Initiative Ads aim to spark grid improvement

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According to “Sad Socket,” it is time for Americans to plug into a new electric power system.

The Galvin Electricity Initiative launched the “Sad Socket” public education campaign to draw attention to the dangers and inefficiencies of the outdated U.S. electric power system and encourage policy makers and state regulators to change the way utilities do business. The ads will appear in The Wall Street Journal, The Boston Globe, the Chicago Tribune and The Washington Post. An accompanying Web site — www.galvinpower.org/socket — offers policy solutions and suggests what consumers can do to conserve electricity, save money and join the movement to renew our electricity grid.

Responding to defects in the current electricity grid, the campaign asserts seven policy priorities that will remove regulatory obstacles to modernizing the grid and create a more reliable, efficient and secure electric power system:

1) Base utility compensation on reliability, efficiency and customer service.

2) Give utilities incentives to provide customers with time-of-use rates.

3) Foster competitive free markets for electricity delivery and distribution.

4) Enable smart microgrids.

5) Require higher reliability standards for electricity distribution grids.

6) Establish new energy efficiency standards that conserve power.

7) Set-up tax codes to foster grid innovation.

“It is too costly, not to mention unsafe and entirely wasteful, to continue powering our digital economy on antiquated technology,” said Robert W. Galvin, founder of the Galvin Electricity Initiative and retired CEO and chairman of Motorola, Inc. “The technology to transform the electric power system exists right now. But until all of us demand state policies that put smart technology, cost structures based on time-of-use, plus true retail service competition into place, we’ll be stuck with the costly, inefficient dinosaur of a system we have now.”

Political will and changes in regulatory policy are necessary to facilitate these advances and transform a power system that costs U.S. businesses, public institutions and homes more than $150 billion a year in waste and power outages. While federal support for smart grid research and investment, as provided for in the Energy Independence and Security Act of 2007, is important, the “Sad Socket” campaign insists that states hold the key to motivating electricity distribution utilities to give consumers the power of choice, and to make changes that urgently modernize the grid.

“’Sad Socket’ highlights states that are making progress in grid transformation,” said Kurt Yeager, executive director of the Galvin Electricity Initiative. “We are working with change leaders, developers and universities in Massachusetts, Illinois and New Mexico to transform the quality of power delivery while collaborating with policy makers and regulators to remove outmoded policy and regulatory barriers so that everyone benefits from system renewal. Broad public understanding and support is crucial to success.”

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Is The Global Energy Transition On Track?

Global Decarbonization Strategies align renewable energy, electrification, clean air policies, IMO sulfur cap, LNG fuels, and the EU 2050 roadmap to cut carbon intensity and meet Paris Agreement targets via EVs and efficiency.

 

Key Points

Frameworks that cut emissions via renewables, EVs, efficiency, cleaner marine fuels, and EU policy roadmaps.

✅ Renewables scale as wind and solar outcompete new coal and gas.

✅ Electrification of transport grows as EV costs fall and charging expands.

✅ IMO 2020 sulfur cap and LNG shift cut shipping emissions and particulates.

 

Are we doing enough to save the planet? Silly question. The latest prognosis from the United Nations’ Intergovernmental Panel on Climate Change made for gloomy reading. Fundamental to the Paris Agreement is the target of keeping global average temperatures from rising beyond 2°C. The UN argues that radical measures are needed, and investment incentives for clean electricity are seen as critical by many leaders to accelerate progress to meet that target.

Renewable power and electrification of transport are the pillars of decarbonization. It’s well underway in renewables - the collapse in costs make wind and solar generation competitive with new build coal and gas.

Renewables’ share of the global power market will triple by 2040 from its current level of 6% according to our forecasts.

The consumption side is slower, awaiting technological breakthrough and informed by efforts in countries such as New Zealand’s electricity transition to replace fossil fuels with electricity. The lower battery costs needed for electric vehicles (EVs) to compete head on and displace internal combustion engine (ICE)  cars are some years away. These forces only start to have a significant impact on global carbon intensity in the 2030s. Our forecasts fall well short of the 2°C target, as does the IEA’s base case scenario.

