plants helped avert an immediate crisis. But larger issues still must be resolved. Enacting a temporary moratorium on coal plants would allow environmentally minded leaders time to finish what they started.

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Europe’s Big Oil Companies Are Turning Electric

European Oil Majors Energy Transition highlights BP, Shell, and Total rapidly scaling renewables, wind and solar assets, hydrogen, electricity, and EV charging while cutting upstream capex, aligning with net-zero goals and utility-style energy services.

 

Key Points

It is the shift by BP, Shell, Total and peers toward renewables, electricity, hydrogen, and EV charging to meet net-zero goals.

✅ Offshore wind, solar, and hydrogen projects scale across Europe

✅ Capex shifts, fossil output declines, net-zero targets by 2050

✅ EV charging, utilities, and power trading become core services

 

Under pressure from governments and investors, including rising investor pressure at utilities that reverberates across the sector, industry leaders like BP and Shell are accelerating their production of cleaner energy.

This may turn out to be the year that oil giants, especially in Europe, started looking more like electric companies.

Late last month, Royal Dutch Shell won a deal to build a vast wind farm off the coast of the Netherlands. Earlier in the year, France’s Total, which owns a battery maker, agreed to make several large investments in solar power in Spain and a wind farm off Scotland. Total also bought an electric and natural gas utility in Spain and is joining Shell and BP in expanding its electric vehicle charging business.

At the same time, the companies are ditching plans to drill more wells as they chop back capital budgets. Shell recently said it would delay new fields in the Gulf of Mexico and in the North Sea, while BP has promised not to hunt for oil in any new countries.

Prodded by governments and investors to address climate change concerns about their products, Europe’s oil companies are accelerating their production of cleaner energy — usually electricity, sometimes hydrogen — and promoting natural gas, which they argue can be a cleaner transition fuel from coal and oil to renewables, as carbon emissions drop in power generation.

For some executives, the sudden plunge in demand for oil caused by the pandemic — and the accompanying collapse in earnings — is another warning that unless they change the composition of their businesses, they risk being dinosaurs headed for extinction.

This evolving vision is more striking because it is shared by many longtime veterans of the oil business.

“During the last six years, we had extreme volatility in the oil commodities,” said Claudio Descalzi, 65, the chief executive of Eni, who has been with that Italian company for nearly 40 years. He said he wanted to build a business increasingly based on green energy rather than oil.

“We want to stay away from the volatility and the uncertainty,” he added.

Bernard Looney, a 29-year BP veteran who became chief executive in February, recently told journalists, “What the world wants from energy is changing, and so we need to change, quite frankly, what we offer the world.”

The bet is that electricity will be the prime means of delivering cleaner energy in the future and, therefore, will grow rapidly as clean-energy investment incentives scale globally.

American giants like Exxon Mobil and Chevron have been slower than their European counterparts to commit to climate-related goals that are as far reaching, analysts say, partly because they face less government and investor pressure (although Wall Street investors are increasingly vocal of late).

“We are seeing a much bigger differentiation in corporate strategy” separating American and European oil companies “than at any point in my career,” said Jason Gammel, a veteran oil analyst at Jefferies, an investment bank.

Companies like Shell and BP are trying to position themselves for an era when they will rely much less on extracting natural resources from the earth than on providing energy as a service tailored to the needs of customers — more akin to electric utilities than to oil drillers.

They hope to take advantage of the thousands of engineers on their payrolls to manage the construction of new types of energy plants; their vast networks of retail stations to provide services like charging electric vehicles; and their trading desks, which typically buy and hedge a wide variety of energy futures, to arrange low-carbon energy supplies for cities or large companies.

All of Europe’s large oil companies have now set targets to reduce the carbon emissions that contribute to climate change. Most have set a ”net zero” ambition by 2050, a goal also embraced by governments like the European Union and Britain.

The companies plan to get there by selling more and more renewable energy and by investing in carbon-free electricity across their portfolios, and, in some cases, by offsetting emissions with so-called nature-based solutions like planting forests to soak up carbon.

