Massachusetts Energy Code Updates align DOER regulations with BBRS standards, advancing Stretch Code and Specialized Code beyond the Base Energy Code to accelerate net-zero construction, electrification, and high-efficiency building performance across municipal opt-in communities.

Key Points

They are DOER-led changes to Base, Stretch, and Specialized Codes to drive net-zero, electrified, efficient buildings.

✅ Updates apply Base, Stretch, or opt-in Specialized Code.

✅ Targets net-zero by 2050 with electrification-first design.

✅ Municipalities choose code path via City Council or Town Meeting.

Massachusetts will soon see significant updates to the energy codes that govern the construction and alteration of buildings throughout the Commonwealth.

As required by the 2021 climate bill, the Massachusetts Department of Energy Resources (DOER) has recently finalized regulations updating the current Stretch Energy Code, previously promulgated by the state's Board of Building Regulations and Standards (BBRS), and establishing a new Specialized Code geared toward achieving net-zero building energy performance.

The final code has been submitted to the Joint Committee on Telecommunications, Utilities, and Energy for review as required under state law, amid ongoing Connecticut market overhaul discussions that could influence regional dynamics.

Under the new regulations, each municipality must apply one of the following:

Base Energy Code - The current Base Energy Code is being updated by the BBRS as part of its routine updates to the full set of building codes. This base code is the default if a municipality has not opted in to an alternative energy code.

Stretch Code - The updated Stretch Code creates stricter guidelines on energy-efficiency for almost all new constructions and alterations in municipalities that have adopted the previous Stretch Code, paralleling 100% carbon-free target in Minnesota and elsewhere to support building decarbonization. The updated Stretch Code will automatically become the applicable code in any municipality that previously opted-in to the Stretch Code.

Specialized Code - The newly created Specialized Code includes additional requirements above and beyond the Stretch Code, designed to get to ensure that new construction is consistent with a net-zero economy by 2050, similar to Canada's clean electricity regulations that set a 2050 decarbonization pathway. Municipalities must opt-in to adopt the Specialized Code by vote of City Council or Town Meeting.

The new codes are much too detailed to summarize in a blog post. You can read more here. Without going into those details here, it is worth noting a few significant policy implications of the new regulations:

With roughly 90% of Massachusetts municipalities having already adopted the prior version of the Stretch Code, the Commonwealth will effectively soon have a new base code that, even if it does not mandate zero-energy buildings, is nonetheless very aggressive in pushing new construction to be as energy-efficient as possible, as jurisdictions such as Ontario clean electricity regulations continue to reshape the power mix.

Although some concerns have been raised about the cost of compliance, particularly in a period of high inflation, and amid solar demand charge debates in Massachusetts, our understanding is that many developers have indicated that they can work with the new regulations without significant adverse impacts.

Of course, the success of the new codes depends on the success of the Commonwealth's efforts to transition quickly to a zero-carbon electrical grid, supported by initiatives like the state's energy storage solicitation to bolster reliability. If the cost of doing so is higher than expected, there could well be public resistance. If new transmission doesn't get built out sufficiently quickly or other problems occur, such that the power is not available to electrify all new construction, that would be a much more significant problem - for many reasons!

In short, the new regulations unquestionably set the Commonwealth on a course to electrify new construction and squeeze carbon emissions out of new buildings. However, as with the rest of our climate goals, there are a lot of moving pieces, including proposals for a clean electricity standard shaping the power sector that are going to have to come together to make the zero-carbon economy a reality.

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Irving Oil hydrogen electrolyzer expands green hydrogen capacity at the Saint John refinery with Plug Power technology, cutting carbon emissions, enabling clean fuel for buses, and supporting Atlantic Canada decarbonization and renewable grid integration.

Key Points

A 5 MW Plug Power unit at Irving's Saint John refinery producing low-carbon hydrogen via electrolysis.

✅ Produces 2 tonnes/day, enough to fuel about 60 hydrogen buses

✅ Uses grid power; targets cleaner supply via renewables and nuclear

✅ First Canadian refinery investing in electrolyzer technology

Irving Oil is expanding hydrogen capacity at its Saint John, N.B., refinery in a bid to lower carbon emissions and offer clean energy to customers.

The family-owned company said Tuesday it has a deal with New York-based Plug Power Inc. to buy a five-megawatt hydrogen electrolyzer that will produce two tonnes of hydrogen a day — equivalent to fuelling 60 buses with hydrogen — using electricity from the local grid and drawing on examples such as reduced electricity rates proposed in Ontario to grow the hydrogen economy.

Hydrogen is an important part of the refining process as it's used to lower the sulphur content of petroleum products like diesel fuel, but most refineries produce hydrogen using natural gas, which creates carbon dioxide emissions and raises questions explored in hydrogen's future for power companies in the energy sector.

"Investing in a hydrogen electrolyzer allows us to produce hydrogen in a very different way," Irving director of energy transition Andy Carson said in an interview.

"Instead of using natural gas, we're actually using water molecules and electricity through the electrolysis process to produce ... a clean hydrogen."

