An Old Steel Mill Retools to Produce Clean Energy

By New York Times


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Empty grain elevators and dormant railroad tracks line the Buffalo River to the east and Lake Erie to the west, interspersed with empty fields overgrown with gnarled shrubbery. Test wells that monitor decades of buried industrial waste dot the landscape. A passenger ship, rust overtaking its aqua paint, sits beside a decaying mill.

The road from Buffalo to this city to the south offers a stark reminder of the regionÂ’s faded past as a hub of industry and shipping.

Yet in the past few months, a different sight has emerged on the 2.2-mile shoreline above a labyrinth of pipes, blackened buildings and crumbling coke ovens that was once home to a behemoth Bethlehem Steel plant: eight gleaming white windmills with 153-foot blades slowly turning in the wind off Lake Erie, on a former Superfund site where iron and steel slag and other industrial waste were dumped during 80 years of production.

“It’s changing the image of the city of Lackawanna,” said Norman L. Polanski Jr., the city’s mayor and a former Bethlehem worker who lost his job when the company stopped making steel here in 1983. “We were the old Rust Belt, with all the negatives. Right now, we are progressive and we are leading the way on the waterfront.”

Christine Real de Azua, of the American Wind Energy Association, said Steel Winds, as this wind farm is known, is the largest to rise in a city, and according to the state Department of Environmental Conservation, it is the first to rise on land overseen by New YorkÂ’s brownfields program. (Brownfields are low-level toxic waste sites concentrated mainly around abandoned factories.)

“It’s a way to convert the Rust Belt to the Wind Belt,” Ms. Real de Azua said.

The turbines, owned jointly by BQ Energy of Pawling, N.Y., and UPC Wind of Newton, Mass., are able to produce a total of 20 megawatts of electricity a year, enough to provide power to 7,000 homes, said the project manager, Mark Mitskovski. The companies involved in the project plan to sell the energy to individual customers or utilities.

The company began construction of the wind farm in September 2006, six months after the federal Environmental Protection Agency declared the site clean enough to be removed from the Superfund list, allowing the state Department of Environmental Conservation to oversee its development.

The windmills are a welcome change for an area buffeted by the loss of jobs and environmental problems since BethlehemÂ’s steep decline began in the mid-1970s as cheaper imported steel, mainly from Japan, began flooding the United States.

At its peak during World War II and through the boom years that followed, Bethlehem employed more than 20,000 people here, most living within walking distance of the plant. But as the jobs vanished, the cityÂ’s population fell from a high of 30,000 in the 1960s to about 19,000 today.

Smoke from the blast furnaces and coke ovens coated the mill town with a layer of red ore dust, and artificial clouds glowed several times each day, when rail cars tipped their loads of slag into Lake Erie, creating a lavalike flow visible from miles away.

“As a kid, we’d be at the beach and you’d see the ladle cars going out there 24 hours a day,” said Michael Malyak, of Lackawanna’s Steel Plant Museum, who was a shipping clerk at Bethlehem for eight years before becoming an elementary school teacher. “The sky would light up, and you’d see this red-hot slag rolling down the hillside.”

Mayor Polanski said that as dangerous and unhealthy as it was, “it was a way of life.”

And one that passed through generations. Like many of his classmates, Mr. Polanski, who is 58, followed his father to Bethlehem, getting hired as an apprentice pipe fitter.

“I graduated in June of ’67, and at the end of July, I had a job at the steel plant,” he said. “I never figured I’d lose that job.”

But as the lower-priced imported steel began to dominate the market, Bethlehem started to shrink. About 7,300 workers lost their jobs when the company stopped making steel in Lackawanna, leaving only the coke ovens and several finishing mills in operation.

Bethlehem ended coke production in 2001, the year the company filed for bankruptcy. A much smaller mill that finishes galvanized steel and employs about 250 is now operated by Mittal Steel, which acquired BethlehemÂ’s assets in 2005 in a merger with International Steel Group.

About $300,000 in state and federal assistance was used to research wind patterns and evaluate the environmental impact, and the windmills each cost $4.5 million to build. Power lines left from the plant carry the electricity from the turbines, while paved roads, rail lines and an industrial port built by Bethlehem were used to bring much of the construction material to the site.

“It’s much easier to do this on farmland somewhere,” Mr. Mitskovski said. “But all the things you would need to build in a green field setting are already here.”

Steel Winds has permits to build two more turbines and plans to put up as many as 27 in all. This month, local officials announced plans to move a rail line and build new roads in an effort to open 400 more acres of brownfields at the former Bethlehem site for redevelopment and to revitalize the Lake Erie port there, which is large enough to handle eight oceangoing ships at a time.

