China experiments with solar-thermal power

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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Indonesia Coal Production Cuts reflect weaker China demand, COVID-19 impacts, falling HBA reference prices, and DMO sales to PLN, pressuring thermal coal output, miner budgets, and investment plans under the 2020 RKAB.

Key Points

Planned 2020 coal output reductions from China demand slump, lower HBA prices, and DMO constraints impacting miners.

✅ China demand drop reduces exports and thermal coal shipments.

✅ HBA reference price decline pressures margins and cash flow.

✅ DMO sales to PLN limit revenue; investment plans may slow.

The Energy and Mineral Resources (ESDM) Ministry is considering lowering the coal production target this year as demand from China has shown a significant decline, with China power demand drops reported, since the start of the outbreak of the novel coronavirus in the country late last year, a senior ministry official has said.

The ministry’s coal and mineral director general Bambang Gatot Ariyono said in Jakarta on March 12 that the decline in the demand had also caused a sharp drop in coal prices on the world market, and China's plan to reduce coal power has further weighed on sentiment, which could cause the country’s miners to reduce their production.

The 2020 minerals and coal mining program and budget (RKAB) has set a current production goal of 550 million tons of coal, a 10 percent increase from last year’s target. As of March 6, 94.7 million tons of coal had been mined in the country in the year.

“With the existing demand, revision to this year’s production is almost certain,” he said, adding that the drop in demand had also caused a decline in coal prices.

Indonesia’s thermal coal reference price (HBA) fell by 26 percent year-on-year to US$67.08 per metric ton in March, according to a Standards & Poor press release on March 5.  At home, the coal price is also unattractive for local producers. Under the domestic market obligation (DMO) policy, miners are required to sell a quarter of their production to state-owned electricity company PLN at a government-set price, even as imported coal volumes rise in some markets. This year’s coal reference price is $70 per metric ton, far below the internal prices before the coronavirus outbreak hit China.

The ministry’s expert staff member Irwandy Arif said China had reduced its coal demand by 200,000 tons so far, as six of its coal-fired power plants had suspended operation due to the significant drop in electricity demand. Many factories in the country were closed as the government tried to halt the spread of the new coronavirus, which caused the decline in energy demand and created electric power woes for international supply chains.

“At present, all mines in Indonesia are still operating normally, while India is rationing coal supplies amid surging electricity demand. But we have to see what will happen in June,” he said.

The ministry predicted that the low demand would also result in a decline in coal mining investment, as clean energy investment has slipped across many developing nations.

The ministry set a $7.6 billion investment target for the mining sector this year, up from $6.17 billion last year, even as Israel reduces coal use in its power sector, which may influence regional demand. The year’s total investment realization was $192 million as of March 6, or around 2.5 percent of the annual target. 

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California Storm Outages and Landslides strain utilities, trigger flooding, road closures, and debris flows, causing widespread power cuts and infrastructure damage as emergency response teams race to restore service, clear slides, and support evacuations.

Key Points

California Storm Outages and Landslides are storm-driven power cuts and slope failures disrupting roads and utilities.

✅ Tens of thousands face prolonged power outages across regions

✅ Landslides block highways, damage property, hinder access

✅ Crews restore grids, clear debris, support shelters and evacuees

California is grappling with a dual crisis of power outages and landslides following a severe storm that has swept across the state. The latest reports indicate widespread disruptions affecting thousands of residents and significant infrastructure damage. This storm is not only a test of California's emergency response capabilities but also a stark reminder of the increasing vulnerability of the state to extreme weather events, and of the U.S. electric grid in the face of climate stressors.

Storm’s Impact on California

The recent storm, which hit California with unprecedented intensity, has unleashed torrential rain, strong winds, and widespread flooding. These severe weather conditions have overwhelmed the state’s infrastructure, leading to significant power outages that are affecting numerous communities. According to local utilities, tens of thousands of homes and businesses are currently without electricity. The outages have been exacerbated by the combination of heavy rain and gusty winds, which have downed power lines and damaged electrical equipment.

