Reducing the energy cost of IT

By Montreal Gazette


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YouÂ’ve come a long way, IT guys. Once best known as the brainiacs who unfreeze ornery desktops and set up software, a new cadre of information technology leaders are among the individuals spearheading a drive to reduce carbon emissions.

Information technology could contribute 20 per cent of global carbon emissions within a decade, by some estimates. And in industries like banking or insurance especially, IT already makes up 30 to 50 per cent of an energy bill.

As that realization dawns at companies, schools and government offices across Canada, chief information officers (CIOs), are being asked to tackle major campaigns with a dual purpose — goodwill toward Earth, and cost control.

"Everyone was always focused on the impact of paper usage, heating, lighting, transportation," says Bill St. Arnaud, a green IT consultant and former chief research officer at CANARIE, an organization researching the next-generation Internet.

"Suddenly, they're discovering these global networks of computers, file servers and wireless devices are some of the worst polluters, and the geeky guy in the basement is the one you need to find a solution."

CIOs' ideas for a greener world run the gamut from practical energy-saving tips, to ruminations on the future of carbon-neutral networking.

Here are some of the priorities of Canada's IT gurus:

No Time Like The Present: Such are the savings reaped from greening networks, just 14 per cent of North American firms have suspended environmental programs in a down economy, compared with 13 per cent that are actually accelerating plans, Forrester Research found. Susan Doniz, CIO at Procter & Gamble's Canadian subsidiary, has seen less resistance to replacing desktop printers with centralized ones, for instance. "It's been very easy to sell [changes that] in the past were inconvenient, because of the cost savings," Doniz says.

Replace Bricks And Mortar: E-learning is "by definition green and cost-effective," asserts Brian Stewart, CIO of Alberta-based Athabasca University, which offers degree courses exclusively online. Stewart says universities across Canada are eager to follow Athabasca's lead: he spends just $153,000 a year on electricity to power virtual lectures, which translates to 110 kilograms of CO2 per full-time student (versus 2,150 kilograms per student at an average bricks-and-mortar campus).

Send Workers Home: Gary Davenport, VP of Information Technology at telecom provider MTS Allstream, has enabled over 600 employees — 40 per cent of the downtown Toronto office — to work remotely, facilitated by software such as Microsoft Office Collaboration Suite. By not commuting, employees annually save 550 metric tons of emissions, Davenport says.

Green The Setup: "Deep Freeze" software by Faronics lets Laura Williams, CIO of Peel District School Board — Canada's second biggest, serving Brampton, Caledon and Mississauga, Ont. — create a greener computer setup with power-saving features, then clone it onto 30,000 desktops. If a computer is tampered with, Williams' setup returns when the machine reboots. The result? Fewer tech support calls as well. "Even if you saved a dollar per computer on energy, that's $30,000," Williams says.

Pressure Manufacturers: Dave Codack, VP of employee technology and network services at TD Bank Financial Group, makes manufacturers furnish proof their products meet minimum efficiency thresholds. And the bank — which recently declared itself fully 'carbon-neutral' — doesn't dispose of IT equipment in landfill: it's either broken into parts and reused, or given to a raw materials recycler.

Choose Canada: Servers are the Internet's beasts of burden, storing and transmitting emails, music downloads, pictures, movies, and bank machine transactions — in increasingly unsustainable volumes. So CIOs hoping for savings have begun relocating massive "server farms" to cheaper pastures, and Canada's abundant hydroelectric power and adequate privacy laws are a prime draw. Consolidating servers from over 1,000 U.S. bank branches up to Toronto a few years ago was a no-brainer for TD's Codack: "It had a green effect, plus you're reducing the overall number, so obviously the business case is there."

Virtualization And Clouds: By creating virtual copies of his servers, Darrell Jones, senior VP and CIO of Canadian Western Bank, expects to reduce the physical count by two-thirds. "I want to lower costs, increase efficiency and reduce risk," Jones says. "Virtualization hits all of those levers." (Coming soon, say CIOs, will be liquid-cooled servers, whose excess heat could be tapped as energy, making them truly carbon-neutral. And "cloud computing": paying for on-demand access to software and servers over the Internet, as if computing were a public utility. "Clouds" are already gaining traction among large corporations, governments and universities.)

