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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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North Carolina Power Outages continue after Hurricane Florence, with Wilmington and Eastern Carolina facing flooding, storm damage, and limited access as Duke Energy crews and mutual aid work on restoration across affected counties.

Key Points

Outages after Hurricane Florence, with Wilmington and Eastern Carolina hardest hit as crews restore service amid floods.

✅ Over 250,000 outages statewide as of early Wednesday

✅ Wilmington cut off by flooding, hindering utility access

✅ Duke Energy and EMC crews conduct phased restoration

Power is slowly being restored to Eastern Carolina residents after Hurricane Florence made landfall near Wilmington on Friday, September 15, a scenario echoed by storm-related outages in Tennessee in recent days.

On Monday, more than half a million people remained without power across the state, a situation comparable to post-typhoon electricity losses in Hong Kong reported elsewhere.

As of Wednesday morning at 1am, the Dept. of Public Safety reports 252,596 total power outages in North Carolina, and utilities continue warning about copper theft hazards during restoration.

More than half of those customers are in Eastern Carolina.

More than 32,000 customers are without power in Carteret County and roughly 21,000 are without power in Onslow County.

In Craven County, roughly 15,000 people remain without power Wednesday morning.

Many of the state's outages are effecting the Wilmington area, where Florence made landfall and widespread flooding is still cutting off the city from outside resources, similar to how a fire-triggered outage in Los Angeles disrupted service regionally.

Heavy rain, strong winds and now flooded roadways have hindered power crews, challenges that utility climate adaptation aims to address while many of them have out-of-state or out-of-town help working to restore power to so many people.

Here's a breakdown of current outages by utility company:

DUKE ENERGY PROGRESS - 

• 1,350 in Beaufort Co. 
• 10,706 in Carteret Co. 
• 2,716 in Pamlico Co. 
• 7,422 in Craven Co. 
• 1,687 in Jones Co. 
• 13,319 in Onslow Co. 
• 7,452 in Pender Co. 
• 48,281 in New Hanover Co. 
• 5,257 in Duplin Co. 
• 488 in Lenoir Co. 
• 1,231 in Pitt Co.

JONES-ONSLOW EMC - 10,964 total 

• 7,699 in Onslow Co. 
• 2,366 in Pender Co. 
• 816 in Jones Co.

TIDELAND EMC - 

• 174 in Beaufort Co.
• 1,521 in Craven Co.
• 1,693 in Pamlico Co.

CARTERET-CRAVEN ELECTRIC CO OP- 

• 21,974 in Carteret Co. 
• 6,553 in Craven Co.
• 216 in Jones Co.

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Hydro One Leadership Shakeup unsettles investors as Ontario government ousts CEO and board, pressuring shares; analysts cite political and regulatory risk, stock volatility, trimmed price targets, and dividend stability at the regulated utility.

Key Points

An abrupt CEO exit and board overhaul at Hydro One, driving share declines and raising political and regulatory risk.

✅ Shares fall as CEO retires and board resigns under provincial pressure.

✅ Analysts cut price targets; warn of political, regulatory risks.

✅ New board to pick CEO; province consults on compensation.

Hydro One Ltd. shares slid Thursday with some analysts sounding warnings of greater uncertainty after the new Ontario government announced the retirement of the electrical utility's chief executive and the replacement of its board of directors.

 After sagging by almost eight per cent in early trading on the Toronto Stock Exchange, following news that Q2 profit plunged 23% amid weaker electricity revenue, shares of the company were later down four per cent, or 81 cents, at $19.36 as of 11:42 a.m. ET.

On Wednesday, after stock markets had closed for the day, Ontario Premier Doug Ford announced the immediate retirement of Hydro One CEO Mayo Schmidt. He leaves with a $400,000 payout in lieu of post-retirement benefits and allowances, Hydro One said.

Doug Ford's government forces out Hydro One '$6-million man'

During the recent provincial election campaign, Ford vowed to fire Schmidt, who earned $6.2 million last year and whose salary wouldn't be reduced despite calls to cut electricity costs.

Paul Dobson, Hydro One's chief financial officer, will serve as acting CEO until a new top executive is selected.