In addition to the power disruptions, the storm has triggered a series of landslides across various regions. The combination of saturated soil and intense rainfall has caused several hillside slopes to give way, leading to road closures and property damage. Emergency services are working around the clock to address the aftermath of these landslides, but access to affected areas remains challenging due to blocked roads and ongoing hazardous conditions.

Emergency Response and Challenges

California’s emergency response teams are on high alert as they coordinate efforts to manage the fallout from the storm. Utility companies are deploying repair crews to restore power as quickly as possible, but the extensive damage to infrastructure means that some areas may be without electricity for several days. The state’s Department of Transportation is also engaged in clearing debris from landslides and repairing damaged roads to ensure that emergency services can reach affected communities.

The response efforts are complicated by the scale of the storm’s impact. With many areas experiencing both power outages and landslides, the logistical challenges are immense. Emergency shelters have been set up to provide temporary refuge for those displaced by the storm, but the capacity is limited, and there are concerns about overcrowding and resource shortages.

Community and Environmental Implications

The storm’s impact on local communities has been profound. Residents are facing not only the immediate challenges of power outages and unsafe road conditions but also longer-term concerns about recovery and rebuilding. Many individuals have been forced to evacuate their homes, and local businesses are struggling to cope with the disruption.

Environmental implications are also significant. The landslides and flooding have caused considerable damage to natural habitats and have raised concerns about water contamination and soil erosion. The impact on the environment could have longer-term consequences for the state’s ecosystems and water supply.

Climate Change and Extreme Weather

This storm underscores a growing concern about the increasing frequency and intensity of extreme weather events linked to climate change. California has been experiencing a rise in severe weather patterns, including intense storms, prolonged droughts, and extreme heat waves that strain the grid. These changes are putting additional strain on the state’s infrastructure and emergency response systems.

Experts have pointed out that while individual storms cannot be directly attributed to climate change, the overall trend towards more extreme weather is consistent with scientific predictions. As such, there is a pressing need for California to invest in infrastructure improvements and resilience measures, and to consider accelerating its carbon-free electricity mandate to better withstand future events.

Looking Ahead

As California deals with the immediate aftermath of this storm, attention will turn to recovery and rebuilding efforts. The state will need to address the damage caused by power outages and landslides while also preparing for future challenges posed by climate change.

In the coming days, the focus will be on restoring power, clearing debris, and providing support to affected communities. Long-term efforts will likely involve reassessing infrastructure vulnerabilities, improving emergency response protocols, and investing in climate resilience measures across the grid.

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Russian Utility Grid Cyberattacks reveal DHS findings on Dragonfly/Energetic Bear breaching control rooms and ICS/SCADA via vendor supply-chain spear-phishing, threatening blackouts and critical infrastructure across U.S. power utilities through stolen credentials and reconnaissance.

Key Points

State-backed ops breaching utilities via vendors to reach ICS/SCADA, risking grid disruption and control-room access.

✅ Spear-phishing and watering-hole attacks on vendor networks

✅ Stolen credentials used to reach isolated ICS/SCADA

✅ Potential to trigger localized blackouts and service disruptions

Hackers working for Russia were able to gain access to the control rooms of US electric utilities last year, allowing them to cause blackouts, federal officials tell the Wall Street Journal.

The hackers -- working for a state-sponsored group previously identified as Dragonfly or Energetic Bear -- broke into utilities' isolated networks by hacking networks belonging to third-party vendors that had relationships with the power companies, the Department of Homeland Security said in a press briefing on Monday.

Officials said the campaign had claimed hundreds of victims and is likely continuing, the Journal reported.

"They got to the point where they could have thrown switches" to disrupt the flow power, Jonathan Homer, chief of industrial-control-system analysis for DHS, told the Journal.

"While hundreds of energy and non-energy companies were targeted, the incident where they gained access to the industrial control system was a very small generation asset that would not have had any impact on the larger grid if taken offline," the DHS said in a statement Tuesday. "Over the course of the past year as we continued to investigate the activity, we learned additional information which would be helpful to industry in defending against this threat."