Yet we can’t just wait for new technology to come to the rescue. There are encouraging signs that society sees the need to deal with a deteriorating environment. Three areas of focus came out in discussion during Wood Mackenzie’s London Energy Forum - unrelated, different in scope and scale, each pointing the way forward.

First, clean air in cities.  China has shown how to clean up a local environment quickly. The government reacted to poor air quality in Beijing and other major cities by closing older coal power plants and forcing energy intensive industry and the residential sector to shift away from coal. The country’s return on investment will include a substantial future health care dividend.

European cities are introducing restrictions on diesel cars to improve air quality. London’s 2017 “toxicity charge” is a precursor of an Ultra-Low Emission Zone in 2019, and aligns with UK net-zero policy changes that affect transport planning, to be extended across much of the city by 2020. Paris wants to ban diesel cars from the city centre by 2025 and ICE vehicles by 2030. Barcelona, Madrid, Hamburg and Stuttgart are hatching similar plans.

 

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Second, desulphurisation of global shipping. High sulphur fuel oil (HSFO) meets around 3.5 million barrels per day (b/d) of the total marine market of 5 million b/d. A maximum of 3.5% sulphur content is allowed currently. The International Maritime Organisation (IMO) implements a 0.5% limit on all shipping in 2020, dramatically reducing the release of sulphur oxides into the atmosphere.

Some ships will switch to very low sulphur fuel oil, of which only around 1.4 million b/d will be available in 2020. Others will have to choose between investing in scrubbers or buying premium-priced low sulphur marine gas oil.

Longer-term, lower carbon-intensity gas is a winner as liquefied natural gas becomes fuel of choice for many newbuilds. Marine LNG demand climbs from near zero to 50 million tonnes per annum (tpa) by 2040 on our forecasts, behind only China, India and Japan as a demand centre. LNG will displace over 1 million b/d of oil demand in shipping by 2040.

Third, Europe’s radical decarbonisation plans. Already in the vanguard of emissions reductions policy, the European Commission is proposing to reduce carbon emissions for new cars and vans by 30% by 2030 versus 2020. The targets come with incentives for car manufacturers linked to the uptake of EVs.

The 2050 roadmap, presently at the concept stage, envisages a far more demanding regime, with EU electricity plans for 2050 implying a much larger power system. The mooted 80% reduction in emissions compared with 1990 will embrace all sectors. Power and transport are already moving in this direction, but the legacy fuel mix in many other sectors will be disrupted, too.

Near zero-energy buildings and homes might be possible with energy efficiency improvements, renewables and heat pumps. Electrification, recycling and bioenergy could reduce fossil fuel use in energy intensive sectors like steel and aluminium, and Europe’s oil majors going electric illustrates how incumbents are adapting. Some sectors will cite the risk decarbonisation poses to Europe’s global competitiveness. If change is to come, industry will need to build new partnerships with society to meet these targets.

The 2050 roadmap signals the ambition and will be game changing for Europe if it is adopted. It would provide a template for a global roll out that would go a long way toward meeting UN’s concerns.

 

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Integrating AI Data Centers into Canada's Electricity Grids

Canada AI Data Center Grid Integration aligns AI demand with renewable energy, energy storage, and grid reliability. It emphasizes transmission upgrades, liquid cooling efficiency, and policy incentives to balance economic growth with sustainable power.

 

Key Points

Linking AI data centers to Canada's grid with renewables, storage, and efficiency to ensure reliable, sustainable power.