Electricity is the key to most of these strategies. Hydrogen, a clean-burning gas that can store energy and generate electric power for vehicles, also plays an increasingly large role.

The coming changes are clearest at BP. Mr. Looney said this month that he planned to increase investment in low-emission businesses like renewable energy by tenfold in the next decade to $5 billion a year, while cutting back oil and gas production by 40 percent. By 2030, BP aims to generate renewable electricity comparable to a few dozen large offshore wind farms.

Mr. Looney, though, has said oil and gas production need to be retained to generate cash to finance the company’s future.

Environmentalists and analysts described Mr. Looney’s statement that BP’s oil and gas production would decline in the future as a breakthrough that would put pressure on other companies to follow.

BP’s move “clearly differentiates them from peers,” said Andrew Grant, an analyst at Carbon Tracker, a London nonprofit. He noted that most other oil companies had so far been unwilling to confront “the prospect of producing less fossil fuels.”

While there is skepticism in both the environmental and the investment communities about whether century-old companies like BP and Shell can learn new tricks, they do bring scale and know-how to the task.

“To make a switch from a global economy that depends on fossil fuels for 80 percent of its energy to something else is a very, very big job,” said Daniel Yergin, the energy historian who has a forthcoming book, “The New Map,” on the global energy transition now occurring in energy. But he noted, “These companies are really good at big, complex engineering management that will be required for a transition of that scale.”

Financial analysts say the dreadnoughts are already changing course.

“They are doing it because management believes it is the right thing to do and also because shareholders are severely pressuring them,” said Michele Della Vigna, head of natural resources research at Goldman Sachs.

Already, he said, investments by the large oil companies in low-carbon energy have risen to as much as 15 percent of capital spending, on average, for 2020 and 2021 and around 50 percent if natural gas is included.

Oswald Clint, an analyst at Bernstein, forecast that the large oil companies would expand their renewable-energy businesses like wind, solar and hydrogen by around 25 percent or more each year over the next decade.

Shares in oil companies, once stock market stalwarts, have been marked down by investors in part because of the risk that climate change concerns will erode demand for their products. European electric companies are perceived as having done more than the oil industry to embrace the new energy era.

“It is very tricky for an investor to have confidence that they can pull this off,” Mr. Clint said, referring to the oil industry’s aspirations to change.

But, he said, he expects funds to flow back into oil stocks as the new businesses gather momentum.

At times, supplying electricity has been less profitable than drilling for oil and gas. Executives, though, figure that wind farms and solar parks are likely to produce more predictable revenue, partly because customers want to buy products labeled green.

Mr. Descalzi of Eni said converted refineries in Venice and Sicily that the company uses to make lower-carbon fuel from plant matter have produced better financial results in this difficult year than its traditional businesses.

Oil companies insist that they must continue with some oil and gas investments, not least because those earnings can finance future energy sources. “Not to make any mistake,” Patrick Pouyanné, chief executive of Total, said to analysts recently: Low-cost oil projects will be a part of the future.

During the pandemic, BP, Total and Shell have all scrutinized their portfolios, partly to determine if climate change pressures and lingering effects from the pandemic mean that petroleum reserves on their books — developed for perhaps billions of dollars, when oil was at the center of their business — might never be produced or earn less than previously expected. These exercises have led to tens of billions of dollars of write-offs for the second quarter, and there are likely to be more as companies recalibrate their plans.

“We haven’t seen the last of these,” said Luke Parker, vice president for corporate analysis at Wood Mackenzie, a market research firm. “There will be more to come as the realities of the energy transition bite.”

 

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Alliant aims for carbon-neutral electricity, says plans will save billions for ratepayers

Alliant Energy Net-Zero Carbon Plan outlines carbon-neutral electricity by 2050, coal retirements by 2040, major solar and wind additions, gas transition, battery storage, hydrogen, and carbon credits to reduce emissions and lower customer costs.

 

Key Points

Alliant Energy's strategy to reach carbon-neutral power by 2050 via coal phaseout, renewables, storage, and offsets.