Sticks And Carrots: With very little fanfare, the first carbon tax in North America - the first of many on the horizon - went into effect in January in British Columbia. Schools, hospitals, universities and governments must lower their emissions, or contribute "offset" money to an environmental trust. "It's generally when they discover the CIO," Bill St. Arnaud says. "They're just flabbergasted by IT's impact on their bottom line."

Environmentally friendly IT isn't only of value to corporations and governments. There are plenty of easy steps to making home computing a greener experience.

• Google's free PowerMeter download tells you how much electricity you use at home, in real time, effectively nudging you to waste less. Optional Google-approved companion hardware, called The Energy Detective, is also available - some versions monitor solar and wind consumption as well (theenergydetective.com).

• Computer users of the future will tap the Internet just like a public utility: accessing desktop software and some hardware (like servers) online, without having to worry about installing, maintaining or troubleshooting the stuff themselves. Ottawa-based Eseri is an early player in the game, selling subscription access to an open-source "virtual desktop," with tech support and upgrades taken care of. Eseri runs on low-carbon-emission hydroelectricity, for added brownie points (eseri.com).

• Netbooks are the next-generation laptops: smaller, less powerful, and sold for only a few hundred bucks, their popularity is soaring as basic machines for penny-pinching businesses and students (some 139 million will have been sold by 2013, Information Network predicts). Add an Internet-based desktop software subscription from Eseri, and you've hit the sweet spot for green IT: dirt-cheap, clean-powered computing. Eseri can even revive that ancient Windows 486 machine stashed in your basement (netbookreviews.net).

• Billing itself as "the greenest search engine on the planet," Toronto- and Seattle-based Lavva.com is an example of an emerging generation of zero-carbon search engines putting the behemoths to shame. Lavva runs on hydroelectricity and buys offsets to whittle down its carbon footprint further. It advertises a "social networking" approach to search that's very "Z-Generation:" for every query typed into its Google-style box, a chat window appears giving all Lavva users the chance to weigh in with an opinion (lavva.com).

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Opinion: Fossil-fuel workers ready to support energy transition

Canada Net-Zero Transition unites energy workers, R&D, and clean tech to decarbonize steel and cement with hydrogen, scale renewables, and build hybrid storage, delivering a just transition that strengthens communities and the economy.

 

Key Points

A national plan to reach net-zero by 2050 via renewables, hydrogen, decarbonization, and a just transition for workers.

✅ Hydrogen for steel and cement decarbonization

✅ Hybrid energy storage and clean tech R&D

✅ Just transition pathways for energy workers

 

Except for an isolated pocket of skeptics, there is now an almost universal acceptance that climate change is a global emergency that demands immediate and far-reaching action to defend our home and future generations. Yet in Canada we remain largely focused on how the crisis divides us rather than on the potential for it to unite us, despite nationwide progress in electricity decarbonization efforts.

It’s not a case of fossil-fuel industry workers versus the rest, or Alberta versus British Columbia where bridging the electricity gap could strengthen cooperation. We are all in this together. The challenge now is how to move forward in a way that leaves no one behind.

The fossil fuel industry has been — and continues to be — a key driver of Canada’s economy. Both of us had successful careers in the energy sector, but realized, along with an increasing number of energy workers, that the transition we need to cope with climate change could not be accomplished solely from within the industry.

Even as resource companies innovate to significantly reduce the carbon burden of each barrel, the total emission of greenhouse gases from all sources continues to rise. We must seize the opportunity to harness this innovative potential in alternative and complementary ways, mobilizing research and development, for example, to power carbon-intensive steelmaking and cement manufacture from hydrogen or to advance hybrid energy storage systems and decarbonizing Canada's electricity grid strategies — the potential for cross-over technology is immense.

The bottom line is inescapable: we must reach net-zero emissions by 2050 in order to prevent runaway global warming, which is why we launched Iron & Earth in 2016. Led by oilsands workers committed to increasingly incorporating renewable energy projects into our work scope, our non-partisan membership now includes a range of industrial trades and professions who share a vision for a sustainable energy future for Canada — one that would ensure the health and equity of workers, our families, communities, the economy, and the environment.

