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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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Alberta Coal Community Transition Fund backs renewables, natural gas, and economic diversification, offering grants, workforce retraining, and community development to municipalities and First Nations as Alberta phases out coal-fired power by 2030.

Key Points

A provincial grant helping coal-impacted communities diversify, retrain workers, and transition to renewables by 2030.

✅ Grants for municipalities and First Nations

✅ Supports diversification and job retraining

✅ Focus on renewables, natural gas, and new sectors

The Coal Community Transition Fund is open to municipalities and First Nations affected as Alberta phases out coal-fired electricity by 2030 under the federal coal plan to focus on renewables and natural gas.

Economic Development Minister Deron Bilous says the government wants to ensure these communities thrive through the transition, aligning with views that fossil-fuel workers support the energy transition across the economy.

“Residents in our communities have concerns about the transition away from coal, even as discussions about phasing out fossil fuels in B.C. unfold nationally,” Rod Shaigec, mayor of Parkland County, said.

“They also have ideas on how we can mitigate the impacts on workers and diversify our economy, including clean energy partnerships to create new employment opportunities for affected workers. We are working to address those concerns and support their ideas. This funding means we can make those ideas a reality in various economic sectors of opportunity.”

The coal-mining town of Hanna, northeast of Calgary, has already received $450,000 through the program to work on economic diversification, exploring options like bridging the Alberta-B.C. electricity gap that could support new industries.

The application deadline for the coal transition fund is the end of November.

A provincial advisory panel is also expected to report back this fall on ways to create new jobs and retrain workers during the coal phase-out.

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AI Energy Consumption strains corporate electricity bills as data centers and HPC workloads run nonstop, driving carbon emissions. Efficiency upgrades, renewable energy, and algorithm optimization help control costs and enhance sustainability across industries.

Key Points

AI Energy Consumption is the power used by AI compute and data centers, impacting costs and sustainability.

✅ Optimize cooling, hardware, and workloads to cut kWh per inference

✅ Integrate on-site solar, wind, or PPAs to offset data center power

✅ Tune models and algorithms to reduce compute and latency

Artificial Intelligence (AI) is revolutionizing industries with its promise of increased efficiency and productivity. However, as businesses integrate AI technologies into their operations, there's a significant and often overlooked impact: the strain on corporate electricity bills.

AI's Growing Energy Demand

The adoption of AI entails the deployment of high-performance computing systems, data centers, and sophisticated algorithms that require substantial energy consumption. These systems operate around the clock, processing massive amounts of data and performing complex computations, and, much like the impact on utilities seen with major EV rollouts, contributing to a notable increase in electricity usage for businesses.

Industries Affected

Various sectors, including finance, healthcare, manufacturing, and technology, rely on AI-driven applications for tasks ranging from data analysis and predictive modeling to customer service automation and supply chain optimization, while manufacturing is influenced by ongoing electric motor market growth that increases electrified processes.

Cost Implications

The rise in electricity consumption due to AI deployments translates into higher operational costs for businesses. Corporate entities must budget accordingly for increased electricity bills, which can impact profit margins and financial planning, especially in regions experiencing electricity price volatility in Europe amid market reforms. Managing these costs effectively becomes crucial to maintaining competitiveness and sustainability in the marketplace.

Sustainability Challenges

The environmental impact of heightened electricity consumption cannot be overlooked. Increased energy demand from AI technologies contributes to carbon emissions and environmental footprints, alongside rising e-mobility demand forecasts that pressure grids, posing challenges for businesses striving to meet sustainability goals and regulatory requirements.

Mitigation Strategies

To address the escalating electricity bills associated with AI, businesses are exploring various mitigation strategies:

1. Energy Efficiency Measures: Implementing energy-efficient practices, such as optimizing data center cooling systems, upgrading to energy-efficient hardware, and adopting smart energy management solutions, can help reduce electricity consumption.

2. Renewable Energy Integration: Investing in renewable energy sources like solar or wind power and energy storage solutions to enhance flexibility can offset electricity costs and align with corporate sustainability initiatives.

3. Algorithm Optimization: Fine-tuning AI algorithms to improve computational efficiency and reduce processing times can lower energy demands without compromising performance.

4. Cost-Benefit Analysis: Conducting thorough cost-benefit analyses of AI deployments to assess energy consumption against operational benefits and potential rate impacts, informed by cases where EV adoption can benefit customers in broader electricity markets, helps businesses make informed decisions and prioritize energy-saving initiatives.