✅ Diversify supply with wind, solar, hydro, and firm low-carbon resources

✅ Deploy grid-scale batteries to balance peaks and enhance reliability

✅ Upgrade transmission, distribution, and adopt liquid cooling efficiency

 

Artificial intelligence (AI) is revolutionizing various sectors, driving demand for data centers that support AI applications. In Canada, this surge in data center development presents both economic opportunities and challenges for the electricity grid, where utilities using AI to adapt to evolving demand dynamics. Integrating AI-focused data centers into Canada's electricity infrastructure requires strategic planning to balance economic growth with sustainable energy practices.​

Economic and Technological Incentives

Canada has been at the forefront of AI research for over three decades, establishing itself as a global leader in the field. The federal government has invested significantly in AI initiatives, with over $2 billion allocated in 2024 to maintain Canada's competitive edge and to align with a net-zero grid by 2050 target nationwide. Provincial governments are also actively courting data center investments, recognizing the economic and technological benefits these facilities bring. Data centers not only create jobs and stimulate local economies but also enhance technological infrastructure, supporting advancements in AI and related fields.​

Challenges to the Electricity Grid

However, the energy demands of AI data centers pose significant challenges to Canada's electricity grid, mirroring the power challenge for utilities seen in the U.S., as demand rises. The North American Electric Reliability Corporation (NERC) has raised concerns about the growing electricity consumption driven by AI, noting that the current power generation capacity may struggle to meet this increasing demand, while grids are increasingly exposed to harsh weather conditions that threaten reliability as well. This situation could lead to reliability issues, including potential blackouts during peak demand periods, jeopardizing both economic activities and the progress of AI initiatives.​

Strategic Integration Approaches

To effectively integrate AI data centers into Canada's electricity grids, a multifaceted approach is essential:

  1. Diversifying Energy Sources: Relying solely on traditional energy sources may not suffice to meet the heightened demands of AI data centers. Incorporating renewable energy sources, such as wind, solar, and hydroelectric power, can provide sustainable alternatives. For instance, Alberta has emerged as a proactive player in supporting AI-enabled data centers, with the TransAlta data centre agreement expected to advance this momentum, leveraging its renewable energy potential to attract such investments.
     

  2. Implementing Energy Storage Solutions: Integrating large-scale battery storage systems can help manage the intermittent nature of renewable energy. These systems store excess energy generated during low-demand periods, releasing it during peak times to stabilize the grid. In some communities, AI-driven grid upgrades complement storage deployments to optimize operations, which supports data center needs and community reliability.
     

  3. Enhancing Grid Infrastructure: Upgrading transmission and distribution networks is crucial to handle the increased load from AI data centers. Strategic investments in grid infrastructure can prevent bottlenecks and ensure efficient energy delivery, including exploration of macrogrids in Canada to improve regional transfers, supporting both existing and new data center operations.​
     

  4. Adopting Energy-Efficient Data Center Designs: Designing data centers with energy efficiency in mind can significantly reduce their power consumption. Innovations such as liquid cooling systems are being explored to manage the heat generated by high-density AI workloads, offering more efficient alternatives to traditional air cooling methods.

  5. Establishing Collaborative Policies: Collaboration among government entities, utility providers, and data center operators is vital to align energy policies with technological advancements. Developing regulatory frameworks that incentivize sustainable practices can guide the growth of AI data centers in harmony with grid capabilities.​
     

Integrating AI data centers into Canada's electricity grids presents both significant opportunities and challenges. By adopting a comprehensive strategy that includes diversifying energy sources, implementing advanced energy storage, enhancing grid infrastructure, promoting energy-efficient designs, and fostering collaborative policies, Canada can harness the benefits of AI while ensuring a reliable and sustainable energy future. This balanced approach will position Canada as a leader in both AI innovation and sustainable energy practices.

 

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California Gets $500M to Upgrade Power Grid

California Grid Modernization Funding will upgrade transmission and distribution, boost grid resilience, enable renewable energy integration, expand energy storage, and deploy smart grid controls statewide with over $500 million in federal infrastructure investment.

 

Key Points

Federal support to harden California's grid, integrate renewables, add storage, and deploy smart upgrades for reliability.

