India defers on nuclear liability bill

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The Indian government's attempt to pass the nuclear liability bill was thwarted after opposition parties gave a thumbs-down to the bill. Opposition parties, anti-nuclear activists and non-government organizations say that the government is keen to pass the bill to support U.S. companies.

Indian Prime Minister Dr. Manmohan Singh held discussions with leaders and members of various opposition parties to convince them to pass the bill. However, the discussions failed and the government decided to defer the bill. The nuclear liability bill is mandatory for U.S. companies to commence nuclear power operations in India. Singh is keen to pass the bill before his trip to the U.S. next month. An amendment to allow private participation in the nuclear power sector will be made in the Atomic Energy Act only after the bill is passed.

The nuclear liability bill is the first step in opening the doors for international private investors to India's nuclear power sector. In case of an accident, the draft bill puts a claim limit of $65 million against the operator of the nuclear power plant, while the government and an international fund will pay $463.5 million each. Sources have indicated that if the bill is not passed, private players may have to face unlimited liability in case of accidents, which will not be feasible financially.

India is not a member of the Convention on Supplementary Compensation for Nuclear Damage (CSC). In 1997, at the "Vienna Convention" held at the headquarters of the International Atomic Energy Agency, about 80 countries agreed to adopt the CSC and amend the Civil Liability for Nuclear Damage protocol. In the event of an accident, the protocol sets the liability of the operator at about $400 million, including roughly $300 million for special drawing rights. The CSC defined and identified additional payouts by government agencies based on nuclear power generating capacity and assessments provided by the United Nations.

Sources indicate that several U.S. companies, including Westinghouse Electric LLC and General Electric, are awaiting the nuclear liability legislation to come into effect to begin operations in India. France and Russia also are supporting the law, as it puts a limit on operator liability. In the absence of the bill, domestic players also will be unwilling to enter the nuclear power sector for fear of the unlimited financial liability. It will be difficult to secure insurance too, since no insurer will be ready to cover unlimited financial liability, even at a higher premium. The bill aims to protect operators from large, open-ended claims, which could leave the company bankrupt.

Experts have observed that the draft bill is in line with that followed by 28 countries that produce nuclear power for civilian use. Private sector participation is critical to meet India's nuclear power generation targets. By 2020, the country plans to increase its atomic energy production capacity to 20,000 MW. Industry experts claim that the main reason for the opposition is the liability cap for operators. There is concern that operators and suppliers will pay limited compensation, while the public will have to bear the huge remaining cost. Experts have indicated that many countries amend the financial limit set for operators from time to time. Currently, all nuclear power plants operated by the state-owned Nuclear Power Corporation of India Limited (NPCIL) have been built indigenously. In the event of an accident, the government will have to bear the entire liability.

The issue of accident liability is significant in the Indian scenario. The 1984 gas disaster at Bhopal in Madhya Pradesh is one of the world's worst industrial accidents, having claimed 10,000 lives in three days. Methyl isocyanate and other toxins leaked at the pesticide production facility operated by Union Carbide Limited.

Since 1984, about 8,000 people have died of various diseases related to the gas leak.

There are several criminal and civil cases in India and the U.S. against the company, which is now part of The Dow Chemical Company. However, Warren Anderson, the then-chief executive officer of Union Carbide, is pending arrest, and there have been no prosecutions to date. Union Carbide offered a compensation of $370 million against a claim of $3.3 billion made by the Indian government. After negotiations, Union Carbide made a full and final payment of $470 million.

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Setbacks at Hinkley Point C Challenge UK's Energy Blueprint

Hinkley Point C delays highlight EDF cost overruns, energy security risks, and wholesale power prices, complicating UK net zero plans, Sizewell C financing, and small modular reactor adoption across the grid.

 

Key Points

Delays at EDF's 3.2GW Hinkley Point C push operations to 2031, lift costs to £46bn, and risk pricier UK electricity.

✅ First unit may slip to 2031; second unit date unclear.

✅ LSEG sees 6% wholesale price impact in 2029-2032.

✅ Sizewell C replicates design; SMR contracts expected soon.

 

Vincent de Rivaz, former CEO of EDF, confidently announced in 2016 the commencement of the UK's first nuclear power station since the 1990s, Hinkley Point C. However, despite milestones such as the reactor roof installation, recent developments have belied this optimism. The French state-owned utility EDF recently disclosed further delays and cost overruns for the 3.2 gigawatt plant in Somerset.

