The great bulb debate

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 Power Market Overhaul targets soaring electricity prices by decoupling gas from power, boosting renewables, refining price caps, and stabilizing grids amid inflation, supply shocks, droughts, nuclear outages, and intermittent wind and solar.

Key Points

EU plan to redesign electricity pricing, curb gas-driven costs, boost renewables, and protect consumers from volatility.

✅ Decouples power prices from marginal gas generation

✅ Caps non-gas revenues to fund consumer relief

✅ Supports grid stability with storage, demand response, LNG

While energy prices are soaring around the world, Europe is in a particularly tight spot. Its heavy dependence on Russian gas -- on top of droughts, heat waves, an unreliable fleet of French nuclear reactors and a continent-wide shift to greener but more intermittent sources like solar and wind -- has been driving electricity bills up and feeding the highest inflation in decades. As Europe stands on the brink of a recession, and with the winter heating season approaching, officials are considering a major overhaul of the region’s power market to reflect the ongoing shift from fossil fuels to renewables.

1. How is electricity priced? 
Unlike oil or natural gas, there’s no efficient way to save lots of electricity to use in the future, though projects to store electricity in gas pipes are emerging. Commercial use of large-scale batteries is still years away. So power prices have been set by the availability at any given moment. When it’s really windy or sunny, for example, then more is produced relatively cheaply and prices are lower. If that supply shrinks, then prices rise because more generators are brought online to help meet demand -- fueled by more expensive sources. The way the market has long worked is that it is that final technology, or type of plant, needed to meet the last unit of consumption that sets the price for everyone. In Europe this year, that has usually meant natural gas. 

2. What is the relationship between power and gas? 
Very close. Across western Europe, gas plants have been a vital part of the energy infrastructure for decades, with Irish price spikes highlighting dispatchable power risks, fed in large part by supplies piped in from Siberia. Gas-fired plants were relatively quick to build and the technology straightforward, at least compared with nuclear plants and burns cleaner than coal. About 18% of Europe’s electricity was generated at gas plants last year; in 2020 about 43% of the imported gas came from Russia. Even during the depths of the Cold War, there’d never been a serious supply problem -- until the relationship with Russia deteriorated this year after it invaded Ukraine. Diversifying away from Russia, such as by increasing imports of liquefied natural gas, requires new infrastructure that takes a lot of time and money.

3. Why does it work this way? 
In theory, the relationship isn’t different from that with coal, for example. But production hiccups and heatwave curbs on plants from nuclear in France to hydro in Spain and Norway significantly changed the generation picture this year, and power hit records as plants buckled in the heat. Since coal-fired and nuclear plants are generally running all the time anyway, gas plants were being called upon more often -- at times just to keep the lights on as summer temperatures hit records. And with the war in Ukraine resulting in record gas prices, that pushed up overall production costs. It’s that relationship that has made the surging gas price the driver for electricity prices. And since the continent is all connected, it has pushed up prices across the region. The value of the European power market jumped threefold last year, to a record 836 billion euros ($827 billion today).

4. What’s being considered? 
With large parts of European industry on its knees and households facing jumps in energy bills of several hundred percent, as record electricity prices ripple through markets, the pressure on governments and the European Union to intervene has never been higher. One major proposal is to impose a price cap on electricity from non-gas producers, with the difference between that and the market price channeled to relief for consumers. While it sounds simple, any such changes would rip up a market design that’s worked for decades and could threaten future investments because of unintended consequences.

5. How did this market evolve?
The Nordic region and the British market were front-runners in the 1990s, then Germany followed and is now the largest by far. A trader can buy and sell electricity delivered later on same day in blocks of an hour or even down to 15-minute periods, to meet sudden demand or take advantage of price differentials. The price for these contracts is decided entirely by the supply and demand, how much the wind is blowing or which coal plants are operating, for example. Demand tends to surge early in the morning and late afternoon. This system was designed when fossil fuels provided the bulk of power. Now there are more renewables, which are less predictable, with wind and solar surpassing gas in EU generation last year, and the proposed changes reflect that shift. 

6. What else have governments done?
There are also traders who focus on longer-dated contracts covering periods several years ahead, where broader factors such as expected economic output and the extent to which renewables are crowding out gas help drive prices. This year’s wild price swings have prompted countries including Germany, Sweden and Finland to earmark billions of euros in emergency liquidity loans to backstop utilities hit with sudden margin calls on their trading.

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Ontario Pickering Nuclear Closure will shift supply to natural gas, raising emissions as the electricity grid manages nuclear refurbishment, IESO planning, clean power imports, and new wind, solar, and storage to support electrification.

