Culver signs bill authorizing franchise fees

By Associated Press


NFPA 70b Training - Electrical Maintenance

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 12 hours Instructor-led
  • Group Training Available
Regular Price:
$699
Coupon Price:
$599
Reserve Your Seat Today
A measure signed into law by Governor Chet Culver has given Iowa cities more flexibility in assessing franchise fees for gas and electric utilities, but they are limited in what they can charge.

Culver signed the measure, capping the amount a city can charge as a franchise fee at 5 percent of customer's bills without regard to costs for operating the utility.

Communities have previously been allowed to charge fees to cover the costs of operating, maintaining and regulating a utility.

The question dates to 2004, when attorney Brad Schroeder filed a lawsuit on behalf of Lisa Kragnes, a single mother and Des Moines resident who questioned why the franchise fee was on her bill. Polk County District Court Judge Michael Huppert ruled in 2006 that the fee was an illegal tax and that city couldn't collect from Kragnes, but the city appealed and the Iowa Supreme Court returned the case back to district court.

The Supreme Court said the city could charge the fee if it can justify the costs with actual expenses.

Schroeder later sought and was granted class certification for all Des Moines residents and businesses since the fee, which appears on MidAmerican energy bills, took effect. The fee brings in about $12.6 million annually.

The city claimed the money helps cover costs required for utilities, but plaintiffs call it an illegal tax that exceeds the city's costs.

A second trial was held in November and both sides are waiting for Polk County District Court Judge Joel Novak to issue his decision.

It wasn't immediately clear what impact the judge's decision could have, but if he rules against Des Moines the city could still face paying millions of dollars in refunds to customers.

Des Moines City Attorney Bruce Bergman said that under the new law, which takes effect immediately, cities can charge up to 5 percent for a franchise fee unrelated to costs of providing the service.

"It sets up a process that is intended to create transparency for the public in regard to the enactment of franchise fees," Bergman said.

He said that before a new franchise fee is enacted or an existing fee amended, cities will be required to notify the public how the revenue that is collected will be spent.

The measure signed by Culver also identifies permissible uses for franchise fee revenues, Bergman said.

"What it does is it restricts the use to services and capital expenditures that are important to Iowans," Bergman said.

That could include disaster mitigation, streets and highways and public safety, he said.

Bergman, who helped craft the legislation, said it also allows cities to use a portion of the funds for low-income energy assistance programs and weatherization programs.

There are now 26 cities in Iowa that charge franchise fees, Bergman said. They range in size from Des Moines to smaller communities, such as Elkader and Lytton.

Schroeder said he is "pleased that there is now a legal mechanism in place to allow cities to charge this tax which the city of Des Moines has been charging illegally for many years.

"We believe the city should have secured this authority before it began charging this tax," he said.

Schroeder said the bill does not affect what has happened in the past and that he anticipates Judge Novak will order a refund to customers. He declined to say how much that could be.

Related News

Stop the Shock campaign seeks to bring back Canadian coal power

Alberta Electricity Price Hikes spotlight grid reliability, renewable transition, coal phase-out, and energy poverty, as policy shifts and investor reports warn of rate increases, biomass trade-offs, and sustainability challenges impacting households and businesses.

 

Key Points

Projected power bill hikes from market reforms, renewables, coal phase-out, and reliability costs in Alberta.

✅ Investor report projects 3x-7x bills and $50B market transition costs

✅ Policy missteps cited in Ontario, Germany, Australia price spikes

✅ Debate: retain coal vs. speed renewables, storage, and grid upgrades

 

Since when did electricity become a scarce resource?

I thought all the talk about greening the grid was about having renewable, sustainable, less polluting options to fulfill our growing need for power. Yet, increasingly, we are faced with news stories that indicate using power is bad in and of itself, even as flat electricity demand worries utilities.

The implication, I guess, is that we should be using less of it. But, I don’t want to use less electricity. I want to be able to watch TV, turn my lights on when the sun sets at 4 p.m. in the winter, keep my food cold and power my devices.