Organizations running the nation's energy, nuclear and other critical infrastructure have become frequent targets for cyberattacks in recent years due to their ability to cause immediate chaos, whether it's starting a blackout or blocking traffic signals. These systems are often vulnerable because of antiquated software and the high costs of upgrading infrastructure.

The report comes amid heightened tension between Russia and the US over cybersecurity, alongside US condemnation of power grid hacking in recent months. Earlier this month, US special counsel Robert Mueller filed charges against 12 Russian hackers tied to cyberattacks on the Democratic National Committee.

Hackers compromised US power utility companies' corporate networks with conventional approaches, such as spear-phishing emails and watering-hole attacks as seen in breaches at power plants across the US that target a specific group of users by infecting websites they're known to visit, the newspaper reported. After gaining access to vendor networks, hackers turned their attention to stealing credentials for access to the utility networks and familiarizing themselves with facility operations, officials said, according to the Journal.

Homeland Security didn't identify the victims, the newspaper reports, adding that some companies may not know they had been compromised because the attacks used legitimate credentials to gain access to the networks.

Cyberattacks on electrical systems aren't an academic matter. In 2016, Ukraine's grid was disrupted by cyberattacks attributed to Russia, which is engaged in territorial disputes with the country over eastern Ukraine and the Crimean peninsula. Russia has denied any involvement in targeting critical infrastructure.

President Donald Trump signed an executive order in May designed to bolster the United States' cybersecurity by protecting federal networks, critical infrastructure and the public online. One section of the order focuses on protecting the grid like electricity and water, as well as financial, health care and telecommunications systems.

The Department of Homeland Security didn't respond to a request for comment.

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Africa Energy Access Funding faces disbursement bottlenecks as SDG 7 goals demand investment in decentralized solar, minigrids, and rural electrification; COVID-19 pressures donors, requiring faster approvals, standardized documentation, and stronger project preparation and due diligence.

Key Points

Financing to expand Africa's electrification, advancing SDG 7 via disbursement to decentralized solar and minigrids.

✅ Accelerates investment for SDG 7 and rural electrification

✅ Prioritizes decentralized solar, minigrids, and utilities

✅ Speeds approvals, standard docs, and project preparation

The time frame from final funding approval to disbursement can be the most painful part of any financing process, and the access-to-electricity sector is not spared.

Amid the global spread of the coronavirus over the last few weeks, there have been several funding pledges to promote access to electricity in Africa. In March, the African Development Bank and other partners committed $160 million for the Facility for Energy Inclusion to boost electricity connectivity in Africa through small-scale solar systems and minigrids. Similarly, the Export-Import Bank of the United States allocated $91.5 million for rural electrification in Senegal.

Rockefeller chief wants to redefine 'energy poverty'

Rajiv Shah, president of The Rockefeller Foundation, believes that SDG 7 on energy access lacks ambition. He hopes to drive an effort to redefine it.

Currently, funding is not being adequately deployed to help achieve universal access to energy. The International Energy Agency’s “Africa Energy Outlook 2019” report estimated that an almost fourfold increase in current annual access-to-electricity investments — approximately $120 billion a year over the next 20 years — is required to provide universal access to electricity for the 530 million people in Africa that still lack it.

While decentralized renewable energy across communities, particularly solar, has been instrumental in serving the hardest-to-reach populations, tracking done by Sustainable Energy for All — in the 20 countries with about 80% of those living without access to sustainable energy — suggests that decentralized solar received only 1.2% of the total electricity funding.

The spread of COVID-19 is contributing significantly to Africa’s electricity challenges across the region, creating a surge in the demand for energy from the very important health facilities, an exponential increase in daytime demand as a result of most people staying and working indoors, and a rise from some food processing companies that have scaled up their business operations to help safeguard food security, among others. Thankfully — and rightly so — access-to-electricity providers are increasingly being recognized as “essential service” providers amid the lockdowns across cities.