Except for an isolated pocket of skeptics, there is now an almost universal acceptance that climate change is a global emergency that demands immediate and far-reaching action, including cleaning up Canada's electricity to meet climate pledges, to defend our home and future generations. Yet in Canada we remain largely focused on how the crisis divides us rather than on the potential for it to unite us.

It’s not a case of fossil-fuel industry workers versus the rest, or Alberta versus British Columbia. We are all in this together. The challenge now is how to move forward in a way that leaves no one behind.

The fossil fuel industry has been — and continues to be — a key driver of Canada’s economy. Both of us had successful careers in the energy sector, but realized, along with an increasing number of energy workers, that the transition we need to cope with climate change could not be accomplished solely from within the industry.

Even as resource companies innovate to significantly reduce the carbon burden of each barrel, the total emission of greenhouse gases from all sources continues to rise, underscoring that Canada will need more electricity to hit net-zero, according to the IEA. We must seize the opportunity to harness this innovative potential in alternative and complementary ways, mobilizing research and development, for example, to power carbon-intensive steelmaking and cement manufacture from hydrogen or to advance hybrid energy storage systems — the potential for cross-over technology is immense.

The bottom line is inescapable: we must reach net-zero emissions by 2050 in order to prevent runaway global warming, which is why we launched Iron & Earth in 2016. Led by oilsands workers committed to increasingly incorporating renewable energy projects into our work scope, as calls for a fully renewable electricity grid by 2030 gain attention, our non-partisan membership now includes a range of industrial trades and professions who share a vision for a sustainable energy future for Canada — one that would ensure the health and equity of workers, our families, communities, the economy, and the environment.

 

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Which of the cleaner states imports dirty electricity?

Hourly Electricity Emissions Tracking maps grid balancing areas, embodied emissions, and imports/exports, revealing carbon intensity shifts across PJM, ERCOT, and California ISO, and clarifying renewable energy versus coal impacts on health and climate.

 

Key Points

An hourly method tracing generation, flows, and embodied emissions to quantify carbon intensity across US balancing areas.

✅ Hourly traces of imports/exports and generation mix

✅ Consumption-based carbon intensity by balancing area

✅ Policy insights for renewables, coal, health costs

 

In the United States, electricity generation accounts for nearly 30% of our carbon emissions. Some states have responded to that by setting aggressive renewable energy standards; others are hoping to see coal propped up even as its economics get worse. Complicating matters further is the fact that many regional grids are integrated, and as America goes electric the stakes grow, meaning power generated in one location may be exported and used in a different state entirely.

Tracking these electricity exports is critical for understanding how to lower our national carbon emissions. In addition, power from a dirty source like coal has health and environment impacts where it's produced, and the costs of these aren't always paid by the parties using the electricity. Unfortunately, getting reliable figures on how electricity is produced and where it's used is challenging, even for consumers trying to find where their electricity comes from in the first place, leaving some of the best estimates with a time resolution of only a month.

Now, three Stanford researchers—Jacques A. de Chalendar, John Taggart, and Sally M. Benson—have greatly improved on that standard, and they have managed to track power generation and use on an hourly basis. The researchers found that, of the 66 grid balancing areas within the United States, only three have carbon emissions equivalent to our national average, and they have found that imports and exports of electricity have both seasonal and daily changes. de Chalendar et al. discovered that the net results can be substantial, with imported electricity increasing California's emissions/power by 20%.

Hour by hour
To figure out the US energy trading landscape, the researchers obtained 2016 data for grid features called balancing areas. The continental US has 66 of these, providing much better spatial resolution on the data than the larger grid subdivisions. This doesn't cover everything—several balancing areas in Canada and Mexico are tied in to the US grid—and some of these balancing areas are much larger than others. The PJM grid, serving Pennsylvania, New Jersey, and Maryland, for example, is more than twice as large as Texas' ERCOT, in a state that produces and consumes the most electricity in the US.