We once had a consensus that a reliable supply of power was essential to a growing economy and a high quality of life, a point underscored by brownout risks in U.S. markets.

I’m beginning to wonder if we still have that consensus.

And more importantly, if our decision makers have determined electricity is a vice as opposed to an essential of life – as debates over Alberta electricity policy suggest – you know what is going to happen next. Prices are going to rise, forcing all of us to use less.

How much would it hurt your bottom line if your electricity bill went up three-fold? How about seven-fold? That is the grim picture that Todd Beasley painted for us on Tuesday’s show.

Last week, he launched a campaign on behalf of Albertans for Sustainable Electricity, called Stop the Shock. He shared the results of an internal investor report that concluded Alberta’s power market overhaul would cost an estimated $50 billion to implement and could result in a three to seven-fold increase in electricity bills.

Now, my typical power bill averages $70 a month. That would be like having it grow to $210 a month, or just over $2,500 a year. If it’s a seven-fold increase that would be more like $5,000 a year. That may be manageable for some families, but I can think of a lot of things I’d rather do with $5,000 than pay more to keep my fridge running so my food doesn’t spoil.

For low-income families that would be a real hardship.

Beasley said Ontario’s inept handling of its electricity market and the phase-out of coal power resulted in price spikes that left more than 70,000 individuals facing energy poverty.

Germany and Australia realized they made the same mistake and are returning some electricity to coal.

Beasley shared a long list of Canadian firms – including our own Canadian Pension Plan – that are investing in coal development around the world. Meanwhile, Canadian governments remain in a mad rush to phase it out here. That’s not the only hypocrisy.

Rupert Darwall, author of Green Tyranny: Exposing the Totalitarian Roots of the Climate Industrial Complex, revealed in a recent column what he calls “the scandal at the heart of the EU’s renewable policies.”

Turns out most of their expansion in renewable energy has come from biomass in the form of wood. Not only does burning wood produce more CO2, it also eliminates carbon sinks.

To meet the EU’s 2030 target would require cutting down trees equivalent to the combined harvest in Canada and the United States. As he puts it, “Whichever way you look at it, burning the world’s carbon sinks to meet the EU’s arbitrary renewable energy targets is environmentally insane.”

Beasley’s group is trying to bring some sanity back to the discussion. The goal should be to move to a greener grid while maintaining abundant, reliable and cheap power, and examples like Texas grid improvements show practical steps. He thinks to achieve all these goals, coal should remain part of the mix. What do you think?

 

Related News

View more

Ukrainians Find New Energy Solutions to Overcome Winter Blackouts

Ukraine Winter Energy Crisis highlights blackouts, damaged grid, and resilient solutions: solar panels, generators, wood stoves, district heating, batteries, and energy efficiency campaigns backed by EU and US aid to support communities through harsh winters.

 

Key Points

A wartime surge of blackouts driving resilient, off-grid and efficiency solutions to keep heat and power flowing.

✅ Solar panels, batteries, and generators stabilize essential loads

✅ Wood stoves and district heating maintain winter warmth

✅ Efficiency upgrades and aid bolster grid resilience

 

As winter sets in across Ukraine, the country faces not only the bitter cold but also the ongoing energy crisis exacerbated by Russia’s invasion. Over the past year, Ukraine has experienced widespread blackouts due to targeted strikes on its power infrastructure. With the harsh winter conditions ahead, Ukrainians are finding innovative ways to adapt to these energy challenges and to keep the lights on this winter despite shortages. From relying on alternative power sources to implementing energy-saving measures, the Ukrainian population is demonstrating resilience in the face of adversity.

The Energy Crisis in Ukraine

Since the onset of the war in February 2022, Ukraine’s energy infrastructure has become a prime target for Russian missile strikes. Power plants, electrical grids, and transmission lines have all been hit, causing significant damage to the nation’s energy systems, as Ukraine fights to keep the lights on amid repeated attacks. As a result, millions of Ukrainians have faced regular power outages, especially in the winter months when energy demand surges due to heating needs.