Ford also said the entire board of directors of the utility would resign. Hydro One said a new board — four members of which will be nominated by the province — will select the company's next CEO, and the province will be consulted on the next leader's compensation.

A new board is expected to be formed by mid-August.

The provincial government is the largest single investor in Hydro One, holding a 47 per cent stake. The company was partly privatized by the former Liberal government in 2015, while the NDP has proposed to make hydro public again in Ontario to change course.

Doug Ford promises to keep Pickering nuclear plant open until 2024

In response to the government's move to supplant the utility's board and CEO, some analysts cautioned investors about too many unknowns in the near-term outlook, citing raised political or regulatory risks.

Analyst Jeremy Rosenfield of iA Securities cut his rating on Hydro One shares to hold from buy, and reduced his 12-month price target for the stock to $24 from $26.

Rosenfield said the stock is still a defensive investment supported by stable earnings and cash flows, good earnings growth and healthy dividend.

However, he said in a research note that "the heightened potential for further political interference in the province's electricity market and regulated utility framework represent key risk factors that are likely to outweigh Hydro One's fundamentals over the near term."

Potential challenge to find new CEO

Laurentian Bank Securities analyst Mona Nazir said in a research note that the magnitude of change all at once was "surprising but not shocking."

She said the agreement that will see Hydro One consult with the provincial government on matters involving executive pay could have an impact on the hiring of a new CEO for the utility.

"Given the government's open and public criticism of the company and a potential ceiling on compensation, it may be challenging to attract top talent to the position," she wrote.

Laurentian cut its rating on the Hydro One to hold and reduced its price target to $21 from $24.

Analysts at CIBC World Markets said investors face an uncertain future, noting parallels with debates at Manitoba Hydro over political direction.

"In particular, we are are concerned about the government meddling in with [power] rates," wrote Robert Catellier and Archit Kshetrapal in a research note, adding they believe the new provincial government is aiming for a 12 per cent reduction in customers' power bills.

CIBC reduced its price target on Hydro One's shares to $20.50 from its previous target of $24.

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Texas After-Labor Day School Start could ease ERCOT's power grid strain by shifting peak demand, lowering air-conditioning loads in schools, improving grid reliability, reducing electricity costs, and curbing emissions during extreme heat the summer months.

Key Points

A proposed calendar shift to start school after Labor Day to lower ERCOT peak demand, costs, and grid risk.

✅ Cuts school HVAC loads during peak summer heat

✅ Lowers costly peaker plant use and electricity rates

✅ Requires calendar changes, testing and activities shifts

As Texas faces increasing demands on its power grid, a new proposal is gaining traction: starting the school year after Labor Day. This idea, reported by the Dallas News, suggests that delaying the start of the academic year could help alleviate some of the pressure on the state’s electricity grid during the peak summer months, potentially leading to both grid stability and financial savings. Here’s an in-depth look at how this proposed change could impact Texas’s energy landscape and education system.

The Context of Power Grid Strain

Texas's power grid, operated by the Electric Reliability Council of Texas (ERCOT), has faced significant challenges in recent years. Extreme weather events, record-breaking temperatures, and high energy demand have strained the grid, and some analyses argue that climate change, not demand is the biggest challenge today, leading to concerns about reliability and stability. The summer months are particularly taxing, as the demand for air conditioning surges, often pushing the grid to its limits.

In this context, the idea of adjusting the school calendar to start after Labor Day has been proposed as a potential strategy to help manage electricity demand. By delaying the start of school, proponents argue that it could reduce the load on the power grid during peak usage periods, thereby easing some of the stress on energy resources.

Potential Benefits for the Power Grid

The concept of delaying the school year is rooted in the potential benefits for the power grid. During the hottest months of summer, the demand for electricity often spikes as families use air conditioning to stay cool, and utilities warn to prepare for blackouts as summer takes hold. School buildings, typically large and energy-intensive facilities, contribute significantly to this demand when they are in operation.

Starting school later could help reduce this peak demand, as schools would be closed during the hottest months when the grid is under the most pressure. This reduction in demand could help prevent grid overloads and reduce the risk of power outages, at a time when longer, more frequent outages are afflicting the U.S. power grid, ultimately contributing to a more stable and reliable electricity supply.

