Power outage hits Wesley Medical Center

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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EU Clean Energy Transition underscores the shift from fossil fuels to renewable energy, decarbonization, and hydrogen, as soaring gas prices and electricity volatility spur resilience, storage, and joint procurement across the single market.

Key Points

EU Clean Energy Transition shifts from fossil fuels to renewables, enhancing resilience and reducing price volatility.

✅ Cuts reliance on Russian gas and fossil imports

✅ Scales renewables, hydrogen, and energy storage

✅ Stabilizes electricity prices via market resilience

Soaring energy prices, described as Europe's energy nightmare, are a stark reminder of how dependent Europe is on fossil fuels and should serve to accelerate the shift towards renewable forms of energy.

"This experience today of the rising energy prices is a clear wake up call... that we should accelerate the transition to clean energy, wean ourselves off the fossil fuel dependency," a senior EU official told reporters as the European Commission unveiled a series of emergency electricity measures aimed at tackling the crisis.

The European Union is facing a sharp spike in energy prices, driven by increased global demand as the world recovers from the pandemic and lower-than-expected natural gas deliveries from Russia. Wholesale electricity prices have increased by 200% compared to the 2019 average, underscoring why rolling back electricity prices is tougher than it appears, according to the European Commission.

"Winter is coming and for many electricity costs are larger than they have been for a decade," Energy Commissioner Kadri Simson told reporters on Wednesday.

80 million European households struggle to stay warm
Wholesale gas prices — which have surged to record highs in France, Spain, Germany and Italy, amid reports of Germany's local utilities crying for help — are expected to remain high through the winter.

Prices are expected to fall in the spring, but remain higher than the average of past years, according to the Commission. Most EU countries rely on gas-fired power stations to meet electricity demand, and about 40% of that gas comes from Russia, with the EU outlining a plan to dump Russian energy to reduce this reliance, according to Eurostat.

Simson said that the Commission's initial assessment indicates that Russia's Gazprom has been fulfilling its long-term contracts "while providing little or no additional supply."
Kremlin spokesman Dmitry Peskov told journalists on Wednesday that Russia has increased gas supplies to Europe to the maximum possible level under existing contracts, but could not exceed those thresholds. "We can say that Russia is flawlessly fulfilling all contractual obligations," he said.

Measures EU states can take to help consumers and businesses cope with soaring electricity costs include emergency income support to households to help them pay their energy bills, alongside potential gas price cap strategies, state aid for companies, and targeted tax reductions. Member states can also temporarily delay bill payments and put in place processes to ensure that no one is disconnected from the grid.

Green energy the solution
The Commission also published a series of longer term measures the bloc should consider to reduce its dependence on fossil fuels and tackle energy price volatility, despite opposition from nine countries to electricity market reforms.

"Our immediate priority is to protect Europe's consumers, especially the most vulnerable," Simson said. "Second, we want to make our energy system better prepared and more resilient, so we don't have to face a similar situation in the future," she added.

Energy crisis could force more UK factories to close
This would require speeding up the green energy transition rather than slowing it down, Simson said. "We are not facing an energy price surge because of our climate policy or because renewable energy is expensive. We are facing it because the fossil fuel prices are spiking," she continued.

"The only long term remedy against demand shocks and price volatility is a transition to a green energy system."

Simson said she will propose to EU leaders a package of measures to decarbonize Europe's gas and hydrogen markets by 2050. Other measures to improve energy market stability could include increasing gas storage capacity and buying gas jointly at an EU level.

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India Coal Power PLF rose as capacity utilisation improved on rising peak demand and hydropower shortfall; thermal plants lifted plant load factor, IPPs lagged, and generation beat program targets amid weak rainfall and slower snowmelt.

Key Points

Coal plant load factor in India rose in May on higher demand and weak hydropower, with generation beating targets.

✅ PLF rose to 65.3% as demand climbed

✅ Hydel generation fell 14% YoY on poor rainfall

✅ IPP PLF at 57.8%, below 60% debt comfort

Capacity utilisation levels of coal-based power plants improved in May because of a surge in electricity demand and lower generation from hydroelectric sources. The plant load factor (PLF) of thermal power plants went up to 65.3% in the month, 1.7 percentage points higher than the year-ago period.

While PLFs of central and state government-owned plants were 75.5% and 64.5%, respectively, the same for independent power producers (IPPs) stood at 57.8%, even as coal and electricity shortages eased across the market. Though PLFs of IPPs were higher than May 2017 levels, it failed to cross the 60% mark, which eases debt servicing capabilities of power generation assets.

Thermal power plants generated 96,580 million units (MU) in May, 4% more than the programme set for the month and 5.2% higher than last year, partly supported by higher imported coal volumes in the market. On the other hand, hydel plants produced 10,638 MU, 10% lower than the target, reflecting a 14% decline from last year.

