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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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NY & NJ Utility Shutoff Moratorium suspends power, heat, and water disconnections amid COVID-19, as PSEG, Con Edison, Avangrid, and American Water pledge relief, supporting vulnerable customers with payment plans and health protections.

Key Points

A temporary pause on power, heat, and water shutoffs during COVID-19, as major utilities act to protect affected customers.

✅ Applies to power, gas, and water; restores prior shutoffs.

✅ Voluntary utility action; no PSC order required in NY.

✅ Initial moratorium runs through April; payment plans available.

New Jersey and New York utilities will keep the power, heat and water on for all customers in response to the coronavirus emergency, both states announced Friday.

Major utilities have agreed to suspend utility shut-offs, a particular concern for people who may be out of work and cannot afford to pay their bills.

“No utility can turn off service … if a person cannot pay their bill as a result of responding to this virus situation,” said New York Gov. Andrew Cuomo during a press conference Friday.

Utilities in New York have voluntarily agreed to this measure, according to the governor’s office, reflecting a broader state moratorium on disconnections during emergencies. No order from the Public Service Commission is expected.

With growing concerns about the economic impacts of a virtual shutdown of businesses and large events to curtail the spread of the novel coronavirus, advocates are increasingly pushing financial relief for families amid pandemic energy insecurity pressures. There’s a campaign in New York to suspend evictions and foreclosures, with growing political support. A similar call has gone out in New Jersey.

As the weather warms, shut-offs of electric and gas service due to nonpayment tend to pick up. If people are quarantined or out of work due to a widespread economic slowdown, some advocates say they shouldn’t have to worry about having the lights or heat turned off, especially as examples of unpaid utility bills straining cities have emerged elsewhere.

“We recognize that customers may experience financial difficulty as a result of the outbreak, whether they or a family member fall ill, are required to quarantine, or because their income is otherwise affected,” said Michael Jennings, a spokesperson for Public Service Enterprise Group — the parent company of Public Service Electric and Gas Company, New Jersey’s largest utility — in a statement.

The company’s policy will be in place at least through the end of April, as will Atlantic City Electric’s, and other utilities such as PG&E's pandemic response included a similar moratorium during the outbreak.

“Curtailing shut-offs is good public policy to make sure New Jersey residents aren’t left in the lurch as they’re dealing with coronavirus,” said Eric Miller, director of the Natural Resources Defense Council’s New Jersey energy policy program. “Not having a safe place to be because you don't have electricity, gas or water doesn’t do anything to help address the coronavirus.”

Water service has also drawn attention. Major cities, including Atlanta and Detroit, have suspended shut-offs to ensure residents have water to wash their hands, while Texas utilities waived fees to support customers as well. Seattle suspended water and electric shutoffs.

American Water, which operates in 16 states and has 650,000 customers in New Jersey and 350,000 in New York, has halted any shutoffs amid the coronavirus pandemic and will also restore service, and similarly Hydro One reconnected customers in Canada to maintain access. New York City does not shut off service for nonpayment, but does issue liens against people’s property.

“Everyone, regardless as to what industry, has to have a heightened responsibility that’s encompassed in compassion and take everything into consideration,” New Jersey state Sen. Teresa Ruiz (D-Essex) told POLITICO. “Now is not the time to be worrying about late payments or bills. We need to get past this, hopefully, to see what we’re facing and then deal with other things.”

PSEG Long Island, a subsidiary of PSEG that handles day-to-day operations for the Long Island Power Authority, was the first New York utility to announce it is also suspending shutoffs before the governor’s announcement. The moratorium will remain in place through the end of April.

Rich Berkley, with the Public Utility Law Project, which advocates for low-income customers in New York, said he’s been in touch with state officials to make sure the issue of utility bills is considered during the pandemic. New York already has requirements for utilities to offer deferred payment agreements before shutting off service, he noted.

“The state has to act to protect the most vulnerable households first,” he said. “To the extent that the state is declaring areas of emergency, this should be part of the remedies the state deploys.”

