EPRI joins Ford-SCE analysis of plug-in hybrids on grid

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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Nova Scotia Cap-and-Trade Program joins Western Climate Initiative to leverage emissions trading IT systems, track allowances, and manage compliance, while setting in-province caps, carbon pricing signals, and third-party verified reporting for industrial and fuel suppliers.

Key Points

A provincial emissions trading system using WCI services to cap GHGs, track allowances, and enforce verified compliance.

✅ Uses WCI IT system to manage allowances and registry

✅ Initial trading limited to in-province participants

✅ Third-party verification and annual reporting deadlines

Nova Scotia is yet to set targets for its new cap and trade regime to reduce greenhouse gases, but the province announced Monday that it has joined the Western Climate Initiative Inc. -- a non-profit corporation formed to provide administrative and technical services to states and provinces with emissions trading programs.

Environment Minister Iain Rankin said joining the initiative would allow the province to use its IT system to manage and track its new cap and trade program.

Rankin said the province can join without trading greenhouse gas emission allowances with other jurisdictions -- California, Quebec, and Ontario are currently linked through the program, with Hydro-Québec's U.S. sales highlighting cross-border dynamics. Nova Scotia currently has no plans to trade outside the province as it works on emissions caps Rankin said will be ready sometime in June.

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Nova Scotia is yet to set targets for its new cap and trade regime to reduce greenhouse gases, but the province announced Monday that it has joined the Western Climate Initiative Inc. -- a non-profit corporation formed to provide administrative and technical services to states and provinces with emissions trading programs.

Environment Minister Iain Rankin said joining the initiative would allow the province to use its IT system to manage and track its new cap and trade program.

Rankin said the province can join without trading greenhouse gas emission allowances with other jurisdictions -- California, Quebec, and Ontario are currently linked through the program. Nova Scotia currently has no plans to trade outside the province as it works on emissions caps Rankin said will be ready sometime in June.

"By keeping our system internal it ensures that our greenhouse gas reductions are happening within our province," said Rankin. "But we do have that opportunity (to join) and if there are new entrants or we need more access to credits then that may shift our strategy."

The use of the system will cost Nova Scotia about US$314,000 for 2018-19, with an annual cost in subsequent years of about US$228,000 or more, if the province requests modifications.

"If we were to do something like that internally we would have to build a full database and hire more people, so this was an obvious choice for us," said Rankin.

Nova Scotia has already met the national reduction target of 30 per cent below 2005 levels and says it's on track to have 40 per cent of electricity generation from renewables by 2020, underscoring how cleaning up Canada's electricity supports climate pledges.

Stephen Thomas, energy campaign coordinator for the Ecology Action Centre, called the province's move an "important small step," stressing the importance of using the same administrative rules as the other jurisdictions involved.

But Thomas said Nova Scotia should go further and trade emissions with California, Quebec, and Ontario, and also put a price on carbon by auctioning credits as they do.

Thomas said Nova Scotia's system stands to be volatile because of the smaller number of participants -- about 20 including Nova Scotia Power, Northern Pulp, Lafarge, and large oil and gasoline companies such as ExxonMobil, Imperial and Irving.

"It's very likely to favour Nova Scotia Power as the largest single emitter with the most credits to sell here, and that would change if we had a linked system, at a time when Canada will need more electricity to hit net-zero according to the IEA," Thomas said.

He said it's important to have a linked system and a regional approach in Atlantic Canada, which has more emissions per person and more emissions per GDP than places like Ontario, Quebec and California, and where policies like Newfoundland's rate reduction plan can influence electricity strategy.

"Reducing emissions, because we are so emissions-intensive here, is a little bit cheaper," said Thomas. "So it's possible that Ontario, Quebec and California could pay Nova Scotia to reduce its emissions."

Under its program, Nova Scotia requires industrial facilities generating 50,000 tonnes or more of greenhouse gas emissions per year to report emissions.

Regulations also cover petroleum product suppliers that import or produce 200 litres of fuel or more per year for consumption and natural gas distributors whose products produce at least 10,000 tonnes of greenhouse gas emissions a year.

Companies were to have reported to the Environment Department by May 1 but Rankin said the deadline has been pushed back to June 1, a deadline that was to be followed in subsequent years in any event. Reports must be verified by a third party by Sept. 1 every year.

The Liberal government passed enabling legislation for cap and trade last fall.

As for the upcoming emissions caps, Rankin isn't tipping the province's hand yet, even as B.C.'s 2050 targets face a shortfall in some forecasts.

