Germany looks to expand power grid

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

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

Key Points

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

✅ Delivers internet to 70% of PNG households and communities

✅ Expands electricity grid, boosting reliability and access

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

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

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

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

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

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

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Ontario Global Adjustment Deferral offers COVID-19 electricity bill relief to industrial and commercial consumers not on the RPP, aligning GA to March levels for Class A and Class B manufacturers to improve cash flow.

Key Points

A temporary GA deferral easing electricity costs for Ontario industrial and commercial users not on the RPP.

✅ Sets Class B GA at $115/MWh; Class A gets equal percentage cut.

✅ Applies April-June 2020; automatic bill adjustments and credits.

✅ Deferred charges repaid over 12 months starting January 2021.

Manufacturers welcome the Government of Ontario's decision to defer a portion of Global Adjustment (GA) charges as part of support for industrial and commercial electricity consumers that do not participate in the Regulated Price Plan.

"Manufacturers are pleased the government listened to Canadian Manufacturers & Exporters (CME) member recommendations and is taking action to reduce Ontario electricity bills immediately," said Dennis Darby, President & CEO of CME.

"The majority of manufacturers have identified cash flow as their top concern during the crisis, "added Darby. "The GA system would have caused a nearly $2 billion cost surge to Ontario manufacturers this year. This new initiative by the government is on top of the billions in support already provided to help manufacturers weather this unprecedented storm, while other provinces accelerate British Columbia's clean energy shift to drive long-term competitiveness. All these measures are a great start in helping businesses of all sizes stay afloat during the crisis and, keeping Ontarians employed."

"We call on the Ontario government to continue to consider the impact of electricity costs on the manufacturing sector, even after the COVID-19 crisis is resolved," stated Darby. "High prices are putting Ontario manufacturers at a significant competitive disadvantage and, discourages investments." A recent report from London Economics International (LEI) found that when compared to jurisdictions with similar manufacturing industries, Ontario's electricity prices can be up to 75% more expensive, underscoring the importance of planning for Toronto's growing electricity needs to maintain affordability.

To provide companies with temporary immediate relief on their electricity bills, the Ontario government is deferring a portion of Global Adjustment (GA) charges for industrial and commercial electricity consumers that do not participate in the Regulated Price Plan (RPP), starting from April 2020, as some regions saw reduced electricity demand from widespread remote work during the pandemic. The GA rate for smaller industrial and commercial consumers (i.e., Class B) has been set at $115 per megawatt-hour, which is roughly in line with the March 2020 value. Large industrial and commercial consumers (i.e., Class A) will receive the same percentage reduction in GA charges as Class B consumers.

The Ontario government intends to keep this relief in place through the end of June 2020, alongside investments like smart grid technology in Sault Ste. Marie to support reliability, subject to necessary extensions and approvals to implement this initiative.

Industrial and commercial electricity consumers will automatically see this relief reflected on their bills. Consumers who have already received their April bill should see an adjustment on a future bill.

Related initiatives include developing cyber standards for electricity sector IoT devices to strengthen system security.

The government intends to bring forward subsequent amendments that would, if approved, recover the deferred GA charges (excluding interest) from industrial and commercial electricity consumers, as Toronto prepares for a surge in electricity demand amid continued growth, over a 12-month period beginning in January 2021.

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U.S. Utility-Scale Solar Delays driven by the coronavirus pandemic threaten construction timelines, supply chains, and financing, with interconnection and commissioning setbacks, module sourcing risks in Southeast Asia, and tax credit deadline pressures impacting project delivery.

Key Points

Setbacks to large U.S. solar builds from COVID-19 impacting construction, supply, financing, and permitting.

✅ Construction, interconnection, commissioning site visits delayed

✅ Supply chain risks for modules from Southeast Asia

✅ Tax credit deadline extensions sought by developers

About 5 gigawatts (GW) of big U.S. solar energy projects, enough to power nearly 1 million homes, could suffer delays this year if construction is halted for months due to the coronavirus pandemic, as the Covid-19 crisis hits renewables across the sector, according to a report published on Wednesday.

The forecast, a worst-case scenario laid out in an analysis by energy research firm Wood Mackenzie, would amount to about a third of the utility-scale solar capacity expected to be installed in the United States this year, even as US solar and wind growth continues under favorable plans.

The report comes two weeks after the head of the top U.S. solar trade group called the coronavirus pandemic (as solar jobs decline nationwide) "a crisis here" for the industry. Solar and wind companies are pleading with Congress to extend deadlines for projects to qualify for sunsetting federal tax credits.