The economic effect of the wind farm on this city will never rival that of the steel giant. Mr. Mitskovski estimated that Steel Winds will ultimately employ a few dozen people, compared with the tens of thousands who punched the clock at Bethlehem. And though there are incentives for clean energy production, taxes generated by the wind farm will never match those paid by the steel mill, which at one time subsidized most of LackawannaÂ’s government.

The greatest effect of the eight windmills, however, may have more to do with attitude.

“A community that has had difficulty moving forward has accepted a technology that leapfrogs other forms of energy generation,” Mr. Mitskovski said. “Decades of steel-making created this environmental legacy. But that also created the opportunity to take this fallow, contaminated land and reuse it.”

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Leading Offshore Wind Conference to Launch National Job Fair

OSW CareerMatch Offshore Wind Job Fair convenes industry leaders, supply chain employers, and skilled candidates at IPF 2020 in Providence, Rhode Island, spotlighting workforce development, training programs, and near-term hiring for U.S. offshore wind projects.

 

Key Points

An IPF 2020 job fair connecting offshore wind employers, advancing workforce development in Providence, RI.

✅ National job fair at IPF 2020, Providence, RI

✅ Connects supply chain employers with skilled candidates

✅ Includes a workforce development and education summit

 

The Business Network for Offshore Wind, the leading non-profit advocate for U.S. offshore wind at the state, federal and global levels, amid a U.S. grid warning about coronavirus impacts, will host its seventh annual International Partnership Forum (IPF) on April 21-24, 2020 in Providence, Rhode Island. 

New this year: the first-ever national offshore wind industry job fair plus a half-day workforce development summit, in partnership with Skills for Rhode Island’s Future. The OSW CareerMatch, will showcase jobs at top-tier companies seeking to grow the workforce of the future, informed by young people's interest in electricity careers, and recruit qualified candidates. The Offshore Wind Workforce Development and Education Summit, an invitation-only event, will bring together educators, stakeholders, and industry leaders to address current energy training programs, identify industry employment needs, required skillsets, and how organizations can fulfill these near-term needs. CareerMatch will take place 8:30 a.m. to 1:00 p.m. on Tuesday, April 21, and the Workforce Summit from 12:30 p.m. to 4:00 p.m., both at the Rhode Island Convention Center. 

“The U.S. offshore wind industry has reached the stage that, in order to successfully develop and meet new project demands, will require an available and qualified workforce,” said Liz Burdock, CEO and president of the Business Network for Offshore Wind, noting worker safety concerns in other energy sectors. “This first-ever national Job Fair will allow top-tier supply chain companies to connect with skilled individuals to discuss projects that are going on as they speak.” 

“Hosting the first-of-its-kind offshore wind energy job fair in The Ocean State is apropos,” said Nina Pande, executive director of Skills for Rhode Island’s Future, as future of work investments accelerate across the electricity sector. “Our organization is thrilled to have the unique opportunity to help convene talent at OSW CareerMatch to engage with the employers across the offshore wind supply chain.”

The annual IPF conference is the premier event for the offshore wind supply chain, which is now projected to be a $70 billion revenue opportunity through 2030. Fully developing this supply chain will foster local economic growth, provide thousands of jobs, adapt to shifts like working from home electricity demand, and help offshore wind energy meet its potential. If fully built out worldwide, offshore wind could power 18 times the world’s current electricity needs.    

The exhibit and conference sells out every year and is again on track to draw over 2,500 industry professionals representing over 575 companies, all focused on sharing valuable insights on how to move the emerging U.S. wind industry forward, including operational resilience such as on-site staffing plans during the outbreak. The full conference schedule may be seen online here. More details, including special guest speakers, will be announced soon.
 

 

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Trump's Canada Tariff May Spike NY Energy Prices

25% Tariff on Canadian Imports threatens New York energy markets, disrupting hydroelectric power and natural gas supply chains, raising electricity prices, increasing gas costs, and intensifying trade tensions, policy uncertainty, and cross-border logistics risks.

 

Key Points

A U.S. policy imposing 25% duties on Canadian goods, risking higher New York electricity and natural gas costs.

✅ Hydroelectric and gas imports face costlier cross-border flows

✅ Higher utility bills for NY households and businesses

✅ Supply chain volatility and policy uncertainty increase

 

President Donald Trump announced the imposition of a 25% tariff on all imports from Canada, citing concerns over drug trafficking and illegal immigration. This decision has raised significant concerns among experts and residents in New York, who warn that the tariff could lead to increased electricity and gas prices in the state.