✅ Targets net-zero electricity by 2050

✅ Retires all coal by 2040; expands solar and wind

✅ Uses storage, hydrogen, and offsets to bridge gaps

 

Alliant Energy has joined a small but growing group of utilities aiming for carbon-neutral electricity by 2050.

In a report released Wednesday, the Madison-based company announced a goal of “net-zero carbon dioxide emissions” from its electricity generation along with plans to eliminate all coal-powered generation by 2040, a decade earlier than the company’s previous target.

Alliant, which is pursuing plans that would make it the largest solar energy generator in Wisconsin, said it is on track to cut its 2005 carbon emissions in half by 2030.

Both goals are in line with targets an international group of scientists warn is necessary to avoid the most catastrophic impacts of climate change. But reducing greenhouse gasses was not the primary motivation, said executive vice president and general counsel Jim Gallegos.

“The primary driver is focused on our customers and communities and setting them up … to be competitive,” Gallegos said. “We do think renewables are going to do it better than fossil fuels.”

Alliant has told regulators it can save customers up to $6.5 billion over the next 35 years by adding more than 1,600 megawatts of renewable generation, closing one of its two remaining Wisconsin coal plants and taking other undisclosed actions.

In a statement, Alliant chairman and CEO John Larsen said the goal is part of broader corporate and social responsibility efforts “guided by our strategy and designed to deliver on our purpose — to serve customers and build stronger communities.”

Coal out; gas remains
The goal applies only to Alliant’s electricity generation — the company has no plans to stop distributing natural gas for heating — and is “net-zero,” meaning the company could use some form of carbon capture or purchase carbon credits to offset continuing emissions.

The plan relies heavily on renewable generation — seen in regions embracing clean power across North America — including the addition of up to 1,000 megawatts of new Wisconsin solar plants by the end of 2023 and 1,000 megawatts of Iowa wind generation added over the past four years — as well as natural gas generators to replace its aging coal fleet.

But Jeff Hanson, Alliant’s director of sustainability, said eliminating or offsetting all carbon emissions will require new tools, such as battery storage or possibly carbon-free fuels such as hydrogen, and awareness of the Three Mile Island debate over the role of nuclear power in the mix.

“Getting to the 2040 goals, that’s all based on the technologies of today,” Hanson said. “Can we get to net zero today? The challenge would be a pretty high bar to clear.”

Gallegos said the plan does not call for the construction of more large-scale natural gas generators like the recently completed $700 million West Riverside Energy Center in Beloit, though natural gas will remain a key piece of Alliant’s generation portfolio.

Alliant announced plans in May to close its 400-megawatt Edgewater plant in Sheboygan by the end of 2022, echoing how Alberta is retiring coal by 2023 as markets shift, but has not provided a date for the shutdown of the jointly owned 1,100-megawatt Columbia Energy Center near Portage, which received about $1 billion worth of pollution-control upgrades in the past decade.

Alliant’s Iowa subsidiary plans to convert its 52-year-old, 200-megawatt Burlington plant to natural gas by the end of next year and a pair of small coal-fired generators in Linn County by 2025. That leaves the 250-megawatt plant in Lansing, which is now 43 years old, and the 734-megawatt Ottumwa plant as the remaining coal-fired generators, even as others keep a U.S. coal plant running indefinitely elsewhere.

Earlier this year, the utility asked regulators to approve a roughly $900 million investment in six solar farms across the state with a total capacity of 675 megawatts, similar to plans in Ontario to seek new wind and solar to address supply needs. The company plans to apply next year for permission to add up to 325 additional megawatts.

Alliant said the carbon-neutral plan, which entails closing Edgewater along with other undisclosed actions, would save customers between $2 billion and $6.5 billion through 2055 compared to the status quo.

Tom Content, executive director of the Citizens Utility Board, said the consumer advocacy group wants to ensure that ratepayers aren’t forced to continue paying for coal plants that are no longer needed while also paying for new energy sources and would like to see a bigger role for energy efficiency and more transparency about the utilities’ pathways to decarbonization.

‘They could do better’
Environmental groups said the announcement is a step in the right direction, though they say utilities need to do even more to protect the environment and consumers.