Despite these limitations, it's possible to get hourly figures on how much electricity was generated, what was used to produce it, and whether it was used locally or exported to another balancing area. Information on the generating sources allowed the researchers to attach an emissions figure to each unit of electricity produced. Coal, for example, produces double the emissions of natural gas, which in turn produces more than an order of magnitude more carbon dioxide than the manufacturing of solar, wind, or hydro facilities. These figures were turned into what the authors call "embodied emissions" that can be traced to where they're eventually used.

Similar figures were also generated for sulfur dioxide and nitrogen oxides. Released by the burning of fossil fuels, these can both influence the global climate and produce local health problems.

Huge variation
The results were striking. "The consumption-based carbon intensity of electricity varies by almost an order of magnitude across the different regions in the US electricity system," the authors conclude. The low is the Bonneville Power grid region, which is largely supplied by hydropower; it has typical emissions below 100kg of carbon dioxide per megawatt-hour. The highest emissions come in the Ohio Valley Electric region, where emissions clear 900kg/MW-hr. Only three regional grids match the overall grid emissions intensity, although that includes the very large PJM (where capacity auction payouts recently fell), ERCOT, and Southern Co balancing areas.

Most of the low-emissions power that's exported comes from the Pacific Northwest's abundant hydropower, while the Rocky Mountains area exports electricity with the highest associated emissions. That leads to some striking asymmetries. Local generation in the hydro-rich Idaho Power Company has embodied emissions of only 71kg/MW-hr, while its imports, coming primarily from Rocky Mountain states, have a carbon content of 625kg/MW-hr.

The reliance on hydropower also makes the asymmetry seasonal. Local generation is highest in the spring as snow melts, but imports become a larger source outside this time of year. As solar and wind can also have pronounced seasonal shifts, similar changes will likely be seen as these become larger contributors to many of these regional grids. Similar things occur daily, as both demand and solar production (and, to a lesser extent, wind) have distinct daily profiles.

The Golden State
California's CISO provides another instructive case. Imports represent less than 30% of its total electric use in 2016, yet California electricity imports provided 40% of its embodied emissions. Some of these, however, come internally from California, provided by the Los Angeles Department of Water and Power. The state itself, however, has only had limited tracking of imported emissions, lumping many of its sources as "other," and has been exporting its energy policies to Western states in ways that shape regional markets.

Overall, the 2016 inventory provides a narrow picture of the US grid, as plenty of trends are rapidly changing our country's emissions profile, including the rise of renewables and the widespread adoption of efficiency measures and other utility trends in 2017 that continue to evolve. The method developed here can, however, allow for annual updates, providing us with a much better picture of trends. That could be quite valuable to track things like how the rapid rise in solar power is altering the daily production of clean power.

More significantly, it provides a basis for more informed policymaking. States that wish to promote low-emissions power can use the information here to either alter the source of their imports or to encourage the sites where they're produced to adopt more renewable power. And those states that are exporting electricity produced primarily through fossil fuels could ensure that the locations where the power is used pay a price that includes the health costs of its production.

 

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Britain's energy security bill set to become law

UK Energy Security Bill drives private investment, diversifies from fossil fuels with hydrogen and offshore wind, strengthens an independent system operator, and extends the retail price cap to shield consumers from volatile gas markets.

 

Key Points

A UK plan to reform energy, cut fossil fuel reliance, boost hydrogen and wind, and extend the retail price cap.

✅ Targets £100bn private investment and 480,000 jobs by 2030.

✅ Creates an independent system operator for grid planning.

✅ Extends retail energy price cap; mitigates volatile gas costs.

 

The British government said that plans to bolster the country's energy security, diversify away from fossil fuels amid the Europe energy crisis and protect consumers from spiralling prices are set to become law.

Britain's energy security bill will be introduced to Parliament on Wednesday and includes 26 measures to reform the energy system, including ending the gas-electricity price link, and reduce its dependency on fossil fuels and exposure to volatile gas prices.

Global energy prices have skyrocketed this year, and UK natural gas and electricity have risen sharply, particularly after Russia's invasion of Ukraine which has led to many European countries trying to reduce reliance on Russian pipeline gas and seek cheaper alternatives.

The bill will help drive 100 billion pounds ($119 billion) of private sector investment by 2030 into industries to diversify Britain's energy supply, including hydrogen and offshore wind, which could help lower costs as a 16% decrease in bills in April is anticipated, and create around 480,000 jobs by the end of the decade, the government said.