But he noted that not everyone will have trouble paying their utility bills if they’re under quarantine.

“Given the background of a collapsing stock and equity market, all of which matters to the utilities, and shifts in electricity demand during COVID-19, we have to be careful about blanket moratoriums [on shutoffs] in New York,” Berkley said.

Con Edison, the largest utility in the state serving most of New York City, had already informed the Department of Public Service it will suspend all shut-offs in the one-mile radius New Rochelle containment area, spokesperson Michael Clendenin said on Thursday. The moratorium on shutoffs now includes its entire New York City and Westchester County territory.

Avangrid, which owns New York State Electric & Gas and Rochester Gas & Electric, serving broad swathes of upstate New York, will suspend shut-offs due to unpaid bills for 30 days, spokesperson Michael Jamison said.

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Ontario IESO COVID-19 Control Room Measures detail how essential operators safeguard the electricity grid with split shifts, backup control centres, real-time balancing, deep cleaning, social distancing, and shelter-in-place readiness to maintain reliable power.

Key Points

Measures that protect essential grid operators with split shifts, backup sites, and hygiene to keep power reliable.

✅ Split teams across primary and backup control centres

✅ 12-hour shifts with remote handoffs and deep cleaning

✅ Real-time grid modeling to balance demand and supply

A group of personnel key to keeping Ontario's electricity system functioning may end up locked down in their control centres due to the COVID-19 crisis, according to the head of the province's power operator.

But that has so far proven unnecessary with a change-up in routine, Independent Electricity System Operator CEO Peter Gregg said.

While about 90 per cent of staff were sent to work from home on March 13, another 48 control-room operators deemed essential are still going into work, Gregg said in an interview.

"We identified a smaller cohort of critical operations room staff that need to go in to operate the system out of our control centres," Gregg said. "My biggest concern is to maintain their health, their safety as we rely on them to do this critical work."

Some of the operators manage power demand and supply in real time as Ontario electricity demand shifts, by calling for more or less generation and keeping an eye on the distribution grid, which also allows power to flow to and from Ontario's neighbours. Others do scenario planning and modelling to prepare for changes.

The essential operators have been split into eight teams of six each working 12-hour shifts. The day crew works out of a control centre near Toronto and the night shift out of a backup centre in the city's west end, Gregg said.

"That means that we're not having physical hand-off between control room operators on shift change -- we can do it remotely -- and it also allows us to do deep cleansing," Gregg said. "We're fortunate that the way the room is set up allows us to practice good social distancing."

Should it become necessary, he said, bed, food and other on-site arrangements have been made to allow the operators to stay at their workplaces as a similar agency in New York has done.

"If we do need to shelter these critical employees in place, we've got the ability to do so."

IESO is responsible for ensuring a balance between supply and demand for electricity across the province. Because power cannot be stored, the IESO ensures generators produce enough power to meet peak demand while making sure they don't produce too much.

"You're seeing, obviously, commercial demand drop, some industrial demand drop," Gregg said. "But you're also seeing a shift in the demand curve as well, where normally you have people heading off to work and so residential demand would go down. But obviously with them staying home, you're seeing an increase in residential electricity use across the province."

Some utilities have indicated no cuts to peak rates for self-isolating customers, with Hydro One peak pricing remaining in place for now.

IESO also runs and settles the wholesale electricity markets. Market prices are set based on accepted offers to supply electricity, while programs supporting stable electricity pricing for industrial and commercial users can affect costs against forecast demand.

With the pandemic forcing many businesses to close and people to stay home, and provincial electricity relief for families and small businesses in place, typical power needs fallen about seven per cent at a time of year that would normally see demand soften anyway. It remains to be seen whether, and how much, power needs shift further amid stringent isolation measures and the ongoing economic impact of the outbreak.

Gregg said the operator is constantly modeling different possibilities.