✅ Strengthens transmission and distribution for wildfire and heat resilience

✅ Integrates solar and wind with storage and advanced grid controls

✅ Deploys smart meters, DER management, and modern cybersecurity

 

California has recently been awarded over $500 million in federal funds to significantly improve and modernize its power grid. This substantial investment marks a pivotal step in addressing the state’s ongoing energy challenges, enhancing grid resilience, and supporting its ambitious climate goals. The funding, announced by federal and state officials, is set to bolster California’s efforts to upgrade its electrical infrastructure, integrate renewable energy sources, and ensure a more reliable and sustainable energy system for its residents.

California's power grid has faced numerous challenges in recent years, including extreme weather events, high energy demand, and an increasing reliance on renewable energy sources. The state's electrical infrastructure has struggled to keep pace with these demands, leading to concerns about reliability, efficiency, and the capacity to handle new energy technologies. The recent federal funding is a critical component of a broader strategy to address these issues and prepare the grid for future demands.

The $500 million in federal funds is part of a larger initiative to support energy infrastructure projects across the United States, including a Washington state grant that strengthens regional infrastructure. The investment aims to modernize aging grid systems, improve energy efficiency, and enhance the integration of renewable energy sources. For California, this funding represents a significant opportunity to address several key areas of concern in its power grid.

One of the primary objectives of the funding is to enhance the resilience of the power grid. California has experienced a series of extreme weather events, including wildfires and heatwaves, driven in part by climate change impacts across the U.S., which have put considerable strain on the electrical infrastructure. The new investment will support projects designed to strengthen the grid’s ability to withstand and recover from these events. This includes upgrading infrastructure to make it more robust and less susceptible to damage from natural disasters.

Another key focus of the funding is the integration of renewable energy sources. California is a leader in the adoption of solar and wind energy, and the state has set ambitious goals for increasing its use of clean energy. However, integrating these variable energy sources into the grid presents technical challenges, including ensuring a stable and reliable power supply. The federal funds will be used to develop and deploy advanced technologies that can better manage and store renewable energy, such as battery storage systems, improving the overall efficiency and effectiveness of the grid.

In addition to resilience and renewable integration, the funding will also support efforts to modernize grid infrastructure. This includes upgrading transmission and distribution systems, implementing smarter electricity infrastructure and smart grid technologies, and enhancing grid management and control systems. These improvements are essential for creating a more flexible and responsive power grid that can meet the evolving needs of California’s energy landscape.

The investment in grid modernization also aligns with California’s broader climate goals. The state has set targets to reduce greenhouse gas emissions and increase the use of clean energy sources as it navigates keeping the lights on during its energy transition. By improving the power grid and supporting the integration of renewable energy, California is making progress toward achieving these goals while also creating jobs and stimulating economic growth.

The allocation of federal funds comes at a crucial time for California. The state has faced significant challenges in recent years, including power outages, energy reliability issues, and increasing energy costs that make repairing California's grid especially complex today. The new funding is expected to address many of these concerns by supporting critical infrastructure improvements and ensuring that the state’s power grid can meet current and future demands.

Federal and state officials have expressed strong support for the funding and its potential impact. The investment is seen as a major step forward in creating a more resilient and sustainable energy system for California. It is also expected to serve as a model for other states facing similar challenges in modernizing their power grids and integrating renewable energy sources.

The federal funding is part of a broader push to address infrastructure needs across the country. The Biden administration has prioritized investment in energy infrastructure, including a $34 million DOE initiative supporting grid improvements, as part of its broader agenda to combat climate change and build a more sustainable economy. The funding for California’s power grid is a reflection of this commitment and an example of how federal resources can support state and local efforts to improve infrastructure and address pressing energy challenges.

In summary, California’s receipt of over $500 million in federal funds represents a significant investment in the state’s power grid. The funding will support efforts to enhance grid resilience, integrate renewable energy sources, and modernize infrastructure. As California continues to face challenges related to extreme weather, energy reliability, and climate goals, this investment will play a crucial role in building a more reliable, efficient, and sustainable energy system. The initiative also highlights the importance of federal support in addressing infrastructure needs and advancing environmental and economic goals.