"Those caps will recognize the investments that have already been made and therefore will be the most cost-effective program that we can put together to meet the federal requirement," he said.

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Fukushima Hydrogen Energy System leverages a 10,000 kW H2 production hub for grid balancing, demand response, and renewable integration, delivering hydrogen supply across Tohoku while supporting storage, forecasting, and flexible power management.

Key Points

A 10,000 kW H2 project in Namie for grid balancing, renewable integration, and regional hydrogen supply.

✅ 10,000 kW H2 production hub in Namie, Fukushima

✅ Balances renewable-heavy grids via demand response

✅ Supported by NEDO; partners Toshiba, Tohoku Electric, Iwatani

Toshiba Corporation, Tohoku Electric Power Co. and Iwatani Corporation have announced they will construct and operate a large-scale hydrogen (H2) energy system in Japan, based on a 10,000 kilowat class H2 production facility, which reflects advances in PEM hydrogen R&D worldwide.

The system, which will be built in Namie-Cho, Fukushima, will use H2 to offset grid loads and deliver H2 to locations in Tohoku and beyond, while complementary approaches like power-to-gas storage in Europe demonstrate broader storage options, and will seek to demonstrate the advantages of H2 as a solution in grid balancing and as a H2 gas supply.

The product has won a positive evaluation from Japan’s New Energy and Industrial Technology Development Organisation (NEDO), and its continued support for the transition to the technical demonstration phase. The practical effectiveness of the large-scale system will be determined by verification testing in financial year 2020, even as interest grows in nuclear beyond electricity for complementary services.

The main objectives of the partners are to promote expanded use of renewable energy in the electricity grid, including UK offshore wind investment by Japanese utilities, in order to balance supply and demand and process load management; and to realise a new control system that optimises H2 production and supply with demand forecasting for H2.

Hiroyuki Ota, General Manager of Toshiba’s Energy Systems and Solutions Company, said, “Through this project, Toshiba will continue to provide comprehensive H2 solutions, encompassing all processes from the production to utilisation of hydrogen.”

Manager of Tohoku Electric Power Co., Ltd, Mitsuhiro Matsumoto, added, “We will study how to use H2 energy systems to stabilize electricity grids with the aim of increasing the use of renewable energy and contributing to Fukushima.”

Moriyuki Fujimoto, General Manager of Iwatani Corporation, commented, “Iwatani considers that this project will contribute to the early establishment of a H2 economy that draws on our experience in the transportation, storage and supply of industrial H2, and the construction and operation of H2stations.”

Japan’s Ministry of Economy, Trade and Industry’s ‘Long-term Energy Supply and Demand Outlook’ targets increasing the share of renewable energy in Japan’s overall power generation mix from 10.7% in 2013 to 22-24% by 2030. Since output from renewable energy sources is intermittent and fluctuates widely with the weather and season, grid management requires another compensatory power source, as highlighted by a near-blackout event in Japan. The large hydrogen energy system is expected to provide a solution for grids with a high penetration of renewables.

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Australia Clean Energy Target drives renewables in the National Electricity Market, with RepuTex modelling and the Finkel Review showing lower wholesale prices and emissions as gas generators set prices less often under ambitious targets.

Key Points

Policy boosting low emissions generation to cut electricity emissions and lower wholesale prices across Australia.

✅ Ambitious targets lower wholesale prices through added generation

✅ RepuTex modelling shows renewables displace costly gas peakers

✅ Finkel Review suggests CET cuts emissions and boosts reliability

The more ambitious a clean energy target is, the lower Australian wholesale electricity prices will be, according to new modelling by energy analysis firm RepuTex.

The Finkel review, released last month recommended the government introduce a clean energy target (CET), which it found would cut emissions from the national electricity market and put downward pressure on both wholesale and retail prices, aligning with calls to favor consumers over generators in market design.

The Finkel review only modelled a CET that would cut emissions from the electricity sector by 28% below 2005 levels by 2030. But all available analysis has demonstrated that such a cut would not be enough to meet Australia’s overall emissions reductions made as part of the Paris agreement, which themselves were too weak to help meet the central aim of that agreement – to keep global warming to “well below 2C”.

RepuTex modelled the effect of a CET that cut emissions from the electricity sector by 28% – like that modelled in the Finkel Review – as well as one it said was consistent with 2C of global warming, which would cut emissions from electricity by 45% below 2005 levels by 2030.