Key Points

Ontario will close Pickering and rely on natural gas, increasing emissions while other nuclear units are refurbished.

✅ 14% of Ontario electricity supplied by Pickering now

✅ Natural gas use rises; grid emissions projected up 375%

✅ IESO warns gas phaseout by 2030 risks blackouts, costs

The Ontario government will not reconsider plans to close the Pickering nuclear station and instead stop-gap the consequent electricity shortfall with natural gas-generated power in a move that will, as an analysis of Ontario's grid shows, hike the province’s greenhouse gas emissions substantially in the coming years.

In a report released this week, a nuclear advocacy group urged Ontario to refurbish the aging facility east of Toronto, which is set to be shuttered in phases in 2024 and 2025, prompting debate over a clean energy plan after Pickering as the closure nears. The closure of Pickering, which provides 14 per cent of the province’s annual electricity supply, comes at the same time as Ontario’s other two nuclear stations are undergoing refurbishment and operating at reduced capacity.

Canadians for Nuclear Energy, which is largely funded by power workers' unions, argued closing the 50-year-old facility will result in job losses, emissions increases, heightened reliance on imported natural gas and an electricity supply gap across Ontario.

But Palmer Lockridge, spokesperson for the provincial energy minister, said further extending Pickering’s lifespan isn’t on the table.

“As previously announced in 2020, our government is supporting Ontario Power Generation’s plan to safely extend the life of the Pickering Nuclear Generating Station through the end of 2025,” said Lockridge in an emailed response to questions.

“Going forward, we are ensuring a reliable, affordable and clean electricity system for decades to come. That’s why we put a plan in place that ensures we are prepared for the emerging energy needs following the closure of Pickering, and as a result of our government’s success in growing and electrifying the province’s economy.”

The Progressive Conservative government under Premier Doug Ford has invested heavily in electrification, sinking billions into electric vehicle and battery manufacturing and industries like steel-making to retool plants to run on electricity rather than coal, and exploring new large-scale nuclear plants to bolster baseload supply.

Natural gas now provides about seven per cent of the province’s energy, a piece of the pie that will rise significantly as nuclear energy dwindles. Emissions from Ontario’s electricity grid, which is currently one of the world’s cleanest with 94 per cent zero-emission power generation, are projected to rise a whopping 375 per cent as the province turns increasingly to natural gas generation. Those increases will effectively undo a third of the hard-won emissions reductions the province achieved by phasing out coal-fired power generation.

The Independent Electricity System Operator (IESO), which manages Ontario’s grid, studied whether the province could phase out natural gas generation by 2030 and concluded that “would result in blackouts and hinder electrification” and increase average residential electricity costs by $100 per month.

The Ontario Clean Air Alliance, however, obtained draft documents from the electricity operator that showed it had studied, but not released publicly, other scenarios that involved phasing out natural gas without energy shortfalls, price hikes or increases in emissions.

The Ontario government will not reconsider plans to close the Pickering nuclear station and instead stop-gap the consequent electricity shortfall facing Ontario with natural gas-generated power in a move that will hike the province’s greenhouse gas emissions.

One model suggested increasing carbon taxes and imports of clean energy from other provinces could keep blackouts, costs and emissions at bay, while another involved increasing energy efficiency, wind generation and storage.

“By banning gas-fired electricity exports to the U.S., importing all the Quebec water power we can with the existing transmission lines and investing in energy efficiency and wind and solar and storage — do all those things and you can phase out gas-fired power and lower our bills,” said Jack Gibbons, chair of the Ontario Clean Air Alliance.

The IESO has argued in response that the study of those scenarios was not complete and did not include many of the challenges associated with phasing out natural gas plants.

Ontario Energy Minister Todd Smith asked the IESO to develop “an achievable pathway to zero-emissions in the electricity sector and evaluate a moratorium on new-build natural gas generation stations,” said his spokesperson. That report, an early look at halting gas power, is expected in November.

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Texas Power Grid Blackouts loom as ERCOT forecasts record air conditioning load, tight reserve margins, peak demand spikes, and rising natural gas prices; heatwaves could trigger brownouts without added solar, storage, and demand response.

Key Points

Texas Power Grid Blackouts are outages when AC-driven peak demand and ERCOT reserves outstrip supply during heatwaves.

✅ ERCOT forecasts record AC load and tight reserve margins.

✅ Coal retirements cut capacity; gas and solar additions lag.

✅ Peak prices, brownouts likely without storage and demand response.

U.S. Air conditioning related electricity usage will break records and may cause blackouts across the U.S. and in Texas this summer. Power grid operators are forecasting that electricity supplies will exceed demands during the summer months.