These complications at Hinkley Point C, which is expected to power 6 million homes, have sparked new concerns about the UK's energy strategy and its ambition to decarbonize the grid by 2050.

The UK government's plan to achieve net zero by 2050 includes a significant role for nuclear energy, reflecting analyses that net-zero may not be possible without nuclear and aiming to increase capacity from the current 5.88GW to 24GW by mid-century.

Simon Virley, head of energy at KPMG in the UK, stressed the importance of nuclear energy in transitioning to a net zero power system, echoing industry calls for multiple new stations to meet climate goals. He pointed out that failing to build the necessary capacity could lead to increased reliance on gas.

Hinkley Point C is envisioned as the pioneer in a new wave of nuclear plants intended to augment and replace Britain's existing nuclear fleet, jointly managed by EDF and Centrica. Nuclear power contributed about 14 percent of the UK's electricity in 2022, even as Europe is losing nuclear power across the continent. However, with the planned closure of four out of five plants by March 2028 and rising electricity demand, there is concern about potential power price increases.

Rob Gross, director of the UK Energy Research Centre, emphasized the link between energy security and affordability, highlighting the risk of high electricity prices if reliance on expensive gas increases.

The first 1.6GW reactor at Hinkley Point C, initially set for operation in 2027, may now face delays until 2031, even after first reactor installation milestones were reported. The in-service date for the second unit remains uncertain, with project costs possibly reaching £46bn.

LSEG analysts predict that these delays could increase wholesale power prices by up to 6 percent between 2029 and 2032, assuming the second unit becomes operational in 2033.

Martin Young, an analyst at Investec, warned of the price implications of removing a large power station from the supply side.

In response to these delays, EDF is exploring the extension of its four oldest plants. Jerry Haller, EDF’s former decommissioning director, had previously expressed skepticism about extending the life of the advanced gas-cooled reactor fleet, but EDF has since indicated more positive inspection results. The company had already decided to keep the Heysham 1 and Hartlepool plants operational until at least 2026.

Nevertheless, the issues at Hinkley Point C raise doubts about the UK's ability to meet its 2050 nuclear build target of 24GW.

Previous delays at Hinkley were attributed to the COVID-19 pandemic, but EDF now cites engineering problems, similar to those experienced at other European power stations using the same technology.

The next major UK nuclear project, Sizewell C in Suffolk, will replicate Hinkley Point C's design, aligning with the UK's green industrial revolution agenda. EDF and the UK government are currently seeking external investment for the £20bn project.

Compared with Hinkley Point C, Sizewell C's financing model involves exposing billpayers to some risk of cost overruns. This, coupled with EDF's track record, could affect investor confidence.

Additionally, the UK government is supporting the development of small modular reactors, while China's nuclear program continues on a steady track, with contracts expected to be awarded later this year.

 

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Group of premiers band together to develop nuclear reactor technology

Small Modular Reactors in Canada are advancing through provincial collaboration, offering nuclear energy, clean power and carbon reductions for grids, remote communities, and mines, with factory-built modules, regulatory roadmaps, and pre-licensing by the nuclear regulator.

 

Key Points

Compact, factory-built nuclear units for clean power, cutting carbon for grids, remote communities, and industry.

✅ Provinces: Ontario, Saskatchewan, New Brunswick collaborate

✅ Targets coal replacement, carbon cuts, clean baseload power

✅ Modular, factory-made units; 5-10 year deployment horizon

 

The premiers of Ontario, Saskatchewan and New Brunswick have committed to collaborate on developing nuclear reactor technology in Canada. 

Doug Ford, Scott Moe and Blaine Higgs made the announcement and signed a memorandum of understanding on Sunday in advance of a meeting of all the premiers. 

They will be working on the research, development and building of small modular reactors as a way to help their individual provinces reduce carbon emissions and move away from non-renewable energy sources like coal. 

Small modular reactors are easy to construct, are safer than large reactors and are regarded as cleaner energy than coal, the premiers say. They can be small enough to fit in a school gym. 

SMRs are actually not very close to entering operation in Canada, though Ontario broke ground on its first SMR at Darlington recently, signaling early progress. Natural Resources Canada released an "SMR roadmap" last year, with a series of recommendations about regulation readiness and waste management for SMRs.

In Canada, about a dozen companies are currently in pre-licensing with the Canadian Nuclear Safety Commission, which is reviewing their designs.