It found both scenarios caused wholesale prices to drop significantly compared to doing nothing, despite IEA warnings on falling energy investment that could lead to shortages, with the more ambitious scenario resulting in lower wholesale prices between 2025 and 2030.

In the “business as usual scenario”, RepuTex found wholesale prices would hover roughly around the current price of $100 per MWh.

Under a CET that reduced electricity emissions by 28%, prices would drop to under $40 around 2023, and then rise to nearly $60 by 2030.

The more ambitious CET had a broadly similar effect on wholesale prices. But RepuTex found it would drive prices down a little slower, but then keep them down for longer, stabilising at about $40 to $50 for most of the 2020s.

It found a CET would drive prices down by incentivising more generation into the market. The more ambitious CET would further suppress prices by introducing more renewable energy, resulting in expensive gas generators less often being able to set the price of electricity in the wholesale market, a dynamic seen with UK natural gas price pressures recently.

The downward pressure of a CET on wholesale prices was more dramatic in the RepuTex report than in Finkel’s own modelling. But that was largely because, as Alan Finkel himself acknowledged, the estimates of the costs of renewable energy in the Finkel review modelling were conservative.

Speaking at the National Press Club, Finkel said: “We were conservative in our estimates of wind and large-scale solar generator prices. Indeed, in recent months the prices for wind generation have already come in lower than what we modelled.”

The RepuTex modelling also found the economics of the national electricity market no longer supported traditional baseload generation – such as coal power plants that were unable to respond flexibly to demand, with debates over power market overhauls in Alberta underscoring similar tensions – and so they would not be built without the government distorting the market.

“With a premium placed on flexible generation that can ramp up or down, baseload only generation – irrespective of how clean or dirty it is – is likely to be too inflexible to compete in Australia’s future electricity system,” the report said.

“In this context, renewable energy remains attractive to the market given it is able to deliver energy reliability, with no emissions, at low cost prices, with clean grid and battery trends in Canada informing the shift for policymakers. This affirms that renewables are a lay down misere to out-compete traditionally fossil-fuel sources in Australia for the foreseeable future.”

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Spain Electricity Demand April 2020 saw a 17.3% year-on-year drop as COVID-19 lockdown curbed activity; renewables and wind power lifted the emission-free share, while combined cycle plants dominated islands, per REE data.

Key Points

A 17.3% y/y decline amid COVID-19 lockdown, with 47.9% renewables and wind at 21.3% of the national power mix.

✅ Mainland demand -17%; Balearic -27.6%; Canary -20.3%.

✅ Emission-free share: 49.7% on the peninsula in April.

✅ Combined cycle led islands; coal absent in Balearics.

Demand for electricity in Spain dropped by 17.3% year-on-year to an estimated 17,104 GWh in April, aligning with a 15% global daily demand dip during the pandemic, while the country’s economy slowed down under the national state of emergency and lockdown measures imposed to curb the spread of COVID-19.

According to the latest estimates by Spanish grid operator Red Electrica de Espana (REE), the decline in demand was registered across Spain’s entire national territory, similar to a 10% UK drop during lockdown. On the mainland, it decreased by 17% to 16,191 GWh, while on the Balearic and the Canary Islands it plunged by 27.6% and 20.3%, respectively.

Renewables accounted for 47.9% of the total national electricity production in April, echoing Britain’s cleanest electricity trends during lockdown. Wind power production went down 20% year-on-year to 3,730 GWh, representing a 21.3% share in the total power mix.

During April, electricity generation in the peninsula was mostly based on emission-free technologies, reflecting an accelerated power-system transition across Europe, with renewables accounting for 49.7%. Wind farms produced 3,672 GWh, 20.1% less compared to April 2019, while contributing 22% to the power mix, even as global demand later surpassed pre-pandemic levels in subsequent periods.

In the Balearic Islands, electricity demand of 323,296 MWh was for the most part met by combined cycle power plants, even as some European demand held firm in later lockdowns, which accounted for 78.3% of the generation. Renewables and emission-free technologies had a combined share of 6.4%, while coal was again absent from the local power mix, completing now four consecutive months without contributing a single MWh.

In the Canary Islands system, demand for power decreased to 558,619 MWh, even as surging demand elsewhere strained power systems across the world. Renewables and emission-free technologies made up 14.3% of the mix, while combined cycle power plants led with a 45.3% share.

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UK EV Per-Mile Taxes are reshaping road pricing and vehicle taxation for electric cars, raising fairness concerns, climate policy questions, and funding needs for infrastructure and charging networks across the country.