Additionally, a decrease in peak demand could help lower electricity costs. Power plants, particularly those that are less efficient and more expensive to operate, are often brought online during periods of high demand. By reducing the peak load, the state could potentially minimize the need for these costly power sources, leading to lower overall energy costs.

Financial and Environmental Considerations

The financial implications of starting school after Labor Day extend beyond just the power grid. By reducing energy consumption during peak periods, the state could see significant savings on electricity costs. This, in turn, could lead to lower utility bills for schools, businesses, and residents alike, a meaningful relief as millions risk electricity shut-offs during summer heat.

Moreover, reducing the demand for electricity from fossil fuel sources can have positive environmental impacts. Lower peak demand may reduce the reliance on less environmentally friendly energy sources, and aligns with calls to invest in a smarter electricity infrastructure nationwide, thereby decreasing greenhouse gas emissions and contributing to overall environmental sustainability.

Challenges and Trade-offs

While the proposal offers potential benefits, it also comes with challenges and trade-offs. Adjusting the school calendar would require significant changes to the academic schedule, potentially affecting extracurricular activities, summer programs, and family plans, and comparisons to California's reliability challenges underscore the complexity. Additionally, there could be resistance from various stakeholders, including parents, educators, and students, who are accustomed to the current school calendar.

There are also logistical considerations to address, such as how a delayed start might impact standardized testing schedules and the academic calendar for higher education institutions. These factors would need to be carefully evaluated to ensure that the proposed changes do not adversely affect educational outcomes or create unintended consequences.

Looking Ahead

The idea of starting Texas schools after Labor Day represents an innovative approach to addressing the challenges facing the state’s power grid. By potentially reducing peak demand and lowering energy costs, and alongside efforts to connect Texas's grid to the rest of the nation, this proposal could contribute to greater grid stability and financial savings. However, careful consideration and planning will be essential to navigate the complexities of altering the school calendar and to ensure that the benefits outweigh the challenges.

As Texas continues to explore solutions for managing its power grid and energy resources, the proposal to shift the school year schedule provides an intriguing possibility. It reflects a broader trend of seeking creative and multifaceted approaches to balancing energy demand, environmental sustainability, and public needs.

In conclusion, starting schools after Labor Day could offer tangible benefits for Texas’s power grid and financial well-being. As discussions on this proposal advance, it will be important to weigh all factors and engage stakeholders to ensure a successful and equitable implementation.

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Zaporizhzhia Nuclear Plant Restart signals new high-voltage transmission lines to Mariupol, Rosatom grid integration, and IAEA-monitored safety amid occupied territory risks, cooling system shortfalls after the Kakhovka dam collapse, and disputed international law.

Key Points

A Russian plan to reconnect and possibly restart ZNPP via power lines, despite IAEA safety, cooling, and legal risks.

✅ 80 km high-voltage link toward Mariupol confirmed by imagery

✅ IAEA warns of safety risks and militarization at the site

✅ Cooling capacity limited after Kakhovka dam destruction

Russia is actively constructing new power lines to facilitate the restart of the Zaporizhzhia Nuclear Power Plant (ZNPP), Europe's largest nuclear facility, which it seized from Ukraine in 2022. Satellite imagery analyzed by Greenpeace indicates the construction of approximately 80 kilometers (50 miles) of high-voltage transmission lines and pylons connecting the plant to the Russian-controlled port city of Mariupol. This development marks the first tangible evidence of Russia's plan to reintegrate the plant into its energy infrastructure.

Strategic Importance of Zaporizhzhia Nuclear Power Plant

The ZNPP, located on the eastern bank of the Dnipro River in Enerhodar, was a significant asset in Ukraine's energy sector before its occupation. Prior to the war, the plant was connected to Ukraine's national grid, which later saw resumed electricity exports, via four 750-kilovolt lines, two of which passed through Ukrainian-controlled territory and two through areas under Russian control. The ongoing conflict has damaged these lines, complicating efforts to restore the plant's operations.