Amid competition from cheaper natural gas and renewable energy and pressure from environmentally conscious investors, U.S. utilities have been closing coal plants at a record pace in recent years, as industry CEOs say a coal comeback is unlikely in the U.S., a trend that is expected to continue through the next decade.

“This is not industry leadership when we’re talking about emission reductions,” said Elizabeth Katt Reinders, regional campaign director for the Sierra Club, which has called on Alliant to retire the Columbia plant by 2026.

Closing Edgewater and Columbia would get Alliant nearly halfway to its emissions goals while saving customers more than $250 million over the next decade, according to a Sierra Club study released earlier this year.

“Retiring Edgewater was a really good decision. Investing in 1,000 megawatts of new solar is game-changing for Wisconsin,” Katt Reinders said. “In the same breath we can say this emissions reduction goal is unambitious. Our analysis has shown they can do far more far sooner.”

Scott Blankman, a former Alliant executive who now works as director of energy and air programs for Clean Wisconsin, said Alliant should not run the Columbia plant for another 20 years.

“If they’re saying they’re looking to get out of coal by 2040 in Wisconsin I’d be very disappointed,” Blankman said. “I do think they could do better.”

Alliant is the 15th U.S. investor-owned utility to set a net-zero target, according to the Natural Resources Defense Council, joining Madison Gas and Electric, which announced a similar goal last year. Minnesota-based Xcel Energy, which serves customers in western Wisconsin, was the first large investor-owned utility to set such a target, as state utilities report declining returns in coal operations.

 

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LNG powered with electricity could be boon for B.C.'s independent power producers

B.C. LNG Electrification embeds clean hydro and wind power into low-emission liquefied natural gas, cutting carbon intensity, enabling coal displacement in Asia, and opening grid-scale demand for independent power producers and ITMO-based climate accounting.

 

Key Points

Powering LNG with clean electricity cuts carbon intensity, displaces coal, and grows demand for B.C.'s clean power.

✅ Electric-drive LNG cuts emissions intensity by up to 80%.

✅ Creates major grid load, boosting B.C. independent power producers.

✅ Enables ITMO crediting when coal displacement is verified.

 

B.C. has abundant clean power – if only there was a way to ship those electrons across the sea to help coal-dependent countries reduce their emissions, and even regionally, Alberta–B.C. grid link benefits could help move surplus power domestically.

Natural gas that is liquefied using clean hydro and wind power and then exported would be, in a sense, a way of embedding B.C.’s low emission electricity in another form of energy, and, alongside the Canada–Germany clean energy pact, part of a broader export strategy.

Given the increased demand that could come from an LNG industry – especially one that moves towards greater electrification and, as the IEA net-zero electricity report notes, broader system demand – poses some potentially big opportunities for B.C.’s clean energy independent power sector, as those attending the Clean Energy Association of BC's annual at the Generate conference heard recently.

At a session on LNG electrification, delegates were told that LNG produced in B.C. with electricity could have some significant environmental benefits.

Given how much power an LNG plant that uses electric drive consumes, an electrified LNG industry could also pose some significant opportunities for independent power producers – a sector that had the wind taken out of its sails with the sanctioning of the Site C dam project.

Only one LNG plant being built in B.C. – Woodfibre LNG – will use electric drive to produce LNG, although the companies behind Kitimat LNG have changed their original design plans, and now plan to use electric drive drive as well.

Even small LNG plants that use electric drive require a lot of power.

“We’re talking about a lot of power, since it’s one of the biggest consumers you can connect to a grid,” said Sven Demmig, head of project development for Siemens.

Most LNG plants still burn natural gas to drive the liquefaction process – a choice that intersects with climate policy and electricity grids in Canada. They typically generate 0.35 tonnes of CO2e per tonne of LNG produced.

Because it will use electric drive, LNG produced by Woodfibre LNG will have an emissions intensity that is 80% less than LNG produced in the Gulf of Mexico, said Woodfibre president David Keane.