Future Outlook

As AI continues to evolve and permeate more aspects of business operations, the demand for electricity will likely intensify and may coincide with broader EV demand projections that increase grid loads. Balancing the benefits of AI-driven innovation with the challenges of increased energy consumption requires proactive energy management strategies and investments in sustainable technologies.

Conclusion

The integration of AI technologies presents significant opportunities for businesses to enhance productivity and competitiveness. However, the corresponding surge in electricity bills underscores the importance of proactive energy management and sustainability practices. By adopting energy-efficient measures, leveraging renewable energy sources, and optimizing AI deployments, businesses can mitigate cost impacts, reduce environmental footprints, and foster long-term operational resilience in an increasingly AI-driven economy.

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National Grid Demand Flexibility Service helps stabilise the UK grid during tight supply, offering discounts for smart meter users who shift peak-time electricity use, reducing power cut risks amid low wind and import constraints.

Key Points

A National Grid scheme paying smart homes to cut peak-time use, easing supply pressure and avoiding power cuts.

✅ Pays volunteers with smart meters to reduce peak demand.

✅ Credits discounts for shifting use to off-peak windows.

✅ Manages tight margins and helps avert UK power cuts.

National Grid has decided not to activate a scheme on Tuesday to help the UK avoid power cuts after being poised to do so.

It would have seen some households offered discounts on their electricity bills if they cut peak-time use.

National Grid had been ready to trigger the scheme following a warning that Britain's energy supplies were looking tighter than usual this week.

However, it decided that the measure was not required.

Alerts are sent out automatically when expected supplies drop below a certain level. But they do not mean that blackouts are likely, or that the situation is critical.

National Grid said it was "confident" it would be able to manage margins and "demand is not at risk".

Discounts
Earlier on Monday, the grid operator said it was considering whether to pay households across Britain to reduce their energy use to help out on Tuesday evening.

Under the Demand Flexibility Service (DFS), announced earlier this month, customers that have signed up could get discounts on their bills if they use less electricity in a given window of time.

That could mean delaying the use of a tumble-dryer or washing machine, or cooking dinner in the microwave rather than the oven.

Major suppliers such as Octopus and British Gas are taking part, but only customers that have an electricity smart meter and that have volunteered are eligible. About 14 million UK homes have an electricity smart meter.

The DFS has already been tested twice but has not yet run live.

Octopus, the supplier with the most customers signed up, said that some households had earned more than £4 during the hour-long tests, while the average saving was "well over £1".

It came after forecasts projected a large drop in the amount of power that Britain will be able to import from French nuclear power stations on Monday and Tuesday evenings.

The lack of strong winds to power turbines has also affected how much power can be generated within the UK, and efforts to fast-track grid connections aim to ease constraints.

Such warnings are not unusual - around 12 have been issued and cancelled without issue in the last six years, and other regions such as Canada are seeing grids strained by harsh weather as well.

However, they have become more common this year due to the energy crisis, and the most recent notice was sent out last week.

The situation means that the UK will have to import electricity from other sources on Monday and Tuesday evening.

Supplies are also expected be tight in France, forecasters say.

France has been facing months of problems with its nuclear power plants, which generate around three-quarters of the country's electricity.

More than half of the nuclear reactors run by state energy company EDF have closed due to maintenance problems and technical issues.

It has added to a massive energy crisis in Europe which is facing a winter without gas supplies from Russia.

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Sudbury Electrification and Grid Expansion is driving record power demand, EV charging, renewable energy planning, IESO forecasts, smart grid upgrades, battery storage, and industrial electrification, requiring cleaner power plants and transmission capacity in northern Ontario.

Key Points

Rising electricity demand and clean energy upgrades in Sudbury to power EVs, industry, and a smarter, expanded grid.

✅ IESO projects system size may need to more than double

✅ EVs and smart devices increase peak and off-peak load

✅ Battery storage and V2G can support reliability and resiliency

Sudbury, Ont., is consuming more power than ever, amid an electricity supply crunch in Ontario, according to green energy organizations that say meeting the demand will require cleaner energy sources.

"This is the welfare of the entire city on the line and they are putting their trust in electrification," said David St. Georges, manager of communications at reThink Green, a non-profit organization focused on sustainability in Sudbury.

According to St. Georges, Sudbury and northern Ontario can meet the growing demand for electricity to charge clean power for EVs and smart devices. 