Most of Texas will face severe electricity shortages because of hot temperatures, air conditioning, and a strong economy, with millions at risk of electricity shut-offs during extreme heat, Bill Magness the president of the Electric Reliability Council of Texas (ERCOT) told the Associated Press. Magness thinks the large numbers people moving to Texas for retirement will increase the demand for air conditioning and electricity use. Retired people are more likely to be home during the day when temperatures are high – so they are more likely to turn up the air conditioner.

Around 50% of all electricity in Texas is used for air conditioning and 100% of homes in Texas have air conditioners, Forbes reported. That means just a few hot days can strain the grid and a heatwave can trigger brownouts and blackouts, in a system with more blackouts than other developed countries on average.

The situation was made worse by Vistra Energy’s decision to close more coal-fired power plants last year, The Austin American Statesman reported. The closed plants; Big Brown, Sadow, and Monticello, generated around 4,100 megawatts (4.1 million watts) of electricity, enough generation capacity to power two million homes, The Waco Herald-Tribune reported.

Texas Electric Grid Might Not Meet Demand

Texas’s grid has never operated without those plants will make this summer a test of its capacity. Texas only has a 6% reserve of electricity that might fall will because of problems like downed lines or a power plant going offline.

A Vistra subsidiary called Luminant has added around 8,000 megawatts of generation capacity from natural-gas burning plants, The Herald-Tribune reported. Luminant also plans to open a giant solar power plant in Texas to increase grid capacity.

The Texas grid already reached peak capacity in May because of unexpectedly high demand and technical problems that reflect more frequent outages in many states, Houston Public Media reported. Grid capacity fell because portions of the system were offline for maintenance.

Some analysts have suggested starting schools after Labor Day to shift peak August demand, potentially easing stress on the grid.

Electricity Reserves are Tight in Texas

Electricity reserves will be very tight on hot summer days in Texas this summer, Magness predicted. When the thermometer rises, people crank up the air conditioner which burns more electricity.

The grid operator ERCOT anticipates that Texas will need an additional 1,600 megawatts of electricity this summer, but record-high temperatures can significantly increase the demand. If everything is running correctly, Texas’s grid can produce up to 78,184 megawatts of electricity.

“The margin between absolute peak power usage and available peak supply is tighter than in years past,” Andrew Barlow, a spokesman for Texas’s Public Utility Commission admitted.

Around 90% of Texas’s grid has enough generating capacity, ERCOT estimated. That means 10% of Texas’s power grid lacks sufficient generating capacity which increases the possibility of blackouts.

Even if the electricity supply is adequate electricity prices can go up in Texas because of higher natural gas prices, Forbes reported. Natural gas prices might go up over the summer because of increased electricity demands. Texas uses between 8% and 9% of America’s natural gas supply to generate electricity for air conditioning in the summer.

Be Prepared For Blackouts This Summer.

Texas’s problems might affect other regions including neighboring states such as Oklahoma, Arkansas, Louisiana, and New Mexico and parts of Mexico, as lawmakers push to connect Texas’s grid to the rest of the nation to improve resilience because those areas are connected to the same grid. Electricity from states like Colorado might be diverted to Texas in case of power shortages there.

Beyond the U.S., Canadian electricity grids are increasingly exposed to harsh weather that can ripple across markets as well.

Home and business owners can avoid summer blackouts by tapping sources of Off-Grid electricity. The two best sources are backup battery storage and solar panels which can run your home or business if the grid runs dry.

If you have family members with health problems who need air conditioning, or you rely on a business or freelance work that requires electricity for income, backup power is vital. Those who need backup electricity for their business should be able to use the expense of installing it as a tax deduction.

Having backup electricity available might be the only way for Texans to keep cool this summer.

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Aurelia Boat Club delivers electric boat membership in Seattle, featuring zero-emission propulsion, quiet cruising, sustainable recreation, and a managed fleet with maintenance, insurance, moorage, and charging handled for members seeking hassle-free, eco-friendly boating.

Key Points

Aurelia Boat Club is a Seattle membership offering all-electric boats, with maintenance, insurance, and moorage included.

✅ Unlimited access to an all-electric fleet

✅ Maintenance, insurance, moorage, and charging included

✅ Quiet, zero-emission cruising on Seattle waters

Seattle's maritime scene has welcomed a new player: Aurelia Boat Club. Founded by former Pure Watercraft employees, Aurelia is poised to redefine electric boating in the city, where initiatives like Washington State Ferries hybrid-electric upgrade are underway. The club's inception follows the unexpected closure of Pure Watercraft, a Seattle-based startup that aimed to revolutionize the pleasure boating industry before its financial troubles led to its downfall.