To start tackling Africa’s electricity challenges more effectively, “funding-ready” energy providers must be able to access and fulfill the required conditions to draw down on the already pledged funding. What qualifies as “funding readiness” is open to argument, but having a clear, commercially viable business and revenue model that is suitable for the target market is imperative.

Developing the skills required to navigate the due-diligence process and put together relevant project documents is critical and sometimes challenging for companies without prior experience. Typically, the final form of all project-related agreements is a prerequisite for the final funding approval.

In addition, having the right internal structures in place — for example, controls to prevent revenue leakage, an experienced management team, a credible board of directors, and meeting relevant regulatory requirements such as obtaining permits and licenses — are also important indicators of funding readiness.

1. Support for project preparation. Programs — such as the Private Financing Advisory Network and GET.invest’s COVID-19 window — that provide business coaching to energy project developers are key to helping surmount these hurdles and to increasing the chances of these projects securing funding or investment. Donor funding and technical-assistance facilities should target such programs.

2. Project development funds. Equity for project development is crucial but difficult to attract. Special funds to meet this need are essential, such as the $760,000 for the development of small-scale renewable energy projects across sub-Saharan Africa recently approved by the African Development Bank-managed Sustainable Energy Fund for Africa.

3. Standardized investment documentation. Even when funding-ready energy project developers have secured investors, delays in fulfilling the typical preconditions to draw down funds have been a major concern. This is a good time for investors to strengthen their technical assistance by supporting the standardization of approval documents and funding agreements across the energy sector to fast-track the disbursement of funds.

4. Bundled investment approvals and more frequent approval sessions. While we implement mechanisms to hasten the drawdown of already pledged funding, there is no better time to accelerate decision-making for new access-to-electricity funding to ensure we are better prepared to weather the next storm. Donors and investors should review their processes to be more flexible and allow for more frequent meetings of investment committees and boards to approve transactions. Transaction reviews and approvals can also be conducted for bundled projects to reduce transaction costs.

5. Strengthened local capacity. African countries must also commit to strengthening the local manufacturing and technical capacity for access-to-electricity components through fiscal incentives such as extended tax holidays, value-added-tax exemptions, accelerated capital allowances, and increased investment allowances.

The ongoing pandemic and resulting impacts due to lack of electricity have further shown the need to increase the pace of implementation of access-to-electricity projects. We know that some of the required capital exists, and much more is needed to achieve Sustainable Development Goal 7 — about access to affordable and clean energy for all — by 2030.

It is time to accelerate our support for access-to-electricity companies and equip them to draw down on pledged funding, while calling on donors and investors to speed up their funding processes to ensure the electricity gets to those most in need.

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Australia-PNG Infrastructure Rollout delivers electricity and broadband expansion across PNG, backed by New Zealand, the US, Japan, and South Korea, enhancing telecom capacity, digital connectivity, and regional development ahead of the APEC summit.

Key Points

A multi-billion-dollar plan to expand power and broadband in PNG, covering 70% of users with allied support.

✅ Delivers internet to 70% of PNG households and communities

✅ Expands electricity grid, boosting reliability and access

✅ Backed by NZ, US, Japan, and S. Korea; complements APEC investments

Australia will lead a new multi-billion-dollar electricity and internet rollout in Papua New Guinea, with the PM rules out taxpayer-funded power plants stance underscoring its approach to energy policy.

The Australian newspaper reported New Zealand, the US, Japan, whose utilities' offshore wind deal in the UK signaled expanding energy interests, and South Korea are supporting the project, which will be PNG's largest ever development investment.

The project will deliver internet to 70 percent of PNG and improve access to power, even as clean energy investment in developing nations has slipped sharply, according to a recent report.

Both China and the US are also expected to announce new investments in the region at the APEC summit this week, and recent China-Cambodia nuclear energy cooperation underscores those energy ties.

Beijing will announce new mining and energy investments in PNG, echoing projects such as the Chinese-built electricity poles plant in South Sudan, and two Confucius Insitutes to be housed at PNG universities.

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