Even the firm’s best-case scenario would result in substantial delays, mirroring concerns that wind investments at risk across the industry. With up to four weeks of disruption, the outbreak will push out 2 GW of projects, or enough to power about 380,000 homes. Before factoring in the impact of the coronavirus, Wood Mackenzie had forecast 14.7 GW of utility-scale solar projects would be installed this year.

In its report, the firm said the projects are unlikely to be canceled outright. Rather, they will be pushed into the second half of 2020 or 2021. The analysis assumes that virus-related disruptions subside by the end of the third quarter.

Mid-stage projects that still have to secure financing and receive supplies are at the highest risk, Wood Mackenzie analyst Colin Smith said in an interview, adding that it was too soon to know whether the pandemic would end up altering long-term electricity demand and therefore utility procurement plans, where policy shifts such as an ITC extension could reshape priorities.

Currently, restricted travel is the most likely cause of project delays, the report said. Developers expect delays in physical site visits for interconnection and commissioning, and workers have had difficulty reaching remote construction sites.

For earlier-stage projects, municipal offices that process permits are closed and in-person meetings between developers and landowners or local officials have slowed down.

Most solar construction is proceeding despite stay at home orders in many states because it is considered critical infrastructure, and long-term proposals like a tenfold increase in solar could reshape the outlook, the report said, adding that “that could change with time.”

Risks to supplies of solar modules include potential manufacturing shutdowns in key producing nations in Southeast Asia such as Malaysia, Vietnam and Thailand. Thus far, solar module production has been identified as an essential business and has been allowed to continue.

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NB Power Smart Meters will replace aging analog meters, boosting billing accuracy, reducing leakage, and modernizing distribution as the EUB considers a $92 million rollout of 360,000 advanced meters for residential and commercial customers.

Key Points

NB Power Smart Meters replace analog meters, improving billing accuracy and reducing leakage in the electricity network.

✅ EUB reviewing $92M plan for 360,000 advanced meters

✅ Replaces 98,000 analog units; curbs unbilled kWh

✅ Improves billing accuracy and reduces system leakage

Home and business owners with old power meters in New Brunswick have been getting the equivalent of up to 10 days worth of electricity a year or more for free, a multi million dollar perk that will end quickly if the Energy and Utilities Board approves the adoption of smart meters, a move that in other provinces has prompted refusal fees for some holdouts.

Last week the EUB began deliberations over whether to allow NB Power to purchase and install 360,000 new generation smart meters for its residential and commercial customers as part of a $92 million upgrade of its distribution system, even as regulators elsewhere approve major rate changes that affect customer bills.

If approved, that will spell the end to about 98,000 aging electromagnetic or analog meters still used by about one quarter of NB Power customers.  Those are the kind with a horizontal spinning silver disc and clock-face style dials that record consumption 

NB Power lawyer John Furey told the energy and utilities board last week that the utility suspects it loses several million dollars a year to electricity consumed by customers that is not properly recorded by their old meters. It was a central issue in Furey's argument for smart meters amid broader debates over industrial subsidies and debt. (Roger Cosman/CBC)
The analog units, some more than 50 years old and installed back when the late Louis Robichaud and Richard Hatfield were premiers in the 1960's and 1970's - are suspected of doling out millions of kilowatt hours of free power to customers by failing to register all of the current that moves through them.   

"Over time, analog meters slow down and they register lower consumption of electricity than is actually occurring," said NB Power lawyer John Furey last week about the widespread freeloading of power in New Brunswick caused by the old meters.

3 per cent missed
A 2010 report by the independent non-profit Electric Power Research Institute in Palo Alto, California and entered into evidence during NB Power's smart meter hearing said old spinning disc meters generally degrade over time and after 20 years typically fail to register nearly 3 per cent of the power that flows through them.

The average age of analog meters in New Brunswick is much older than that - 31 years - and more than 11,000 of the units are over the age of 40.

"Worn gears, corrosion, moisture, dust, and insects can all cause drag and result in an electromagnetic meter that does not capture the full consumption of the premises," said the report.

The sudden correction to full accounting and billing could naturally surprise these homeowners and even trigger consumer backlash in some cases

- Electric Power Research Institute report
About 94,000 NB residential customers and 3,900 commercial customers have an old meter, according to NB Power records. The group would receive about 40 million kilowatt hours of electricity for free this year  ($5.1 million worth including HST)  if the average unit failed to register 2 percent of the electricity flowing through it, while elsewhere some customers are receiving lump-sum credits on electricity bills.  

That is about $41 in free power for the average residential customer and $322 for the average business.