From Pure Watercraft to Aurelia Boat Club

Pure Watercraft, established in 2011, garnered attention for its innovative electric propulsion systems designed to replace traditional gas-powered motors in boats, while efforts to build the first commercial electric speedboats also advanced. The company attracted significant investment, including a notable partnership with General Motors in 2021, which acquired a 25% stake in Pure Watercraft. Despite these efforts, Pure Watercraft faced financial difficulties and entered receivership in 2024, leading to the liquidation of its assets. 

Amidst this transition, Danylo Kurgan and Mrugesh Desai saw an opportunity to continue the vision of electric boating. Kurgan, formerly a financial analyst at Pure Watercraft and involved in the company's boat club operations, teamed up with Desai, a technology executive and startup investor. Together, they acquired key assets from Pure Watercraft's receivership, including electric outboard motors, pontoon boats, inflatable crafts, battery systems, spare parts, and digital infrastructure. 

Aurelia Boat Club's Offerings

Aurelia Boat Club aims to provide a sustainable and accessible alternative to traditional gas-powered boat clubs in Seattle. Members can enjoy unlimited access to a fleet of all-electric boats without the responsibilities of ownership. The club's boats are equipped with electric motors, offering a quiet and environmentally friendly boating experience, similar to how electric ships are clearing the air on the B.C. coast. Additionally, Aurelia handles maintenance, repairs, insurance, and moorage, allowing members to focus solely on enjoying their time on the water. 

The Future of Electric Boating in Seattle

Aurelia Boat Club's launch signifies a growing interest in sustainable boating practices in Seattle. The club's founders are committed to scaling the business and expanding their fleet to meet the increasing demand for eco-friendly recreational activities, as projects like battery-electric high-speed ferries indicate. By leveraging the assets and knowledge gained from Pure Watercraft, Aurelia aims to continue the legacy of innovation in the electric boating industry.

As the boating community becomes more environmentally conscious, initiatives like Aurelia Boat Club play a crucial role in promoting sustainable practices, and examples such as Harbour Air's electric aircraft highlight the momentum. The club's success could serve as a model for other cities, demonstrating that with the right vision and resources, the transition to electric boating is not only feasible but also desirable.

While the closure of Pure Watercraft marked the end of one chapter, it also paved the way for new ventures like Aurelia Boat Club to carry forward the mission of transforming the boating industry, with regional moves like the Kootenay Lake electric-ready ferry and international innovations such as Berlin electric flying ferry showing what's possible. With a strong foundation and a clear vision, Aurelia is set to make significant waves in Seattle's electric boating scene.

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FERC Hydropower Licensing Dispute centers on FERC authority, Clean Water Act compliance, state water quality certifications, Federal Power Act timelines, and Army Corps dams on West Virginia's Monongahela River licenses.

Key Points

An inquiry into FERC's licensing process and state water quality authority for hydropower at Monongahela River dams.

✅ Questions on omitted state water quality conditions

✅ Debate over starting Clean Water Act certification timelines

✅ Potential impacts on states' rights and licensing schedules

As federal lawmakers, including Democrats pressing FERC, plan to consider a bill that would expand Federal Energy Regulatory Commission (FERC) licensing authority, questions emerged on Tuesday about the process used by FERC to issue two hydropower licenses for existing dams in West Virginia.

In a letter to FERC Chairman Neil Chatterjee, Democratic leaders of the House Energy and Commerce Committee, as electricity pricing changes were being debated, raised questions about hydropower licenses issued for two dams operated by the U.S. Army Corps of Engineers on the Monongahela River in West Virginia.

U.S. Reps. Frank Pallone Jr. (D-NJ), the ranking member of the Subcommittee on Energy, Bobby Rush (D-IL), the ranking member of the Subcommittee on Environment, and John Sarbanes (D-MD), amid Maryland clean energy enforcement concerns, questioned why FERC did not incorporate all conditions outlined in a West Virginia Department of Environmental Protection water quality certificate into plans for the projects.

“By denying the state its allotted time to review this application and submit requirements on these licenses, FERC is undermining the state’s authority under the Clean Water Act and Federal Power Act to impose conditions that will ensure water quality standards are met,” the letter stated.

The House of Representatives was slated to consider the Hydropower Policy Modernization Act of 2017, H.R. 3043, later in the week. The measure would expand FERC authority over licensing processes, a theme mirrored in Maine's transmission line debate over interstate energy projects. Opponents of the bill argue that the changes would make it more difficult for states to protect their clean water interests.

West Virginia has announced plans to challenge FERC hydropower licenses for the dams on the Monongahela River, echoing Northern Pass opposition seen in New Hampshire.

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