Irving plans to continue to work with others in the province to decarbonize the grid amid pressures like Ontario's push into energy storage as electricity supply tightens and ensure the electricity being used to power its hydrogen electrolyzer is as clean as possible, he said.

N.B. Power's electrical system includes 14 generating stations powered by hydro, coal, oil, wind, nuclear and diesel. The utility has committed to increasing its renewable energy sources and exploring innovations such as EV-to-grid integration piloted in Nova Scotia.

Irving said it will be the first oil refinery in Canada to invest in electrolyzer technology, as Ontario's Hydrogen Innovation Fund supports broader deployment nationwide.

The company said its goal is to offer hydrogen fuelling infrastructure in Atlantic Canada, complementing N.L.'s fast-charging network for EV drivers in the region.

"This kind of investment allows us to not just move to a cleaner form of hydrogen in the refinery. It also allows us to store and make hydrogen available to the marketplace," Carson said.

Federal watchdog warns Canada's 2030 emissions target may not be achievable
The hydrogen technology will help Irving "unlock pent up demand for hydrogen as an energy transition fuel for logistics organizations," he said.

Alberta also aims to expand its hydrogen production over the coming years, alongside British Columbia's $900 million hydrogen project moving ahead on the West Coast. 

Those plans lean on the development of carbon capture and storage (CCS) technology that aims to trap the emissions created when producing hydrogen from natural gas.

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Hungary's Russian Energy Dependence underscores EU tensions, as TurkStream gas flows, discounted imports, and pipeline reliance challenge sanctions, energy security, diversification, and decoupling goals amid Ukraine war pressures and bloc unity concerns.

Key Points

It is Hungary's reliance on Russian gas and oil via TurkStream, complicating EU sanctions and energy independence.

✅ 85% gas, 60% oil imports from Russia via TurkStream pipelines.

✅ Discounted contracts seldom cut bills; security cited by Budapest.

✅ EU decoupling targets hampered; sanctions leverage and unity erode.

Hungary's energy policies have positioned it as a notable outlier within the European Union, particularly in the context of the ongoing geopolitical tensions stemming from Russia's invasion of Ukraine. While the EU has been actively working to reduce its dependence on Russian energy sources through an EU $300 billion plan to dump Russian energy, Hungary has maintained and even strengthened its energy ties with Moscow, raising concerns about EU unity and the effectiveness of sanctions.

Strategic Energy Dependence

Hungary's energy infrastructure is heavily reliant on Russian supplies. Approximately 85% of Hungary's natural gas and more than 60% of its oil imports originate from Russia. This dependence is facilitated through pipelines such as TurkStream, which delivers Russian gas to Hungary via Turkey and the Balkans amid Europe's energy nightmare over price volatility and security. In 2025, Hungary's gas imports through TurkStream are projected to reach 8 billion cubic meters, a significant increase from previous years. These imports are often secured at discounted rates, although such savings may not always be passed on to Hungarian consumers.

Political and Economic Considerations

Prime Minister Viktor Orbán has been a vocal critic of EU sanctions against Russia and has consistently blocked EU initiatives aimed at providing military aid to Ukraine, even as Ukraine leans on power imports to keep the lights on. His government argues that Russia's military capabilities make it an unyielding adversary and that a ceasefire would only solidify its territorial gains. Orbán's stance has led to Hungary's isolation within the EU on matters related to the conflict in Ukraine.

Economically, Hungary's reliance on Russian energy has been justified by the government as a means to maintain low energy prices for consumers and ensure energy security. However, critics argue that this strategy undermines EU efforts to achieve energy independence and reduces the bloc's leverage over Russia amid a global energy war marked by price hikes and instability.

EU's Response and Challenges

The European Union has set ambitious goals to reduce its reliance on Russian energy, aiming to halt imports of Russian natural gas by the end of 2027 and prohibit new contracts starting in 2025 while exploring gas price cap strategies to contain market volatility. However, Hungary's continued imports of Russian energy complicate these efforts. The TurkStream pipeline, in particular, has become a focal point in discussions about the EU's energy strategy, as it enables ongoing Russian gas exports to Europe despite the bloc's broader decoupling initiatives.

Hungary's actions have raised concerns among other EU member states about the effectiveness of the sanctions regime and the potential for other countries to exploit similar loopholes. There are calls for stricter policies, including banning spot gas purchases and enforcing traceability of gas origins, and consideration of emergency measures to limit electricity prices to ensure genuine energy independence and reduce overreliance on external suppliers.

Hungary's steadfast energy relationship with Russia presents a significant challenge to the European Union's collective efforts to reduce dependence on Russian energy sources. While Hungary argues that its energy strategy is in the national interest, it risks undermining EU solidarity and the bloc's broader geopolitical objectives. As the EU continues to navigate its energy transition and response to the ongoing conflict in Ukraine, including energy ceasefire violations reported by both sides, Hungary's position will remain a critical point of contention within the union.