 

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Consumer choice has suddenly revolutionized the electricity business in California. But utilities are striking back

California Community Choice Aggregators are reshaping electricity markets with renewable energy, solar and wind sourcing, competitive rates, and customer choice, challenging PG&E, SDG&E, and Southern California Edison while advancing California's clean power goals.

 

Key Points

Local governments that buy power, often cleaner and cheaper, while utilities handle delivery and billing.

✅ Offer higher renewable mix than utilities at competitive rates

✅ Utilities retain transmission and billing responsibilities

✅ Rapid expansion threatens IOU market share across California

 

Nearly 2 million electricity customers in California may not know it, but they’re part of a revolution. That many residents and businesses are getting their power not from traditional utilities, but via new government-affiliated entities known as community choice aggregators. The CCAs promise to deliver electricity more from renewable sources, such as solar and wind, even as California exports its energy policies across Western states, and for a lower price than the big utilities charge.

The customers may not be fully aware they’re served by a CCA because they’re still billed by their local utility. But with more than 1.8 million accounts now served by the new system and more being added every month, the changes in the state’s energy system already are massive.

Faced for the first time with real competition, the state’s big three utilities have suddenly become havens of innovation. They’re offering customers flexible options on the portion of their power coming from renewable energy, amid a broader review to revamp electricity rates aimed at cleaning the grid, and they’re on pace to increase the share of power they get from solar and wind power to the point where they are 10 years ahead of their deadline in meeting a state mandate.

#google#

But that may not stem the flight of customers. Some estimates project that by late this year, more than 3 million customers will be served by 20 CCAs, and that over a longer period, Pacific Gas & Electric, Southern California Edison, and San Diego Gas & Electric could lose 80% of their customers to the new providers.

Two big customer bases are currently in play: In Los Angeles and Ventura counties, a recently launched CCA called the Clean Power Alliance is hoping by the end of 2019 to serve nearly 1 million customers. Unincorporated portions of both counties and 29 municipalities have agreed in principle to join up.

Meanwhile, the city of San Diego is weighing two options to meet its goal of 100% clean power by 2035, as exit fees are being revised by the utilities commission: a plan to be submitted by SDG&E, or the creation of a CCA. A vote by the City Council is expected by the end of this year. A city CCA would cover 1.4 million San Diegans, accounting for half SDG&E’s customer demand, according to Cody Hooven, the city’s chief sustainability officer.

Don’t expect the big companies to give up their customers without a fight. Indeed, battle lines already are being drawn at the state Public Utilities Commission, where a recent CPUC ruling sided with a community energy program over SDG&E, and local communities.

“SDG&E is in an all-out campaign to prevent choice from happening, so that they maintain their monopoly,” says Nicole Capretz, who wrote San Diego’s climate action plan as a city employee and now serves as executive director of the Climate Action Campaign, which supports creation of the CCA.

California is one of seven states that have legalized the CCA concept, even as regulators weigh whether the state needs more power plants to ensure reliability. (The others are New York, New Jersey, Massachusetts, Ohio, Illinois and Rhode Island.) But the scale of its experiment is likely to be the largest in the country, because of the state’s size and the ambition of its clean-power goal, which is for 50% of its electricity to be generated from renewable sources by 2030.

California created its system via legislative action in 2002. Assembly Bill 117 enabled municipalities and regional governments to establish CCAs anywhere that municipal power agencies weren’t already operating. Electric customers in the CCA zones were automatically signed up, though they could opt out and stay with their existing power provider. The big utilities would retain responsibility for transmission and distribution lines.

The first CCA, Marin Clean Energy, began operating in 2010 and now serves 470,000 customers in Marin and three nearby counties.

The new entities were destined to come into conflict with the state’s three big investor-owned utilities. Their market share already has fallen to about 70%, from 78% as recently as 2010, and it seems destined to keep falling. In part that’s because the CCAs have so far held their promise: They’ve been delivering relatively clean power and charging less.