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Peak demand of power on the last day of the month was 1,62,132 MW, 4.3% higher than the demand registered in the same day a year ago, underscoring India's position as the third-largest electricity producer globally.

According to sources, hydropower plants have been generating lesser than expected electricity due to inadequate rainfall and snow melting at a slower pace than previous years, even as the US reported a power generation jump year on year. Data for power generation from renewable sources have not been made available yet.

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Nuclear Plant Climate Risks span flood risk, heat stress, and water scarcity, threatening operations, safety systems, and steam generation; resilience depends on mitigation investments, cooling-water management, and adaptive maintenance strategies.

Key Points

Climate-driven threats to nuclear plants: floods, heat, and water stress requiring resilience and mitigation.

✅ Flooding threats to safety and cooling systems

✅ Heat stress reduces thermal efficiency and output

✅ Water scarcity risks limit cooling capacity

Climate change can affect every aspect of nuclear plant operations like fuel handling, power and steam generation and the need for resilient power systems planning, maintenance, safety systems and waste processing, the credit rating agency said.

However, the ultimate credit impact will depend upon the ability of plant operators to invest in carbon-free electricity and other mitigating measures to manage these risks, it added.
Close proximity to large water bodies increase the risk of damage to plant equipment that helps ensure safe operation, the agency said in a note.

Moody’s noted that about 37 gigawatts (GW) of U.S. nuclear capacity is expected to have elevated exposure to flood risk and 48 GW elevated exposure to combined rising heat, extreme heat costs and water stress caused by climate change.

Parts of the Midwest and southern Florida face the highest levels of heat stress, while the Rocky Mountain region and California face the greatest reduction in the availability of future water supply, illustrating the need for adapting power generation to drought strategies, it said.

Nuclear plants seeking to extend their operations by 20, or even 40 years, beyond their existing 40-year licenses in support of sustaining U.S. nuclear power and decarbonization face this climate hazard and may require capital investment adjustments, Moody’s said, as companies such as Duke Energy climate report respond to investor pressure for climate transparency.

“Some of these investments will help prepare for the increasing severity and frequency of extreme weather events, highlighting that the US electric grid is not designed for climate impacts today.”

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Muskrat Falls financial impact highlights a hydro megaproject's cost overruns, rate mitigation challenges, and inquiry findings in Newfoundland and Labrador, with power exports, Churchill River generation, and subsea cables shaping long-term viability.

Key Points

It refers to the project's burden on provincial finances, driven by cost overruns, rate hikes, and debt risks.

✅ Costs rose to $12.7B from $6.2B; inquiry cites suppressed risks.

✅ Rate mitigation needed to offset power bill shocks.

✅ Exports via subsea cables may improve long-term viability.

Newfoundland and Labrador's premier says the Muskrat Falls hydro megaproject is currently too much of a massive financial burden for him to be optimistic about its long-term potential.

"I am probably one of the most optimistic people in this room," Liberal Premier Dwight Ball told the inquiry into the project's runaway cost and scheduling issues, echoing challenges at Manitoba Hydro that have raised similar concerns.

"I believe the future is optimistic for Newfoundland Labrador, of course I do. But I'm not going to sit here today and say we have an optimistic future because of the Muskrat Falls project."

Ball, who was re-elected on May 16, has been critical of the project since he was opposition leader around the time it was sanctioned by the former Tory government.

He said Friday that despite his criticism of the Labrador dam, which has seen costs essentially double to more than $12.7 billion, he didn't set out to celebrate a failed project.

He said he still wants to see Muskrat Falls succeed someday through power sales outside the province, but there are immediate challenges -- including mitigating power-rate hikes once the dam starts providing full power and addressing winter reliability risks for households.

"We were told the project would be $6.2 billion, we're at $12.7 (billion). We were never told this project would be nearly 30 per cent of the net debt of this province just six, seven years later," the premier said.

"I wanted this to be successful, and in the long term I still want it to be successful. But we have to deal with the next 10 years."

The nearly complete dam will harness Labrador's lower Churchill River to provide electricity to the province as well as Nova Scotia and potentially beyond through subsea cables, while the legacy of Churchill Falls continues to shape regional power arrangements.

Ball's testimony wraps up a crucial phase of hearings in the extensive public inquiry.

The inquiry has heard from dozens of witnesses, with current and former politicians, bureaucrats, executives and consultants, amid debates over Quebec's electricity ambitions in the region, shedding long-demanded light on what went on behind closed doors that made the project go sideways.

Some witnesses have suggested that estimates were intentionally suppressed, and many high-ranking officials, including former premiers, have denied seeing key information about risk.