Key Points

They are per-mile road charges on EVs to fund infrastructure, raising fairness, emissions, and vehicle taxation concerns.

✅ Propose tax relief or credits for EV owners

✅ Consider emission-based road user charging

✅ Invest in charging networks and road infrastructure

As the UK continues its push towards a greener future with increased adoption of electric vehicles (EVs) and surging EV interest during supply disruptions, a growing number of electric car drivers are voicing their frustration over the current tax system. The debate centers around the per-mile vehicle taxes that are being proposed and implemented, which many argue are unfairly burdensome on EV owners. This issue has sparked a broader campaign advocating for a more equitable approach to vehicle taxation, one that reflects the evolving landscape of transportation and environmental policy.

Rising Costs for Electric Car Owners

Electric vehicles have been hailed as a crucial component in the UK’s strategy to reduce carbon emissions and combat climate change. Government incentives, such as grants for EV purchases and tax breaks, have been instrumental in encouraging the shift from petrol and diesel cars to cleaner alternatives, even as affordability concerns persist among many UK consumers. However, as the number of electric vehicles on the road grows, the financial dynamics of vehicle taxation are coming under scrutiny.

One of the key issues is the introduction and increase of per-mile vehicle taxes. While these taxes are designed to account for road usage and infrastructure costs, they have been met with resistance from EV drivers who argue that they are being disproportionately affected. Unlike traditional combustion engine vehicles, electric cars typically have lower running costs compared to petrol or diesel models and, in many cases, benefit from lower or zero emissions. Yet, the current tax system does not always reflect these advantages.

The Taxation Debate

The crux of the debate lies in how vehicle taxes are structured and implemented. Per-mile taxes are intended to ensure that all road users contribute fairly to the maintenance of transport infrastructure. However, the implementation of such taxes has raised concerns about fairness and affordability, particularly for those who have invested heavily in electric vehicles.

Critics argue that per-mile taxes do not adequately take into account the environmental benefits of driving an electric car, noting that the net impact depends on the electricity generation mix in each market. While EV owners are contributing to a cleaner environment by reducing emissions, they are also facing higher taxes that could undermine the financial benefits of their greener choice. This has led to calls for a reassessment of the tax system to ensure that it aligns with the UK’s climate goals and provides a fair deal for electric vehicle drivers.

Campaigns for Fairer Taxation

In response to these concerns, several advocacy groups and individual EV owners have launched campaigns calling for a more balanced approach to vehicle taxation. These campaigns emphasize the need for a system that supports the transition to electric vehicles and recognizes their role in reducing environmental impact, drawing on ambitious EV targets abroad as useful benchmarks.

Key proposals from these campaigns include:

1. Tax Relief for EV Owners: Advocates suggest providing targeted tax relief for electric vehicle owners to offset the costs of per-mile taxes. This could include subsidies or tax credits that acknowledge the environmental benefits of EVs and help to make up for higher road usage fees.

2. Emission-Based Taxation: An alternative approach is to design vehicle taxes based on emissions rather than mileage. This system would ensure that those driving high-emission vehicles contribute more to road maintenance, while EV owners, who are already reducing emissions, are not penalized.

3. Infrastructure Investments: Campaigners also call for increased investments in infrastructure that supports electric vehicles, such as charging networks and proper grid management practices that balance load. This would help to address concerns about the adequacy of current road maintenance and support the growing number of EVs on the road.

Government Response and Future Directions

The UK government faces the challenge of balancing revenue needs with environmental goals. While there is recognition of the need to update the tax system in light of increasing EV adoption, there is also a focus on ensuring that any changes are equitable and do not disincentivize the shift towards cleaner vehicles, while considering whether the UK grid can handle additional EV demand reliably.

Discussions are ongoing about how to best implement changes that address the concerns of electric vehicle owners while ensuring that the transportation infrastructure remains adequately funded. The outcome of these discussions will be critical in shaping the future of vehicle taxation in the UK and supporting the country’s broader environmental objectives.

Conclusion

As electric vehicle adoption continues to rise in the UK, the debate over vehicle taxation becomes increasingly important. The campaign for fairer per-mile taxes highlights the need for a tax system that supports the transition to cleaner transportation while also being fair to those who have made environmentally conscious choices. Balancing these factors will be key to achieving the UK’s climate goals and ensuring that all road users contribute equitably to the maintenance of transport infrastructure. The ongoing dialogue and policy adjustments will play a crucial role in shaping a sustainable and just future for transportation in the UK.

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