"Canadians working together, like we are here today, from coast to coast, can play an even larger role in addressing climate change in Canada and around the world," Moe said.  

Canada's Paris targets are to lower total emissions 30 per cent below 2005 levels by 2030, and nuclear's role in climate goals has been emphasized by the federal minister in recent remarks. Moe says the reactors would help Saskatchewan reach a 70 per cent reduction by that year.

The provinces' three energy ministries will meet in the new year to discuss how to move forward and by the fall a fully-fledged strategy for the reactors is expected to be ready.

However, don't expect to see them popping up in a nearby field anytime soon. It's estimated it will take five to 10 years before they're built. 

Ford lauds economic possibilities
The provincial leaders said it could be an opportunity for economic growth, estimating the Canadian market for this energy at $10 billion and the global market at $150 billion.

Ford called it an "opportunity for Canada to be a true leader." At a time when Ottawa and the provinces are at odds, Higgs said it's the perfect time to show unity. 

"It's showing how provinces come together on issues of the future." 

P.E.I. premier predicts unity at Toronto premiers' meeting
No other premiers have signed on to the deal at this point, but Ford said all are welcome and "the more, the merrier."

But developing new energy technologies is a daunting task. Higgs admitted the project will need national support of some kind, though he didn't specify what. The agreement signed by the premiers is also not binding. 

About 8.6 per cent of Canada's electricity comes from coal-fired generation. In New Brunswick that figure is much higher — 15.8 per cent — and New Brunswick's small-nuclear debate has intensified as New Brunswick Premier Blaine Higgs has said he worries about his province's energy producers being hit by the federal carbon tax.

Ontario has no coal-fired power plants, and OPG's SMR commitment aligns with its clean electricity strategy today. In Saskatchewan, burning coal generates 46.6 per cent of the province's electricity.

How would it work?
The federal government describes small modular reactors (SMRs) as the "next wave of innovation" in nuclear energy technology, and collaborations like the OPG and TVA partnership are advancing development efforts, and an "important technology opportunity for Canada."

Traditional nuclear reactors used in Canada typically generate about 800 megawatts of electricity, and Ontario is exploring new large-scale nuclear plants alongside SMRs, or enough to power about 600,000 homes at once (assuming that 1 megawatt can power about 750 homes).

The International Atomic Energy Agency (IAEA), the UN organization for nuclear co-operation, considers a nuclear reactor to be "small" if it generates under 300 megawatts.

Designs for small reactors ranging from just 3 megawatts to 300 megawatts have been submitted to Canada's nuclear regulator, the Canadian Nuclear Safety Commission, for review as part of a pre-licensing process, while plans for four SMRs at Darlington outline a potential build-out pathway that regulators will assess.

Ford rallying premiers to call for large increase in federal health transfers
Such reactors are considered "modular" because they're designed to work either independently or as modules in a bigger complex (as is already the case with traditional, larger reactors at most Canadian nuclear power plants). A power plant could be expanded incrementally by adding additional modules.

Modules are generally designed to be small enough to make in a factory and be transported easily — for example, via a standard shipping container.

In Canada, there are three main areas where SMRs could be used:

Traditional, on-grid power generation, especially in provinces looking for zero-emissions replacements for CO2-emitting coal plants.
Remote communities that currently rely on polluting diesel generation.
Resource extraction sites, such as mining and oil and gas.
 

 

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Manitoba Hydro's burgeoning debt surpasses $19 billion

Manitoba Hydro Debt Load surges past $19.2B as the Crown corporation faces shrinking net income, restructuring costs, and PUB rate decisions, driven by Bipole III, Keeyask construction, aging infrastructure, and rising interest rate risks.

 

Key Points

Manitoba Hydro Debt Load refers to the utility's escalating borrowings exceeding $19B, pressuring rates and finances.

✅ Debt rose to $19.2B; projected near $25B within five years.

✅ Major drivers: Bipole III, Keeyask, aging assets, restructuring.

✅ Rate hikes sought; PUB approved 3.6% vs 7.9% request.

 

Manitoba Hydro's debt load now exceeds $19 billion as the provincial Crown corporation grapples with a shrinking net income amid ongoing efforts to slay costs.

The utility's annual report, to be released publicly on Tuesday, also shows its total consolidated net income slumped from $71 million in 2016-2017 to $37 million in the last fiscal year, mirroring a Hydro One profit drop as electricity revenue fell.