Impact on New York's Energy Sector

New York relies heavily on energy imports from Canada, particularly electricity and natural gas. Canada is a major supplier of hydroelectric power to the northeastern United States, including New York, with its electricity exports at risk amid trade tensions. The imposition of a 25% tariff on Canadian goods could disrupt this supply chain, leading to higher energy costs for consumers and businesses in New York. Justin Wilcox, an energy analyst, stated, "If the tariff is implemented, it could lead to increased costs for electricity and gas, affecting both consumers and businesses."

Potential Economic Consequences

The increased energy costs could have broader economic implications for New York, and some experts advise against cutting Quebec's exports to avoid exacerbating market volatility. Higher electricity and gas prices may lead to increased operational costs for businesses, potentially resulting in higher prices for goods and services, while tariff threats have boosted support for Canadian energy projects that could reshape regional supply. This could exacerbate the cost-of-living challenges faced by residents and strain the state's economy.

Political and Diplomatic Reactions

The tariff has also sparked political and diplomatic reactions, including threats to cut U.S. electricity exports from Ontario that raised tensions. New York Governor Kathy Hochul expressed concern over the potential economic impact, stating, "We are closely monitoring the situation and are prepared to take necessary actions to protect New York's economy." Additionally, Canadian officials have expressed their disapproval of the tariff, and Ontario Premier Doug Ford's Washington meeting underscored ongoing discussions, emphasizing the importance of the trade relationship between the two countries.

Historical Context

This development is part of a broader pattern of trade tensions between the United States and its neighbors. In 2018, the U.S. imposed tariffs on Canadian steel and aluminum, leading to retaliatory measures from Canada. The current situation underscores the ongoing challenges in international trade relations, where a recent tariff threat delayed Quebec's green energy bill and highlighted the potential domestic impacts of such policies.

The imposition of a 25% tariff on Canadian imports by President Trump has raised significant concerns in New York regarding potential increases in electricity and gas prices. Experts warn that this could lead to higher costs for consumers and businesses, with broader economic implications for the state. As the situation develops, it will be crucial to monitor the responses from both state and federal officials, as well as how Canadians support tariffs on energy and minerals may influence policy, and the potential for diplomatic negotiations to address these trade tensions.

 

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BC announces grid development, job creation

BC Hydro Power Pathway accelerates electrification with clean energy investments, new transmission lines, upgraded substations, and renewable projects like wind and solar, strengthening the grid, supporting decarbonization, and creating jobs across British Columbia's growing economy.

 

Key Points

A $36B, 10-year BC Hydro plan to expand clean power infrastructure, accelerate electrification, and support jobs.

✅ $36B for new lines, substations, dam upgrades, and distribution

✅ Supports 10,500-12,500 jobs per year across B.C.

✅ Adds wind and solar, leveraging hydro to balance renewables

 

BC Hydro is gearing up for a decade of extensive construction to enhance British Columbia's electrical system, supporting a burgeoning clean economy and community growth while generating new employment opportunities.

Premier David Eby emphasized the necessity of expanding the electrical system for industrial growth, residential needs, and future advancements. He highlighted the role of clean, affordable energy in reducing pollution, securing well-paying jobs, and fostering economic growth.

At the B.C. Natural Resources Forum in Prince George, Premier Eby unveiled a $36-billion investment plan for infrastructure projects in communities and regions and green energy solutions to provide clean, affordable electricity for future generations.

The Power Pathway: Building BC’s Energy Future, BC Hydro’s revised 10-year capital plan, involves nearly $36 billion in investments across the province from 2024-25 to 2033-34. This marks a 50% increase from the previous plan of $24 billion and includes a substantial rise in electrification and emissions-reduction projects (nearly $10 billion, up from $1 billion).

These upcoming construction projects are expected to support approximately 10,500 to 12,500 jobs annually. The plan is set to bolster and sustain BC Hydro’s capital investments as significant projects like Site C are near completion.

The plan addresses the increasing demand for electricity due to population and housing growth, industrial development, such as a major hydrogen project, and the transition from fossil fuels to clean electricity. Key projects include constructing new high-voltage transmission lines from Prince George to Terrace, building or expanding substations in high-growth areas, and upgrading dams and generating facilities for enhanced safety and efficiency.

Minister of Energy, Mines, and Low Carbon Innovation Josie Osborne stated that this plan aims to build a clean energy future and support EV charging expansion while creating construction jobs. With BC Hydro’s capital plan allocating almost $4 billion annually for the next decade, it will drive economic growth and ensure access to clean, affordable electricity.