In B.C., the benchmark for GHG intensities for LNG plants has been set at 0.16 tonnes of CO2e per tonne of LNG. Above that, LNG producers would need to pay higher carbon taxes than those that are below the benchmark.

The LNG Canada plant has an intensity of 0.15 tonnes og CO2e per tonne of LNG. Woodfibre LNG will have an emissions intensity of just 0.059, thanks to electric drive.

“So we will be significantly less than any operating facility in the world,” Keane said.

Keane said Sinopec has recently estimated that it expects China’s demand for natural gas to grow by 82% by 2030.

“So China will, in fact, get its gas supply,” Keane said. “The question is: where will that supply come from?

“For every tonne of LNG that’s being produced today in the United States -- and tonne of LNG that we’re not producing in Canada -- we’re seeing about 10 million tonnes of carbon leakage every single year.”

The first Canadian company to produce LNG that ended up in China is FortisBC. Small independent operators have been buying LNG from FortisBC’s Tilbury Island plant and shipping to China in ISO containers on container ships.

David Bennett, director of communications for FortisBC, said those shipments are traced to industries in China that are, indeed, using LNG instead of coal power now.

“We know where those shipping containers are going,” he said. “They’re actually going to displace coal in factories in China.”

Verifying what the LNG is used for is important, if Canadian producers want to claim any kind of climate credit. LNG shipped to Japan or South Korea to displace nuclear power, for example, would actually result in a net increase in GHGs. But used to displace coal, the emissions reductions can be significant, since natural gas produces about half the CO2 that coal does.

The problem for LNG producers here is B.C.’s emissions reduction targets as they stand today. Even LNG produced with electricity will produce some GHGs. The fact that LNG that could dramatically reduce GHGs in other countries, if it displaces coal power, does not count in B.C.’s carbon accounting.

Under the Paris Agreement, countries agree to set their own reduction targets, and, for Canada, cleaning up Canada’s electricity remains critical to meeting climate pledges, but don’t typically get to claim any reductions that might result outside their own country.

Canada is exploring the use of Internationally Transferred Mitigation Outcomes (ITMO) under the Under the Paris Agreement to allow Canada to claim some of the GHG reductions that result in other countries, like China, through the export of Canadian LNG.

“For example, if I were producing 4 million tonnes of greenhouse gas emissions in B.C. and I was selling 100% of my LNG to China, and I can verify that they’re replacing coal…they would have a reduction of about 60 or million tonnes of greenhouse gas emissions,” Keane said.

“So if they’re buying 4 million tonnes of emissions from us, under these ITMOs, then they have net reduction of 56 million tonnes, we’d have a net increase of zero.”

But even if China and Canada agreed to such a trading arrangement, the United Nations still hasn’t decided just how the rules around ITMOs will work.

 

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Alberta sets new electricity usage record during deep freeze

Alberta Electricity Demand Record surges during a deep freeze, as AESO reports peak load in megawatts and ENMAX notes increased usage in Calgary and Edmonton, with thermostats up amid a cold snap straining power grid.

 

Key Points

It is the highest electricity peak load recorded by AESO, reflecting maximum grid usage during cold snaps.

✅ AESO reported 11,729 MW peak during the deep freeze

✅ ENMAX saw a 13 percent demand jump week over week

✅ Cold snap drove thermostats up in Calgary and Edmonton

 

Albertans are cranking up their thermostats and blasting heat into their homes at overwhelmingly high rates as the deep freeze continues across the region. 

It’s so cold that the province set a new all-time record Tuesday evening for electricity usage. 

According to the Alberta Electric System Operator (AESO), as electricity prices spike in Alberta during extreme demand, 11,729 MW of power was used around 7 p.m. Tuesday, passing the previous record set in January of last year by 31 MW.

Temperatures reached a low of -29 C in Calgary, where rising electricity bills have strained budgets, on Tuesday while Edmonton saw a low of -30 C, according to Environment Canada. Wind chill  made it feel closer to -40.

“That increase — 31 Megawatts — is sizeable and about the equivalent of a moderately sized generation facility,” said AESO communications director, Mike Deising. 