It said efforts to restructure the utility and reduce costs are partly to blame for the $34 million drop in year-over-year income.

These earnings come nowhere close, however, to alleviating Hydro's long-term debt problem, a dynamic also seen in a BC Hydro deferred costs report about customer exposure. The figure is pegged at $19.2 billion this fiscal year, up from $16.1 billion the previous year and $14.2 billion in 2016.

The utility projects its debt will grow to about $25 billion in the next five years. Its largest expenses include finishing the Bipole III line, working on the Keeyask Generating System that is halfway done and rebuilding aging wood poles and substations, the report said.

"This level of debt increases the potential financial exposure from risks facing the corporation and is a concern for both

the corporation and our customers who may be exposed to higher rate increases in the event of rising interest rates, a prolonged drought or a major system failure," outgoing president and CEO Kelvin Shepherd wrote.

The income drop is primarily a result of the $50 million spent in the form of restructuring charges associated with the utility's efforts to streamline the organization and drive down costs, amid NDP criticism of Hydro changes related to government policy.

Those efforts included the implementation of buyouts for employees through what the utility dubbed its "voluntary departure program."

Among the changes, Manitoba Hydro reduced its workforce by 800 employees, which is expected to save the utility over $90 million per year. It also reduced its management positions by 26 per cent, a Monday news release said, while Hydro One leadership upheaval in Ontario drove its shares down during comparable governance turmoil.

To improve its financial situation, Hydro has applied for rate increases, even as the Consumers Coalition pushes to have the proposal rejected. The Public Utilities Board offered a 3.6 per cent average rate hike, instead of the 7.9 per cent jump the utility asked for.

In May, when the PUB rendered its decision, it made several recommendations as an alternative to raising rates, including receiving a share of carbon tax revenue and asking the government to help pay for Bipole III.

Hydro is projecting a net income of $70 million for 2018-2019, which includes the impact of the recent rate increase. That total reflects an approximately 20 per cent reduction in net income from 2017-18 after restructuring costs are calculated.

 

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Brazilian electricity workers call for 72-hour strike

Eletrobras Privatization Strike sparks a 72-hour CNE walkout by Brazil's electricity workers, opposing asset sell-offs and grid privatization while pledging essential services; unions target President Wilson Ferreira Jr. over energy-sector reforms.

 

Key Points

A 72-hour CNE walkout by Brazil's electricity workers opposing Eletrobras sell-offs, while keeping essential services.

✅ 72-hour strike led by CNE unions and federations

✅ Targets privatization plans and leadership at Eletrobras

✅ Essential services maintained to avoid consumer impact

 

Brazil's national electricity workers' collective (CNE) has called for a 72-hour strike to protest the privatization of state-run electric company Eletrobras and its subsidiaries.

The CNE, which gathers the electricity workers' confederation, federations, unions and associations, said the strike is to begin at Monday midnight (0300 GMT) and last through midnight Wednesday, even as some utilities elsewhere have considered asking staff to live on site to maintain operations.

Workers are demanding the ouster of Eletrobras President Wilson Ferreira Jr., who they say is the leading promoter of the privatization move.

Some 24,000 workers are expected to take part in the strike. However, the CNE said it will not affect consumers by ensuring essential services, a pledge echoed by utilities managing costs elsewhere such as Manitoba Hydro's unpaid days off during the pandemic.

#google#

Eletrobras accounts for 32 percent of Brazil's installed energy generation capacity, mainly via hydroelectric plants. Besides, it also operates nuclear and thermonuclear plants, and solar and wind farms, reflecting trends captured by young Canadians' interest in electricity jobs in recent years.

The company distributes electricity in six northern and northeastern states, and handles 47 percent of the nation's electricity transmission lines, even as a U.S. grid pandemic warning has highlighted reliability risks.

The government owns a 63-percent stake in the company, a reminder that public policy shapes the sector, similar to Canada's future-of-work investment initiatives announced recently.

 

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Roads Need More Electricity: They Will Make It Themselves

Electrically Smart Roads integrate solar road surfaces, inductive charging, IoT sensors, AI analytics, and V2X to power lighting, deicing, and monitoring, reducing grid dependence while enabling dynamic EV charging and real-time traffic management.

 

Key Points

Electrically smart roads generate power, sense conditions, and charge EVs using solar, IoT, AI, and dynamic infrastructure.