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FERC Capacity Markets face scrutiny as GAO flags inconsistent data on resource adequacy and costs, urging performance goals, risk assessment, and better metrics across PJM, ISO-NE, NYISO, and MISO amid cost-recovery proposals.

Key Points

FERC capacity markets aim for resource adequacy, but GAO finds weak data and urges goals and performance reviews.

✅ GAO cites inconsistent data on resource adequacy and costs

✅ Calls for performance goals, metrics, and risk assessment

✅ Applies to PJM, ISO-NE, NYISO; MISO market is voluntary

Capacity markets may or may not be functioning properly, but FERC can't adequately make that determination, according to the GAO report.

"Available information on the level of resource adequacy ... and related costs in regions with and without capacity markets is not comprehensive or consistent," the report found. "Moreover, consistent data on historical trends in resource adequacy and related costs are not available for regions without capacity markets."

The review concluded that FERC collects some useful information in regions with and without capacity markets, but GAO said it "identified problems with data quality, such as inconsistent data."

GAO included three recommendations, including calling for FERC to take steps to improve the quality of data collected, and regularly assess the overall performance of capacity markets by developing goals for those assessments.

"FERC should develop and document an approach to regularly identify, assess, and respond to risks that capacity markets face," the report also recommended. The commission "has not established performance goals for capacity markets, measured progress against those goals, or used performance information to make changes to capacity markets as needed."

The recommendation comes as the agency is grappling with a controversial proposal to assure cost-recovery for struggling coal and nuclear plants in the power markets. So far, the proposal would only apply to power markets with capacity markets, including PJM Interconnection, the New England ISO, the New York ISO and possibly MISO. However MISO only has a voluntary capacity market, making it unclear how the proposed rule would be applied there. 

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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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Ukraine Electricity Imports surge to record levels as EU neighbors bolster grid stability amid Russian strikes, supporting energy security, preventing blackouts, and straining cross-border transmission capacity while Ukraine rebuilds damaged infrastructure and diversifies with renewables.

Key Points

Emergency EU power purchases stabilizing Ukraine’s grid after war damage.

✅ Record 19,000 MWh per day from EU interconnectors

✅ Supports grid stability and blackout prevention

✅ Cost and transmission upgrades challenge sustainability

Russia's ongoing war in Ukraine has extended far beyond the battlefield, with critical infrastructure becoming a target. Ukraine's once-robust energy system has sustained significant damage amid energy ceasefire violations and Russian missile and drone strikes. To cope with these disruptions and maintain power supplies for Ukrainian citizens, the country is turning to record-breaking electricity imports from neighboring European nations.

Prior to the war, Ukraine enjoyed a self-sufficient energy sector, even exporting electricity to neighboring countries. However, targeted attacks on power plants and transmission lines have crippled generation capacity. The situation is particularly dire in eastern and southern Ukraine, where ongoing fighting has caused extensive damage.

Faced with this energy crisis, Ukraine is looking to Europe for a lifeline. The country's energy ministry has announced plans to import a staggering amount of electricity – exceeding 19,000 megawatt-hours (MWh) per day – to prepare for winter and stabilize supplies. This surpasses the previous record set in March 2024 and represents a significant increase in Ukraine's reliance on external power sources.

Several European nations are stepping up to support Ukraine. Countries like Poland, Slovakia, Romania, Hungary, which maintains quiet energy ties with Russia today, and Moldova have agreed to provide emergency electricity supplies. These imports will help stabilize Ukraine's power grid and prevent widespread blackouts, especially during peak consumption hours.

The reliance on imports, however, presents its own set of challenges. Firstly, the sheer volume of electricity needed puts a strain on the capacity of neighboring grids. Upgrading and expanding transmission infrastructure will be crucial to ensure a smooth flow of electricity. Secondly, the cost of imported electricity can be higher than domestically generated power amid price hikes and instability globally, placing additional pressure on Ukraine's already strained finances.

Beyond these immediate concerns, the long-term implications of relying on external energy sources need to be considered. Ukraine's long-term goal is to rebuild its own energy infrastructure and regain energy independence. International assistance, including energy security support measures, will be crucial in this endeavor. Financial aid and technical expertise can help Ukraine repair damaged power plants, diversify its energy mix through further investment in renewables, and develop more resilient grid infrastructure.

The war in Ukraine has underscored the importance of energy security. A nation's dependence on a single source of energy, be it domestic or foreign, leaves it vulnerable to disruption, as others consider national security and fossil fuels in their own policies. For Ukraine, diversification and building a more resilient energy infrastructure are key takeaways from this crisis.

The international community also has a role to play. Supporting Ukraine's energy sector not only helps the nation weather the current crisis but also strengthens European energy security as a whole, where concerns over Europe's energy nightmare remain pronounced. A stable and independent Ukraine, less reliant on Russian energy, contributes to a more secure and prosperous Europe.

As the war in Ukraine continues, the battle for energy security rages on. While the immediate focus is on keeping the lights on through imports, the long-term goal for Ukraine is to rebuild a stronger, more resilient energy sector that can power the nation's future. The international community's support will be crucial in helping Ukraine achieve this goal.

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