"We’re going to slash red tape, get investment into the UK, and grab as much global market share as possible in new technologies to make this plan a reality," Business and Energy Secretary Kwasi Kwarteng, amid high winter energy costs, said in a statement.

The bill will establish a new independent system operator to coordinate and plan Britain's energy system, while MPs move to restrict prices for gas and electricity through oversight.

It will also enable the extension of a cap on retail energy prices beyond 2023, with the price cap cost under scrutiny, which limits the amount suppliers can charge for each unit of gas and electricity.

The bill will also enable the secretary of state to prevent potential disruptions to the downstream oil sector due to industrial action or malicious protests, the government added.

 

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More pylons needed to ensure 'lights stay on' in Scotland, says renewables body

Scottish Renewable Grid Upgrades address outdated infrastructure, expanding transmission lines, pylons, and substations to move clean energy, meet rising electricity demand, and integrate onshore wind, offshore wind, and battery storage across Scotland.

 

Key Points

Planned transmission upgrades in Scotland to move clean power via new lines and substations for a low-carbon grid.

✅ Fivefold expansion of transmission lines by 2030

✅ Enables onshore and offshore wind integration

✅ New pylons, substations, and routes face local opposition

 

Renewable energy in Scotland is being held back by outdated grid infrastructure, industry leaders said, with projects stuck on hold underscoring their warning that new pylons and power lines are needed to "ensure our lights stay on".

Scottish Renewables said new infrastructure is required to transmit the electricity generated by green power sources and help develop "a clean energy future" informed by a broader green recovery agenda.

A new report from the organisation - which represents companies working across the renewables sector - makes the case for electricity infrastructure to be updated, aligning with global network priorities identified elsewhere.

But it comes as electricity firms looking to build new lines or pylons face protests, with groups such as the Strathpeffer and Contin Better Cable Route challenging power giant SSEN over the route chosen for a network of pylons that will run for about 100 miles from Spittal in Caithness to Beauly, near Inverness.

Scottish Renewables said it is "time to be upfront and honest" about the need for updated infrastructure.

It said previous work by the UK National Grid estimated "five times more transmission lines need to be built by 2030 than have been built in the past 30 years, at a cost of more than £50bn".

The Scottish Renewables report said: "Scotland is the UK's renewable energy powerhouse. Our winds, tides, rainfall and longer daylight hours already provide tens of thousands of jobs and billions of pounds of economic activity.

"But we're being held back from doing more by an electricity grid designed for fossil fuels almost a century ago, a challenge also seen in the Pacific Northwest today."

Investment in the UK transmission network has "remained flat, and even decreased since 2017", echoing stalled grid spending trends elsewhere, the report said.

It added: "We must build more power lines, pylons and substations to carry that cheap power to the people who need it - including to people in Scotland.

"Electricity demand is set to increase by 50% in the next decade and double by mid-century, so it's therefore wrong to say that Scottish households don't need more power lines, pylons and substations.

Renewable energy in Scotland is being held back by outdated grid infrastructure, industry leaders said, as they warned new pylons and power lines are needed to "ensure our lights stay on".

Scottish Renewables said new infrastructure is required to transmit the electricity generated by green power sources and help develop "a clean energy future".

A new report from the organisation - which represents companies working across the renewables sector - makes the case for electricity infrastructure to be updated.

But it comes as electricity firms looking to build new lines or pylons face protests, with groups such as the Strathpeffer and Contin Better Cable Route challenging power giant SSEN over the route chosen for a network of pylons that will run for about 100 miles from Spittal in Caithness to Beauly, near Inverness.

Scottish Renewables said it is "time to be upfront and honest" about the need for updated infrastructure.

It said previous work by the UK National Grid estimated "five times more transmission lines need to be built by 2030 than have been built in the past 30 years, at a cost of more than £50bn".

The Scottish Renewables report said: "Scotland is the UK's renewable energy powerhouse. Our winds, tides, rainfall and longer daylight hours already provide tens of thousands of jobs and billions of pounds of economic activity.

"But we're being held back from doing more by an electricity grid designed for fossil fuels almost a century ago."