✅ Solar surfaces, verges, and gantries generate on-site electricity

✅ Inductive lanes enable dynamic EV charging at highway speeds

✅ Embedded IoT sensors and AI deliver real-time traffic insights

 

As more and more capabilities are added to roads instead of simply covering a country with extra roads, they are starting to make their own electricity, notably as solar road surface but then with added silent wind turbines, photovoltaic verges and barriers and more.

That toll gate, street light and traffic monitoring system all need electricity. Later, roads that deice and charge vehicles at speed will need huge amounts of electricity. For now, electricity for road systems is provided by very expensive infrastructure to the grid, and grid flexibility for EVs remains a concern, except for a few solar/ wind street lights in China and Korea for example. However, as more and more capabilities are added to roads instead of simply covering a country with extra roads, they are starting to make their own electricity, notably as solar road surface but then with added silent wind turbines, photovoltaic verges and barriers and more. There is also highly speculative work in the USA and UK on garnering power from road surface movement using piezoelectrics and electrodynamics and even its heat. 

#google#

China plans to create an intelligent transport system by 2030. The country hopes to build smart roads that will not only be able to charge electric cars as they drive but also monitor temperature, traffic flow and weight load using artificial intelligence. Indeed, like France, the Netherlands and the USA, where U.S. EV charging capacity is under scrutiny, it already has trials of extended lengths of solar road which cost no more than regular roads. In an alternative approach, vehicles go under tunnels of solar panels that also support lighting, light-emitting signage and monitoring equipment using the electricity made where it is needed. See the IDTechEx Research report, Electrically Smart Roads 2018-2028 for more.

Raghu Das, CEO of IDTechEx says, "The spiral vertical axis wind turbines VAWT in Asia rarely rotate because they are too low but much higher versions are planned on large UK roadside vehicle charging centres that should work well. H shaped VAWT is also gaining traction - much slower and quieter than the propeller shape which vibrates and keeps you awake at night in an urban area.

The price gap between the ubiquitous polycrystalline silicon solar cell and the much more efficient single crystal silicon is narrowing. That means that road furniture such as bus shelters and smart gantries will likely go for more solar rather than adding wind power in many cases, a shift mirrored by connected solar tech in homes, because wind power needs a lot of maintenance and its price is not dropping as rapidly."

The IDTechEx Research report, Off Grid Electric Vehicle Charging: Zero Emission 2018-2028 analyses that aspect, while vehicle-to-grid strategies may complement grid resources. The prototype of a smart road is already in place on an expressway outside of Jinan, providing better traffic updates as well as more accurate mapping. Verizon's IoT division has launched a project around intelligent asphalt, which it thinks has the potential to significantly reduce fossil fuel emissions and save time by reducing up to 44% of traffic backups. It has partnered with Sacramento, California, to test this theory.

"By embedding sensors into the pavement as well as installing cameras on traffic lights, we will be able to study and analyze the flow of traffic. Then, we will take all of that data and use it to optimize the timing of lights so that traffic flows easier and travel times are shorter," explains Sean Harrington, vice president of Verizon Smart Communities.

Colorado's Department of Transportation has recently announced its intention to be the first state to pilot smart roads by striking a five-year deal with a smart road company to test the technology. Like planned auto-deicing roads elsewhere, the aim of this project is, first and foremost, to save lives. The technology will detect when a car suddenly leaves a road and send emergency assistance to the area. The IDTechEx Research report Electrically Smart Roads 2018-2028 describes how others work on real time structural monitoring of roads and embedded interactive lighting and road surface signage.

"Smart pavement can make that determination and send that information directly into a vehicle," Peter Kozinski, director of CDOT's RoadX division, tells the Denver Post. "Data is the new asphalt of transportation."   Sensors, processors and other technology are embedded in the Colorado road to extend capability beyond accidents and reach into better road maintenance. Fast adoption relies on the ability to rapidly install sensor-laden pavement or lay concrete slabs. Attention therefore turns to fast adaptation of existing roads. Indeed, even for the heavy coil arrays used for dynamic vehicle charging, even as state power grids face new challenges, in Israel there are machines that can retrofit into the road surface at a remarkable two kilometres of cut and insert in a day.

"It's hard to imagine that these things are inexpensive, with all the electronics in them," Charles Schwartz, a professor of civil and environmental engineering at the University of Maryland, tells the Denver Post concerning the vehicle sensing project, "but CDOT is a fairly sophisticated agency, and this is an interesting pilot project. We can learn a lot, even if the test is only partially successful."

 

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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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