But, according to the research, there would also be hundreds of customers with meters that have slowed considerably more than the average with 0.3 percent - or close to 300 in NB Power's case -  not counting between 10 and 20 percent of the electricity customers are using. 

NB Power senior Vice President Lori Clark told the EUB stopping the freeloading of power in New Brunswick caused by older meters is in everyone's interest. (Roger Cosman/CBC)
That's potentially $400 in free electricity in a year for a residential customer with average consumption.

"While the average meter might be only slightly slow a few could be significantly so," said the report.

"The sudden correction to full accounting and billing could naturally surprise these homeowners and result in questioning of a new meter, as seen in a shocking $666 bill reported by a Nova Scotia senior." 

The report made the point analog meters can also run fast but called that "less common" meaning that if the EUB approves smart meters, tens of thousands of customers who lose an old meter to a new accurate model will experience higher bills.

'Leakage' reduction
NB Power acknowledges it does not know precisely how much power its older meters give away but said whether it is a little or a lot, ending the freebies is to everyone's benefit. 

"It reduces our inefficiencies, reduces our leakage that we have in the system, so that we are  picking up those unbilled kilowatt hours," said NB Power senior vice president Lori Clark about ending the free power many customers unknowingly enjoy.

Smart meter critics change tone on NB Power's new business case
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"Customers benefit from reduced inefficiencies in our system. They benefit from reduced leakage in our system and the fact that those kilowatt hours are being properly billed to the customers that have consumed the kilowatt hours."   

NB Power hopes to win approval of its plan to acquire smart meters by this spring to allow installation beginning in mid 2021, even as some utilities elsewhere have backed away from smart home network projects.

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BC Hydro Bitcoin Scam targets small businesses with utility impersonation, call spoofing, and disconnection threats, demanding prepaid cards, cash cards, or bitcoin. Learn payment policies and key warning signs to avoid costly power shutoffs.

Key Points

A phone fraud where impostors threaten power disconnection and demand immediate payment via bitcoin or prepaid cards.

✅ Demands bitcoin, cash cards, or prepaid credit within minutes

✅ Uses caller ID spoofing and utility impersonation tactics

✅ BC Hydro never takes bitcoin or prepaid cards for bills

'I've gotta give him very high marks for being a good scammer,' says almost-fooled business owner

It's an old scam with a new twist.

Fraudsters pretending to be BC Hydro representatives are threatening to disconnect small business owners' power, mirroring Toronto Hydro scam warnings recently, unless they send in cash cards, prepaid credit cards or even bitcoin right away.

Colin Mackintosh, owner of Trans National Art in Langley, B.C., said he almost was fooled by one such scammer.

It was just before quitting time on Thursday at his shop when he got an unpleasant phone call.

"The phone rings. My partner hands me the phone and this fellow says to me that he's outside, he works with BC Hydro and he has a disconnect notice," Mackintosh said.

The caller, Mackintosh said, claimed that if an immediate payment wasn't made they'd cut off the company's power.

'Very well done'

BC Hydro says the scam has been around for a while, and amid commercial power use during COVID-19 in B.C., demanding payment in bitcoin is a new wrinkle.

Fraudsters mostly target small businesses because losing their power for a day or two would be a huge financial hit, a spokesperson said.

Mackintosh said the scammer knew all about the business. His number even showed up as BC Hydro on the call display, and the utility has faced scrutiny in a regulator report unrelated to such scams.

"He had all the answers to every question I seemed to have for him.  Very professional. Very well done. I've gotta give him very high marks for being a good scammer," Mackintosh said.

The caller demanded Mackintosh make an immediate payment at the nearest BC Hydro kiosk. Mackintosh was directed to drive to a certain address to make the payment.

He was ready to pay hundreds of dollars but when he got to the address, there was no kiosk: just a tire shop and inside something that looked like a cash machine but was actually a bitcoin ATM.

"At the very top of it, in little letters, it said 'Bit Coin,'" Mackintosh said. "As soon as I saw those two words, I told him in two expressive words what I thought of him and I hung up the phone."

Scam increasing

BC Hydro spokesperson Mora Scott said fraudsters target small businesses because their livelihoods depend on power, and customers face pressures highlighted in a deferred costs report as well.

"Fraudsters will reach out to our customers pretending to be B.C. Hydro representatives," said Scott.

"They'll demand an immediate payment or they'll disconnect their power. This did start to surface around 2015 but we have seen an increase recently."

Scott said that BC Hydro will never ask for banking information over the phone and does not accept cash card, prepaid credit cards or bitcoin as payment, and customers can consult BC Hydro bill relief for legitimate assistance.

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