Investment in the UK transmission network has "remained flat, and even decreased since 2017", the report said.

It added: "We must build more power lines, pylons and substations to carry that cheap power to the people who need it - including to people in Scotland.

"Electricity demand is set to increase by 50% in the next decade and double by mid-century, so it's therefore wrong to say that Scottish households don't need more power lines, pylons and substations.

"We need them to ensure our lights stay on, as excess solar can strain networks in the same way consumers elsewhere in the UK need them.

"With abundant natural resources, Scotland's home-grown renewables can be at the heart of delivering the clean energy needed to end our reliance on imported, expensive fossil fuel.

"To do this, we need a national electricity grid capable of transmitting more electricity where and when it is needed, echoing New Zealand's electricity debate as well."

Click to subscribe to ClimateCast with Tom Heap wherever you get your podcasts

Nick Sharpe, director of communications and strategy at Scottish Renewables, said the current electricity network is "not fit for purpose".

He added: "Groups and individuals who object to the construction of power lines, pylons and substations largely do so because they do not like the way they look.

"By the end of this year, there will be just over 70 months left to achieve our targets of 11 gigawatts (GW) offshore and 12 GW onshore wind.

"To ensure we maximise the enormous socioeconomic benefits this will bring to local communities, we will need a grid fit for the 21st century."

 

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Hydro One delivery rates go up

Hydro One Rate Hike reflects Ontario Energy Board approval for higher delivery charges, impacting seasonal customers more than residential classes, funding infrastructure upgrades like wood pole and transformer replacements across Ontario's medium-density service areas.

 

Key Points

The Hydro One rate hike is an OEB-approved delivery charge increase to fund upgrades, with impacts on seasonal users.

✅ OEB-approved delivery rate increases retroactive to 2018

✅ Seasonal customers see larger monthly bill impacts than residential

✅ Funds pole, transformer replacements and tree trimming work

 

Hydro One seasonal customers will face bigger increases in their bills than the utility's residential customers as a result of an Ontario Energy Board approval of a rate hike, a topic drawing attention from a utilities watchdog in other provinces as well.

Hydro One received permission to increase its delivery charge, as large projects like the Meaford hydro generation proposal are considered across Ontario, retroactive to last year.

It says it needs the money to maintain and upgrade its infrastructure, including efforts to adapt to climate change, much of which was installed in the 1950s.

The utility is notifying customers that new statements reflect higher delivery rates which were not charged in 2018 and the first half of this year, due to delay in receiving the OEB's permission, similar to delays that can follow an energy board recommendation in other jurisdictions.

The amount that customers' bills will increase by depends not only on how much electricity they use, but also on which rate class they belong to, as well as policy decisions affecting remote connections such as the First Nations electricity line in northern Ontario.

For seasonal customers such as summer cottage owners, the impact on a typical user's bill will be 2.9 per cent more per month for 2018, and 1.7 per cent per month for 2019.

There will be further increases of 1.0 per cent, 1.4 per cent and 1.1 per cent per month in 2020, 2021 and 2022 respectively. 

Typical residential customers will experience smaller increases or rate freezes over the same period.

In the residential medium density class, the rate changes are a 2.0 per cent increase for last year, a decrease of 0.5 per cent this year, and an increase of 0.5 per cent in 2021. There will be no increases in 2020 and 2022.

 

Seasonal Rate Class — Estimated bill impact per month

2018 - 2.9 %

2019 - 1.7%

2020 - 1.0%

2021 - 1.4%

2022 - 1.1%

 

Residential Medium Density Rate Class — Estimated bill impact per month

2018 - 2.0%

2019 - -0.5% decrease

2020 - 0.0%

2021 - 0.5%

2022 - 0.0%

A Hydro One spokesperson told tbnewswatch.com that over the next three years, the utility's upgrading plan includes reliability investments such as replacing more than 24,000 wood poles across the province as well as numerous transformers.

In the Thunder Bay area, the spokesperson said, some of the revenue generated by the higher delivery rates will cover the cost of replacing more than 180 poles and trimming hazardous trees around 3,200 kilometres of overhead power lines while sharing electrical safety tips with customers.

 

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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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