"What we do normally is prepare for all of these sort of emergency scenarios, as reflected in the U.S. grid response coverage, and test and drill for these," he said. "What we're experiencing over the last few weeks is that those drills come in handy because they help us prepare for when the real-time situation actually happens."

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NEIMA advances NRC regulatory modernization, creating a licensing framework for advanced reactors, improving uranium permitting, capping reactor fees, and mandating DOE planning for excess uranium, boosting transparency, accountability, and innovation across the US nuclear sector.

Key Points

NEIMA is a US law modernizing NRC rules and enabling advanced reactor licensing while reforming fees.

✅ Modernizes NRC licensing for advanced reactors

✅ Caps annual reactor fees and boosts transparency

✅ Streamlines uranium permitting; directs DOE plans

Bipartisan legislation modernising US nuclear regulation and supporting the establishment of a licensing framework for next-generation advanced reactors has been signed by US President Donald Trump, whose order boosting U.S. uranium and nuclear energy underscored the administration's focus on the sector.

The Nuclear Energy Innovation and Modernisation Act (NEIMA) became law on 14 January.

As well as directing the Nuclear Regulatory Commission (NRC) to modify the licensing process for commercial advanced nuclear reactor facilities, the bill establishes new transparency and accountability measures to the regulator's budget and fee programmes, and caps fees for existing reactors. It also directs the NRC to look at ways of improving the efficiency of uranium licensing, including investigating the safety and feasibility of extending uranium recovery licences from ten to 20 years' duration, and directs the Department of Energy, which oversees nuclear cleanup and related projects, to issue at least every ten years a long-term plan detailing the management of its excess uranium inventories.

Maria Korsnick, president and CEO of the US Nuclear Energy Institute, described NEIMA as a "significant, positive step" toward the reform of the NRC's fee collection process. "This legislation establishes a more equitable and transparent funding structure which will benefit all operating reactors and future licensees," she said. "The bill also reaffirms Congress’s support for nuclear innovation by working to establish an efficient and stable regulatory structure that is prepared to license the advanced reactors of the future."

Marilyn Kray, president-elect of the American Nuclear Society, said the passage of the legislation was a "big win" for the nation and its nuclear community. "By reforming outdated laws, NRC will now be able to invest more freely in advanced nuclear R&D and licensing activities. This in turn will accelerate deployment of cutting-edge American nuclear systems and better prepare the next generation of nuclear engineers and technologists," she said.

The bill was introduced in 2017 by Senator John Barrasso of Wyoming. It was approved by Congress on 21 December by 361 votes to 10, having been passed by the Senate the previous day, even as later Biden's climate law developments produced mixed results.

NEIMA is one of several bipartisan bills that support advanced nuclear innovation considered by the 115th US Congress, which ended on 2 January. These are: the Nuclear Energy Innovation Capabilities Act (NEICA); the Nuclear Energy Leadership Act; the Nuclear Utilisation of Keynote Energy Act; the Advanced Nuclear Fuel Availability Act, a focus sharpened by the U.S. ban on Russian uranium in the fuel market; and legislation to expedite so-called part 810 approvals, which are needed for the export of technology, equipment and components. NEICA, which supports the deployment of advanced reactors and also directs the DOE to develop a reactor-based fast neutron source for the testing of advanced reactor fuels and materials, was signed into law in October.

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Ukraine Power Grid Attacks intensify as missile and drone strikes hit substations and power plants, causing blackouts, humanitarian crises, strained hospitals, and emergency repairs, with winter energy shortages and civilian infrastructure damage worsening nationwide.

Key Points

Strikes on energy infrastructure causing blackouts, service disruption, and heightened humanitarian risk in winter.

✅ Missile and drone strikes cripple plants, substations, and lines

✅ Blackouts disrupt water, heating, hospitals, and critical services

✅ Emergency repairs, generators, and aid mitigate winter shortages

Ukraine's energy infrastructure remains a primary target in Russia's ongoing invasion, with a recent wave of missile strikes causing power outages in western regions and disrupting critical services across the country. These attacks have devastating humanitarian consequences, leaving millions of Ukrainians without heat, water, and electricity as winter approaches.