The high point of the utilities’ hostility to CCAs was the Proposition 16 campaign in 2009. The ballot measure was dubbed the “Taxpayers Right to Vote Act,” but was transparently an effort to smother CCAs in the cradle. PG&E drafted the measure, got it on the ballot, and contributed all of the $46.5 million spent in the unsuccessful campaign to pass it.

As recently as last year, PG&E and SDG&E were lobbying in the legislature for a bill that would place a moratorium on CCAs. The effort failed, and hasn’t been revived this year.

Rhetoric similar to that used by PG&E against Marin’s venture has surfaced in San Diego, where a local group dubbed “Clear the Air” is fighting the CCA concept by suggesting that it could be financially risky for local taxpayers and questioning whether it will be successful in providing cleaner electricity. Whether Clear the Air is truly independent of SDG&E’s parent, Sempra Energy, is questionable, as at least two of its co-chairs are veteran lobbyists for the company.

SDG&E spokeswoman Helen Gao says the utility supports “customers’ right to choose an energy provider that best meets their needs” and expects to maintain a “cooperative relationship” with any provider chosen by the city.

 

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N.S. approves new attempt to harness Bay of Fundy's powerful tides

Bay of Fundy Tidal Energy advances as Nova Scotia permits Jupiter Hydro to test floating barge platforms with helical turbines in Minas Passage, supporting renewable power, grid-ready pilots, and green jobs in rural communities.

 

Key Points

A Nova Scotia tidal energy project using helical turbines to generate clean power and create local jobs.

✅ Permits enable 1-2 MW prototypes near Minas Passage

✅ Floating barge platforms with patented helical turbines

✅ PPA at $0.50/kWh with Nova Scotia Power

 

An Alberta-based company has been granted permission to try to harness electricity from the powerful tides of the Bay of Fundy.

Nova Scotia has issued two renewable energy permits to Jupiter Hydro.

Backers have long touted the massive energy potential of Fundy's tides -- they are among the world's most powerful -- but large-scale commercial efforts to harness them have borne little fruit so far, even as a Scottish tidal project recently generated enough power to supply nearly 4,000 homes elsewhere.

The Jupiter application says it will use three "floating barge type platforms" carrying its patented technology. The company says it uses helical turbines mounted as if they were outboard motors.

"Having another company test their technology in the Bay of Fundy shows that this early-stage industry continues to grow and create green jobs in our rural communities," Energy and Mines Minister Derek Mombourquette said in a statement.

The first permit allows the company to test a one-megawatt prototype that is not connected to the electricity grid.

The second -- a five-year permit for up to two megawatts -- is renewable if the company meets performance standards, environmental requirements and community engagement conditions.

Mombourquette also authorized a power purchase agreement that allows the company to sell the electricity it generates to the Nova Scotia grid through Nova Scotia Power for 50 cents per kilowatt hour.

On its web site, Jupiter says it believes its approach "will prove to be the most cost effective marine energy conversion technology in the world," even as other regional utilities consider initiatives like NB Power's Belledune concept for turning seawater into electricity.

The one megawatt unit would have screws which are about 5.5 metres in diameter.

The project is required to obtain all other necessary approvals, permits and authorizations.

It will be located near the Fundy Ocean Research Center for Energy in the Minas Passage and will use existing electricity grid connections.

A study commissioned by the Offshore Energy Research Association of Nova Scotia says by 2040, the tidal energy industry could contribute up to $1.7 billion to Nova Scotia's gross domestic product and create up to 22,000 full-time jobs, a transition that some argue should be planned by an independent body to ensure reliability.

Last month, Nova Scotia Power said it now generates 30 per cent of its power from renewables, as the province moves to increase wind and solar projects after abandoning the Atlantic Loop.

The utility says 18 per cent came from wind turbines, nine per cent from hydroelectric and tidal turbines and three per cent by burning biomass across its fleet.

However, over half of the province's electrical generation still comes from the burning of coal or petroleum coke, even as environmental advocates push to reduce biomass use in the mix. Another 13 per cent come from burning natural gas and five per cent from imports.

 

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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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