“We do see higher demand in winter because it’s cold and it’s dark and that’s really exactly what we’re seeing right now as demand goes up, people turn on their lights and turn up their furnaces,” and with the UCP scrapping the price cap earlier that’s really exactly what we’re seeing right now as demand goes up, people turn on their lights and turn up their furnaces.”

Deising adds Alberta’s electricity usage over the last year has actually been much lower than average, though experts urge Albertans to lock in rates amid expected volatility, despite more people staying home during the pandemic. 

That trend was continuing into 2021, but as Alberta's rising electricity prices draw attention, it’s expected that more records could be broken. 

“If the cold snap continues we may likely set another record (Wednesday) or (Thursday), depending on what happens with the temperatures,” he said. 

Meanwhile, ENMAX has reported an average real-time system demand of 1,400 MW for the city of Calgary. 

That amount is still a far cry from the current season record of 1,619 MW (Aug. 18, 2020), the all-time winter record of 1,653MW (Dec. 2, 2013), and the all-time summer record of 1,692 MW (Aug. 10, 2018). 

ENMAX says electricity demand has increased quite significantly over the past week — by about 13 per cent — since the cold snap set in. 

As a result, the energy company is once again rolling out its ‘Winter Wise’ campaign in an effort to encourage Calgarians to manage both electricity and natural gas use in the winter, even as a consumer price cap on power bills is enabled by new legislation.

 

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New EPA power plant rules will put carbon capture to the test

CCUS in the U.S. Power Sector drives investments as DOE grants, 45Q tax credits, and EPA carbon rules spur carbon capture, geologic storage, and utilization, while debates persist over costs, transparency, reliability, and emissions safeguards.

 

Key Points

CCUS captures CO2 from power plants for storage or use, backed by 45Q tax credits, DOE funding, and EPA carbon rules.

✅ DOE grants and 45Q credits aim to de-risk project economics.

✅ EPA rules may require capture rates to meet emissions limits.

✅ Transparency and MRV guard against tax credit abuse.

 

New public and private funding, including DOE $110M for CCUS announced recently, and expected strong federal power plant emissions reduction standards have accelerated electricity sector investments in carbon capture, utilization and storage,’ or CCUS, projects but some worry it is good money thrown after bad.

CCUS separates carbon from a fossil fuel-burning power plant’s exhaust through carbon capture methods for geologic storage or use in industrial and other applications, according to the Department of Energy. Fossil fuel industry giants like Calpine and Chevron are looking to take advantage of new federal tax credits and grant funding for CCUS to manage potentially high costs in meeting power plant performance requirements, amid growing investor pressure for climate reporting, including new rules, expected from EPA soon, on reducing greenhouse gas emissions from existing power plants.

Power companies have “ambitious plans” to add CCUS to power plants, estimated to cause 25% of U.S. CO2 emissions. As a result, the power sector “needs CCUS in its toolkit,” said DOE Office of Fossil Energy and Carbon Management Assistant Secretary Brad Crabtree. Successful pilots and demonstrations “will add to investor confidence and lead to more deployment” to provide dispatchable clean energy, including emerging CO2-to-electricity approaches for power system reliability after 2030,| he added.

But environmentalists and others insist potentially cost-prohibitive CCUS infrastructure, including CO2 storage hub initiatives, must still prove itself effective under rigorous and transparent federal oversight.

“The vast majority of long-term U.S. power sector needs can be met without fossil generation, and better options are being deployed and in development,” Sierra Club Senior Advisor, Strategic Research and Development, Jeremy Fisher, said, pointing to carbon-free electricity investments gaining momentum in the market. CCUS “may be needed, but without better guardrails, power sector abuses of federal funding could lead to increased emissions and stranded fossil assets,” he added.

New DOE CCUS project grants, an increased $85 per metric ton, or tonne, federal 45Q tax credit, and the forthcoming EPA power plant carbon rules and the federal coal plan will do for CCUS what similar policies did for renewables, advocates and opponents agreed. But controversial past CCUS performance and tax credit abuses must be avoided with transparent reporting requirements for CO2 capture, opponents added.

 

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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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