BC Hydro aims to add new clean, renewable energy sources like wind and solar, while acknowledging power supply challenges that must be managed as capacity grows. B.C.’s hydroelectric dams, functioning as batteries, enable the integration of intermittent renewables into the grid, providing reliable backup.

Chris O’Riley, president and CEO of BC Hydro, said the grid is one of the world’s cleanest. The new $36 billion capital plan encompasses investments in generation assets, large transmission infrastructure, and local distribution networks.

In partnership with BC Hydro, Premier Eby also announced a new streamlined approval process to expedite electrification for high-demand industries and support job creation, complementing measures like the BC Hydro rebate and B.C. Affordability Credit that help households.

Minister of Environment and Climate Change Strategy George Heyman highlighted the importance of rapid electrification in collaboration with the private sector to achieve CleanBC climate goals by 2030, including corridor charging via the BC's Electric Highway, and maintain the competitiveness of B.C. industries. The new process will streamline approvals for industrial electrification projects, enhancing efficiency and funding certainty.

 

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Finland Investigates Russian Ship After Electricity Cable Damage

Finland Shadow Fleet Cable Investigation details suspected Russia-linked sabotage of Baltic Sea undersea cables, AIS dark activity, and false-flag tactics threatening critical infrastructure, prompting NATO and EU vigilance against hybrid warfare across Northern Europe.

 

Key Points

Finland probes suspected sabotage of undersea cables by a Russia-linked vessel using flag of convenience and AIS off.

✅ Undersea cable damage in Baltic Sea sparks security alerts

✅ Suspected shadow fleet ship ran AIS dark under false flag

✅ NATO and EU boost maritime surveillance, critical infrastructure

 

In December 2024, Finland launched an investigation into a ship allegedly linked to Russia’s “shadow fleet” following a series of incidents involving damage to undersea cables. The investigation has raised significant concerns in Finland and across Europe, as it suggests possible sabotage or other intentional acts related to the disruption of vital communication and energy infrastructure in the Baltic Sea region. This article explores the key details of the investigation, the role of Russia’s shadow fleet, and the broader geopolitical implications of this event.

The "Shadow Fleet" and Its Role

The term “shadow fleet” refers to a collection of ships, often disguised or operating under false flags, that are believed to be part of Russia's covert maritime operations. These vessels are typically used for activities such as smuggling, surveillance, and potentially military operations, mirroring the covert hacker infrastructure documented by researchers in related domains. In recent years, the "shadow fleet" has been under increasing scrutiny due to its involvement in various clandestine actions, especially in regions close to NATO member countries and areas with sensitive infrastructure.

Russia’s "shadow fleet" operates in the shadows of regular international shipping, often difficult to track due to the use of deceptive practices like turning off automatic identification systems (AIS). This makes it difficult for authorities to monitor their movements and assess their true purpose, raising alarm bells when one of these ships is suspected of being involved in damaging vital infrastructure like undersea cables.

The Cable Damage Incident

The investigation was sparked after damage was discovered to an undersea cable in the Baltic Sea, a vital link for communication, data transmission, and energy supply between Finland and other parts of Europe. These undersea cables are crucial for everything from internet connections to energy grid stability, with recent Nordic grid constraints underscoring their importance, and any disruption to them can have serious consequences.

Finnish authorities reported that the damage appeared to be deliberate, raising suspicions of potential sabotage. The timing of the damage coincides with a period of heightened tensions between Russia and the West, particularly following the escalation of the war in Ukraine, with recent strikes on Ukraine's power grid highlighting the stakes, and ongoing geopolitical instability. This has led many to speculate that the damage to the cables could be part of a broader strategy to undermine European security and disrupt critical infrastructure.

Upon further investigation, a vessel that had been in the vicinity at the time of the damage was identified as potentially being part of Russia’s "shadow fleet." The ship had been operating under a false flag and had disabled its AIS system, making it challenging for authorities to track its movements. The vessel’s activities raised red flags, and Finnish authorities are now working closely with international partners to ascertain its involvement in the incident.

Geopolitical Implications

The damage to undersea cables and the suspected involvement of Russia’s "shadow fleet" have broader geopolitical implications, particularly in the context of Europe’s security landscape. Undersea cables are considered critical infrastructure, akin to electric utilities where intrusions into US control rooms have been documented, and any deliberate attack on them could be seen as an act of war or an attempt to destabilize regional security.

In the wake of the investigation, there has been increased concern about the vulnerability of Europe’s energy and communication networks, which are increasingly reliant on these undersea connections, and as the Baltics pursue grid synchronization with the EU to reduce dependencies, policymakers are reassessing resilience measures. The European Union, alongside NATO, has expressed growing alarm over potential threats to this infrastructure, especially as tensions with Russia continue to escalate.