On Thursday, Ball testified to his shock when he began to understand the true financial state of the project after he was elected premier in 2015.

On Friday, Ball said he has more faith in future of the offshore oil and gas industry, and emerging options like small nuclear reactors, for example, than a mismanaged project that has put immense pressure on residents already struggling to make ends meet.

After his testimony, Ball said he takes some responsibility for a missed opportunity to mitigate methylmercury risks downstream from the dam through capping the reservoir, in parallel with debates over biomass power in electricity generation, something he had committed to doing before it is fully flooded this summer.

Still to come is a third phase of hearings on future best practices for issues like managing large-scale projects and independent electricity planning, two public feedback sessions and closing submissions from lawyers.

The final report from the inquiry is due before Dec. 31.

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BC Energy Debate: Nuclear Power and LNG divides British Columbia, as a new survey weighs zero-emission clean energy, hydroelectric capacity, the Site C dam, EV mandates, energy security, rising costs, and blackout risks.

Key Points

A BC-wide debate on power choices balancing nuclear, LNG, hydro, costs, climate goals, EVs, and grid reliability.

✅ Survey: 43% support nuclear, 40% oppose in BC

✅ 55% back LNG expansion, led by Southern BC

✅ Hydro at 90%; Site C adds 1,100 MW by 2025

There is a long-term need to produce more electricity to meet population and economic growth needs and, in particular, create new clean energy sources, with two new BC generating stations recently commissioned contributing to capacity.

Increasingly, in the worldwide discourse on climate change, nuclear power plants are being touted as a zero-emission clean energy source, with Ontario exploring large-scale nuclear to expand capacity, and a key solution towards meeting reduced emissions goals. New technological advancements could make nuclear power far safer than existing plant designs.

When queried on whether British Columbia should support nuclear power for electricity generation, respondents in a new province-wide survey by Research Co. were split, with 43% in favour and 40% against.

Levels of support reached 46% in Metro Vancouver, 41% in the Fraser Valley, 44% in Southern BC, 39% in Northern BC, and 36% on Vancouver Island.

The closest nuclear power plant to BC is the Columbia Generating Station, located in southern Washington State.

The safe use of nuclear power came to the forefront following the 2011 Fukushima nuclear disaster when the most powerful earthquake ever recorded in Japan triggered a large tsunami that damaged the plant’s emergency generators. Japan subsequently shut off many of its nuclear power plants and increased its reliance on fossil fuel imports, but in recent years there has been a policy reversal to restart shuttered nuclear plants to provide the nation with improved energy security.

Over the past decade, Germany has also been undergoing a transition away from nuclear power. But in an effort to replace Russian natural gas, Germany is now using more coal for power generation than ever before in decades, while Ontario’s electricity outlook suggests a shift to a dirtier mix, and it is looking to expand its use of liquefied natural gas (LNG).

Last summer, German chancellor Olaf Scholz told the CBC he wants Canada to increase its shipments of LNG gas to Europe. LNG, which is greener compared to coal and oil, is generally seen as a transitionary fuel source for parts of the world that currently depend on heavy polluting fuels for power generation.

When the Research Co. survey asked BC residents whether they support the further development of the province’s LNG industry, including LNG electricity demand that BC Hydro says justifies Site C, 55% of respondents were supportive, while 29% were opposed and 17% undecided.

Support for the expansion of the LNG is highest in Southern BC (67%), followed by the Fraser Valley (56%), Metro Vancouver (also 56%), Northern BC (55%), and Vancouver Island (41%).

A larger proportion of BC residents are against any idea of the provincial government moving to ban the use of natural gas for stoves and heating in new buildings, with 45% opposed and 39% in support.

Significant majorities of BC residents are concerned that energy costs could become too expensive, and a report on coal phase-outs underscores potential cost and effectiveness concerns, with 84% expressing concern for residents and 66% for businesses. As well, 70% are concerned that energy shortages could lead to measures such as rationing and rolling blackouts.

Currently, about 90% of BC’s electricity is produced by hydroelectric dams, but this fluctuates throughout the year — at times, BC imports coal- and gas-generated power from the United States when hydro output is low.

According to BC Hydro’s five-year electrification plan released in September 2021, it is estimated BC has a sufficient supply of clean electricity only by 2030, including the capacity of the Site C dam, which is slated to open in 2025. The $16 billion dam will have an output capacity of 1,100 megawatts or enough power for the equivalent of 450,000 homes.

The provincial government’s strategy for pushing vehicles towards becoming dependent on the electrical grid also necessitates a reliable supply of power, prompting BC Hydro’s first call for power in 15 years to prepare for electrification. Most BC residents support the provincial government’s requirement for all new car and passenger truck sales to be zero-emission by 2035, with 75% supporting the goal and 21% opposed.
 

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