In March 2022, Russian forces captured the plant, and by 2023, all six of its reactors had been shut down. Despite this, Russian authorities have expressed intentions to restart the facility. Rosatom, Russia's state nuclear corporation, has identified replacing the power grid as one of the critical steps necessary for resuming operations, even as Ukraine pursues more resilient wind power to bolster its energy mix.

Environmental and Safety Concerns

The construction of new power lines and the potential restart of the ZNPP have raised significant environmental and safety concerns, as the IAEA has warned of nuclear risks from grid attacks in recent assessments. Greenpeace has reported that the plant's cooling system has been compromised due to the destruction of the Kakhovka Reservoir dam in 2023, which previously supplied cooling water to the plant. Currently, the plant relies on wells for cooling, which are insufficient for full-scale operations.

Additionally, the International Atomic Energy Agency (IAEA) has expressed concerns about the militarization of the plant. Reports indicate that Russian forces have established defensive positions and trenches around the facility, with mines found at ZNPP by UN inspectors, raising the risk of accidents and complicating efforts to ensure the plant's safety.

International Reactions and Legal Implications

Ukraine and the international community have condemned Russia's actions as violations of international law and Ukrainian sovereignty. Ukrainian officials have argued that the construction of power lines and the potential restart of the ZNPP constitute illegal activities in occupied territory. The IAEA has called for a ceasefire to allow for necessary safety improvements and to facilitate inspections of the plant, as a possible agreement on power plant attacks could underpin de-escalation efforts.

The United States has also expressed concerns, with President Donald Trump reportedly proposing the inclusion of the ZNPP in peace negotiations, which sparked controversy among Ukrainian and international observers, even suggesting the possibility of transferring control to American companies. However, Russia has rejected such proposals, reaffirming its intention to maintain control over the facility.

The construction of new power lines to the Zaporizhzhia Nuclear Power Plant signifies Russia's commitment to reintegrating the facility into its energy infrastructure. However, this move raises significant environmental, safety, and legal concerns, and a proposal to control Ukraine's nuclear plants remains controversial among stakeholders. The international community continues to monitor the situation closely, urging for adherence to international laws and standards to prevent potential nuclear risks.

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Hydro One CEO Pay Cap sets executive compensation at $1.5 million under Ontario's provincial directive, linking incentives to transmission and distribution cost reductions, governance improvements, and board pay limits at the electricity utility.

Key Points

The Hydro One CEO Pay Cap limits pay to $1.5M, linking incentives to cost reductions and defined targets.

✅ Base salary set at $500,000 per year.

✅ Incentives capped at $1,000,000, tied to cost cuts.

✅ Board pay capped: chair $120,000; members $80,000.

Hydro One has agreed to cap the annual compensation of its chief executive at $1.5 million, the provincial utility said Friday, acquiescing to the demands of the Progressive Conservative government.

The CEO's base salary will be set at $500,000 per year, while short-term and long-term incentives are limited to $1 million. Performance targets under the pay plan will include the CEO's contributions to reductions in transmission and distribution costs, even as Hydro One has pursued a bill redesign to clarify charges for customers.

The framework represents a notable political victory for Premier Doug Ford, who vowed to fire Hydro One's CEO and board during the campaign and promised to reduce the annual earnings of Hydro One's board members.

In February, the province issued a directive to the board, ordering it to pay the utility's CEO no more than the $1.5 million figure it has now agreed to, as part of a broader push to lower electricity rates across Ontario.

Hydro One and the government had been at loggerheads over executive compensation, with the company refusing repeated requests to slash the CEO pay below $2,775,000. The board argued it would have difficulty recruiting suitable leaders for anything less, even as customers contend with a recovery rate that could raise hydro bills.

Further, the company agreed to pay the board chair no more than $120,000 annually and board members no more than $80,000 — figures Energy Minister Greg Rickford had outlined in his directive last month, amid calls for cleaning up Ontario's hydro mess from policy commentators.

"Hydro One's compliance with this directive allows us to move forward as a province. It sets the company on the right course for the future, proving that it can operate as a top-class electricity utility while reining in executive compensation and increasing public transparency," Rickford said in a statement issued Friday morning.

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