According to the Independent Electricity System Operator (IESO), making a full switch from fossil fuels to other renewable energy sources could require more power plants, while other provinces face electricity shortages of their own.

"We have forecasted that Ontario's electricity system will need significant expansion to meet this, potentially more than doubling in size," the IESO told CBC News in an emailed statement.

Electrification in the industrial sector is adding greater demand to the electrical grid as electric cars challenge power grids in many regions. Algoma Steel in Sault Ste. Marie and ArcelorMittal Dofasco in Hamilton both aim to get electric arc furnaces in operation. Together, those projects will require 630 megawatts.

"That's like adding four cities the size of Sudbury to the grid," IESO said.

Devin Arthur, chapter president of the Electric Vehicle society in Greater Sudbury, said the city is coming full circle with fully electrifying its power grid, reflecting how EVs are a hot topic in Alberta and beyond.

"We're going to need more power," he said.

"Once natural gas was introduced, that kind of switched back, and everyone was getting out of electrification and going into natural gas and other sources of power."

Despite Sudbury's increased appetite for electricity, Arthur added it's also easier to store now as Ontario moves to rely on battery storage solutions.

"What that means is you can actually use your electric vehicle as a battery storage device for the grid, so you can actually sell power from your vehicle that you've stored back to the grid, if they need that power," he said.

Harneet Panesar, chief operating officer for the Ontario Energy Board, told CBC the biggest challenge to going green is seeing if it can work around older infrastructure, while policy debates such as Canada's 2035 EV sales mandate shape the pace of change.

"You want to make sure that you're building in the right spot," he said.

"Consumers are shifting from combustion engines to EV drivetrains. You're also creating more dependency. At a very high level, I'm going to say it's probably going to go up in terms of the demand for electricity."

Fossil fuels are the first to go for generating electricity, said St. Georges.

"But we're not there yet, because it's not a light switch solution. It takes time to get to that, which is another issue of electrification," he said.

"It's almost impossible for us not to go that direction."

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BEST vigilance raid on Wadala electricity theft uncovered a Mumbai power theft racket in Antop Hill and Sangam Nagar, with operators, illegal connections, sub-stations, meter cabins, FIRs, and Rs 72 lakh losses flagged by BEST.

Key Points

A BEST operation that nabbed operators stealing power via illegal connections in Wadala, exposing a Rs 72 lakh loss.

✅ 35 suspects booked; key operator identified as David Anthony.

✅ Illegal taps from sub-stations and meter cabins in shanties.

✅ BEST filed FIRs; Session court granted bail to accused.

In a raid conducted at Antop Hill in Wadala on Saturday, a total of 35 people were nabbed by the vigilance department for stealing electricity to the tune of Rs 72 lakh, in a case similar to a Montreal power-theft ring bust covered internationally.

It was the second such raid conducted in the past one week, where operators have been nabbed.The cash-strapped BEST is now tightening it's grasp on `operators' who steal electricity from BEST sources and provide it to their own customers on a meagre monthly rent, even as Ontario utilities warn about scams affecting customers elsewhere.

After receiving a tip-off about the theft of electricity in the Sangam Nagar area of Wadala, about 90 personnel of the BEST conducted a raid. After visiting the spots, it was found that illegal connections were made from the sub-station and other electricity boxes of the BEST in the area, underscoring how fragile networks can be amid disruptions such as major outages in London that affected thousands.

According to BEST officials, the residents from the area would come up to the accused, identified as David Anthony, and would pay a fixed amount at the end of every month for unlimited supply of power, a dynamic reminiscent of shutoff-threat scams flagged by Manitoba Hydro, though the circumstances differ. Anthony would with draw power directly from meter cabins and electricity boxes in the area. The wires he connected to these were in turn connected to households who made the arrangement with him. An official from BEST also explained that as soon they reach a location to conduct raids and vehicles of BEST officials are spotted by residents, most of the connections are cut off, which makes it difficult for them to prove the theft case However, on Saturday, BEST officials managed to conduct the raid swiftly and nab 35 people.

All who had illegal connections were named in the complaint and an FIR was registered against them, including Anthony, who himself had illegal connections in his house. They were produced in Session court and given bail, while utilities in other regions resort to hydro disconnections during arrears season. Chief Vigilance Officer of BEST, RJ Singh said, "Most of these are commercial establishments in these shanties, which steal electricity. It is very important to catch hold of the operators as they are the providers and we need to break their backbone."

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