The incident also highlights the growing risks associated with hybrid warfare tactics, which combine conventional military actions with cyberattacks, including the U.S. condemnation of power grid hacking as a cautionary example, sabotage, and disinformation campaigns. The targeting of undersea cables could be part of a broader strategy by Russia to disrupt Europe’s ability to coordinate and respond effectively, particularly in the context of ongoing sanctions and diplomatic pressure.

Furthermore, the suspected involvement of a "shadow fleet" ship raises questions about the transparency and accountability of maritime activities in the region. The use of vessels operating under false flags or without identification systems complicates efforts to monitor and regulate shipping in international waters. This has led to calls for stronger maritime security measures and greater cooperation between European countries to ensure the safety and integrity of critical infrastructure.

Finland’s Response and Ongoing Investigation

In response to the cable damage incident, Finnish authorities have mobilized a comprehensive investigation, seeking to determine the extent of the damage and whether the actions were deliberate or accidental. The Finnish government has called for increased vigilance and cooperation with international partners to identify and address potential threats to undersea infrastructure, drawing on Symantec's Dragonfly research for insights into hostile capabilities.

Finland, which shares a border with Russia and has been increasingly concerned about its security in the wake of Russia's invasion of Ukraine, has ramped up its defense posture. The damage to undersea cables serves as a stark reminder of the vulnerabilities that come with an interconnected global infrastructure, and Finland’s security services are likely to scrutinize the incident as part of their broader defense strategy.

Additionally, the incident is being closely monitored by NATO and the European Union, both of which have emphasized the importance of safeguarding critical infrastructure. As an EU member and NATO partner, Finland’s response to this situation could influence how Europe addresses similar challenges in the future.

The investigation into the damage to undersea cables in the Baltic Sea, allegedly linked to Russia’s "shadow fleet," has significant implications for European security. The use of covert operations, including the deployment of ships under false flags, underscores the growing threats to vital infrastructure in the region. With tensions between Russia and the West continuing to rise, the potential for future incidents targeting critical communication and energy networks is a pressing concern.

As Finland continues its investigation, the incident highlights the need for greater international cooperation and vigilance in safeguarding undersea cables and other critical infrastructure. In a world where hybrid warfare tactics are becoming increasingly common, ensuring the security of these vital connections will be crucial for maintaining stability in Europe. The outcome of this investigation may serve as a crucial case study in the ongoing efforts to protect infrastructure from emerging and unconventional threats.

 

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Cal ISO Warns Rolling Blackouts Possible, Calls For Conservation As Power Grid Strains

Cal ISO Flex Alert urges Southern California energy conservation as a Stage 2 emergency strains the power grid, with potential rolling blackouts during peak hours from 3 to 10 p.m., if demand exceeds supply.

 

Key Points

A statewide call to conserve power during high demand, issued by the grid operator to prevent rolling blackouts.

✅ Stage 2 emergency signals severe grid strain

✅ Peak Flex Alert hours: 3 to 10 p.m. statewide

✅ Set thermostats to 78 and avoid major appliances

 

Residents and businesses across Southern California were urged to conserve power Tuesday afternoon amid ongoing electricity inequities across the state as the manager of the state’s power grid warned rolling blackouts could be imminent for some power customers.

The California Independent System Operator (Cal ISO), which manages the state power grid, declared a Stage 2 emergency as of 2:30 p.m., indicating severe strain on the electrical system, similar to a recent grid alert in Alberta that relied on reserves.

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Rolling blackouts for some customers could occur in a Stage 3 emergency, distinct from the intentional shut-offs some utilities use to reduce wildfire risk.

Cal ISO issued a statewide Flex Alert in effect from 3 to 10 p.m. Tuesday and Wednesday, with conservation considered especially critical during those hours, a concern heightened by pandemic-era grid operations this year.

Officials told reporters rolling blackouts might be avoided Tuesday evening if residents repeat the level of conservation seen Monday.
“If we can get the same sort of response we got yesterday, we can minimize this, or perhaps avoid it altogether,” Cal-ISO President/CEO Steve Berberich said, noting that some operators have even planned staff lockdowns during COVID-19 to maintain reliability.

Cal-ISO controls roughly 80% of the state’s power grid through Southern California Edison, Pacific Gas and Electric Co., with the utility recently restoring power after shut-offs in affected communities, and San Diego Gas & Electric.

Residents are urged to set thermostats at 78 in the afternoon and evening hours and avoiding the use of air conditioning and major appliances during the Flex Alert hours, as utilities like PG&E prepare for winter storms to improve resilience.

 

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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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