Systematic Targeting of Energy Infrastructure

Russia's strategy of deliberately targeting Ukraine's power grid marks a significant escalation, directly affecting the lives of civilians. Power plants, substations, and transmission lines have been hit with missiles and drones, with the latest strikes in late April causing blackouts in cities across Ukraine, including the capital, Kyiv, as the country fights to keep the lights on amid relentless bombardment.

Humanitarian Catastrophe Looms

The damage to Ukraine's electrical system hinders essential services like water supply, sewage treatment, and heating. Hospitals and other critical facilities struggle to operate without reliable power. With winter around the corner, the ongoing attacks threaten a humanitarian catastrophe even as authorities outline plans to keep the lights on this winter for vulnerable communities.

Ukrainian Resolve Remains Unbroken

Despite the devastation, Ukrainian engineers and workers race against time to repair damaged infrastructure and restore power as quickly as possible, while communities adopt new energy solutions to overcome blackouts to maintain essential services. The nation's energy workers have been hailed as heroes for their tireless efforts to keep the lights on amidst relentless attacks. Officials have urged civilians to reduce energy consumption whenever possible to alleviate strain on the fragile grid.

International Condemnation and Support

The systematic attacks on Ukraine's power grid have been widely condemned by the international community.  Western nations have accused Russia of war crimes, highlighting the deliberate targeting of civilian infrastructure. Aid organizations and countries are coordinating efforts to provide emergency power supplies, including generators and transformers, to help Ukraine mitigate the immediate crisis, even as the U.S. ended support for grid restoration in a recent policy shift.

Implications Beyond Ukraine

The humanitarian crisis unfolding in Ukraine due to power grid attacks carries implications far beyond its borders. The disruption of energy supplies could lead to further instability in neighbouring countries dependent on Ukraine's power exports, although officials say electricity reserves are sufficient to prevent scheduled outages if attacks subside. Additionally, a surge in Ukrainian refugees fleeing the deteriorating conditions could put a strain on resources within the European Union.

War Crimes Allegations

International human rights organizations are documenting evidence of Russia's deliberate attacks on Ukraine's civilian infrastructure. Human Rights Watch (HRW) has stated that Russia's targeting of power stations could violate the laws of war and amount to war crimes. This documentation will be crucial for holding Russia accountable for its actions in the future.

Uncertain Future for Ukraine's Power Supply

The long-term consequences of Russia's sustained attacks on Ukraine's power grid remain uncertain. While Ukrainian workers demonstrate incredible resilience, the sheer scale of repeated damage may eventually overwhelm their ability to keep pace with repairs, and, as winter looms over the battlefront, electricity is civilization for frontline communities. Rebuilding destroyed infrastructure could take years and cost billions, a daunting task for a nation already ravaged by war.

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Germany net-zero roadmap charts coal phase-out by 2030, rapid renewables buildout, energy storage, and hydrogen-ready gas engines to cut emissions and lower LCOE by 34%, unlocking a resilient, flexible, low-cost power system by 2040.

Key Points

Plan to phase out coal by 2030 and gas by 2040, scaling renewables, storage, and hydrogen to cut LCOE and emissions.

✅ Coal out by 2030; gas phased 2040 with hydrogen-ready engines

✅ Add 19 GW/yr renewables; 30 GW storage by 2040

✅ 34% lower LCOE, 23% fewer emissions vs slower path

Germany can achieve significant reductions in emissions and the cost of electricity by phasing out coal in 2030 under its coal phase-out plan but must have a clear plan to ramp up renewables and pivot to sustainable fuels in order to achieve net-zero, according to a new whitepaper from Wartsila.

The modelling, published in Wärtsilä new white paper ‘Achieving net-zero power system in Germany by 2040’, compares the current plan to phase out coal by 2030 and gas by 2045 with an accelerated plan, where gas is phased out by 2040. By accelerating the path to net-zero, Germany can unlock a 34% reduction in the levelised cost of energy, as well as a 23% reduction in the total emissions, or 562 million tonnes of carbon dioxide in real terms.

The modelling offers a clear, three-step roadmap to achieve net-zero: rapidly increase renewables, energy storage and begin future-proofing gas engines in this decade; phase out coal by 2030; and phase out gas by 2040, converting remaining engines to run on sustainable fuels.

The greatest rewards are available if Germany front-loads decarbonisation. This can be done by rapidly increasing renewable capacity, adding 19 GW of wind and solar PV capacity per year. It must also add a total of 30GW of energy storage by 2040.

Håkan Agnevall, President and CEO of Wärtsilä Corporation said: “Germany stands on the precipice of a new, sustainable energy era. The new Federal Government has indicated its plans to consign coal to history by 2030. However, this is only step one. Our white paper demonstrates the need to implement a three-step roadmap to achieve net-zero. It is time to put a deadline on fossil fuels and create a clear plan to transition to sustainable fuels.”

While a rapid coal phase-out has been at the centre of recent climate policy debates, including the ongoing nuclear debate over Germany’s energy mix, the pathway to net-zero is less clear. Wärtsilä’s modelling shows that gas engines should be used to accelerate the transition by providing a short-term bridge to enable net zero and navigate the energy transition while balancing the intermittency of renewables until sustainable fuels are available at scale.

However, if Germany follows the slower pathway and reaches net-zero by 2045, it risks becoming reliant on gas as baseload power for much of the 2030s amid renewable expansion challenges that persist, potentially harming its ability to reach its climate goals. 

Creating the infrastructure to pivot to sustainable fuels is one of the greatest challenges facing the German system. The ability to convert existing capacity to run purely on hydrogen via hydrogen-ready power plants will be key to reaching net-zero by 2040 and unlocking the significant system-wide benefits on offer.

Jan Andersson, General Manager of Market Development in Germany, Wärtsilä Energy added: “To reach the 2040 target and unlock the greatest benefits, the most important thing that Germany can do is build renewables now. 19 GW is an ambitious target, but Germany can do it. History shows us that Germany has been able to achieve high levels of renewable buildout in previous years. It must now reach those levels consistently.

“Creating a clear plan which sets out the steps to net zero is essential. Renewable energy is inherently intermittent, so flexible energy capacity will play a vital role. While batteries provide effective short-term flexibility, gas is currently the only practical long-term option. If Germany is to unlock the greatest benefits from decarbonisation, it must have a clear plan to integrate sustainable fuel. From 2030, all new thermal capacity must run solely on hydrogen.”

Analysis of the last decade demonstrates that the rapid expansion of renewable energy is possible, and that renewables overtook coal and nuclear in generation. Previously, Germany has built large amounts of renewable capacity, including 8GW of solar PV in 2010 and 2011, 5.3 GW of onshore wind in 2017, and 2.5 GW of offshore wind in 2015.

The significant reductions in the cost of electricity demonstrated in the modelling are driven by the fact that renewables are far cheaper to run than coal or gas plants, even as coal still provides about a third of electricity in Germany. The initial capital investment is far outweighed by the ongoing operational expense of fossil fuel-based power.

As well as reducing emissions and costs, Germany’s rapid path to net-zero can also unlock a series of additional benefits. If coal is phased out by 2030 but capacity is not replaced by high levels of renewable energy, Germany risks becoming a significant energy importer, peaking at 162 TWh in 2035. The accelerated pathway would reduce imports by a third.

Likewise, more renewable energy will help to electrify district heating, meaning Germany can move away from carbon-intensive fuels sooner. If Germany follows the accelerated path, 57% of Germany’s heating could be electrified in 2045, compared to 10% under the slower plan.

Jan Andersson concluded: “The opportunities on offer are vast. Germany can provide the blueprint for net zero and galvanise an entire continent. Now is the time for the new government to seize the initiative.”

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