The situation has been compounded by the difficulty of repairing damaged infrastructure while the war continues. Many areas, particularly in eastern and southern Ukraine, still suffer from limited access to electricity, heating, and water, with strikes in western Ukraine occasionally causing further disruptions. With no end in sight to the conflict, the Ukrainian government and its citizens are being forced to think outside the box to ensure they can survive the harsh winter months.

Alternative Energy Sources: Solar Power and Generators

In response to these energy shortages, many Ukrainians are turning to alternative energy sources, particularly solar power and generators. Solar energy, which has been growing in popularity over the past decade, is seen as a promising solution. Solar panels can be installed on homes, schools, and businesses, providing a renewable source of electricity. During the day, the sun provides much-needed energy to power lights, appliances, and even heating systems in homes. While solar power may not fully replace the energy lost during blackouts, it can significantly reduce dependency on the grid, and recent electricity reserve updates suggest fewer planned outages if attacks abate.

To make solar power more accessible, many local and international organizations are providing solar panels and batteries to Ukrainians. These efforts have been critical, especially in rural areas where access to the national grid may be sporadic or unreliable. Additionally, solar-powered streetlights and community energy hubs are being set up in various cities to provide essential services during prolonged outages.

Generators, too, have become a vital tool for many households. Portable generators allow people to maintain some level of comfort during blackouts, powering essential appliances like refrigerators, stoves, and even small heaters. While generators are not a permanent solution, they offer a crucial lifeline when the grid is down for extended periods.

Wood and Coal Stoves: A Return to the Past

In addition to modern energy solutions, many Ukrainians are returning to more traditional sources of energy, such as wood and coal stoves. These methods of heating, while old-fashioned, are still widely available and effective. With gas shortages affecting the country and electricity supplies often unreliable, wood and coal stoves have become an essential part of daily life for many households.

Firewood is being sourced locally, and many Ukrainians are collecting and stockpiling it in preparation for the colder months. While this reliance on solid fuels presents environmental concerns, it remains one of the most feasible options for families living in rural areas or in homes without access to reliable electricity.

Moreover, some urban areas have seen a revival of district heating systems, where heat is generated centrally and distributed throughout a network of buildings. This system, although not without its challenges, is helping to provide warmth to thousands of people in larger cities like Kyiv and Lviv.

Energy Conservation and Efficiency

Beyond alternative energy sources, many Ukrainians are taking measures to reduce their energy consumption. Energy conservation has become a key strategy in dealing with blackouts, as individuals and families aim to minimize their reliance on the national grid. Simple steps like using energy-efficient appliances, sealing windows and doors to prevent heat loss, and limiting the use of electric heating have all become commonplace.

The Ukrainian government, in collaboration with international partners, has also launched campaigns to encourage energy-saving behaviors. These include public information campaigns on how to reduce energy consumption and initiatives to improve the insulation of homes and buildings. By promoting energy efficiency, Ukraine is not only making the most of its limited resources but also preparing for long-term sustainability.

The Role of the International Community

The international community has played a crucial role in helping Ukraine navigate the energy crisis. Several countries and organizations have provided funding, technology, and expertise to assist Ukraine in repairing its power infrastructure and implementing alternative energy solutions. For example, the United States and the European Union have supplied Ukraine with generators, solar panels, and other renewable energy technologies, though U.S. support for grid restoration has recently ended in some areas of assistance. This support has been vital in ensuring that Ukrainians can meet their energy needs despite the ongoing conflict.

In addition, humanitarian organizations have been working to provide emergency relief, including distributing winter clothing, heaters, and fuel to the most vulnerable populations, and Ukraine helped Spain amid blackouts earlier this year, underscoring reciprocal resilience. The global response has been a testament to the solidarity that exists for Ukraine in its time of need.

As winter arrives, Ukrainians are finding creative and resourceful ways to deal with the ongoing energy crisis caused by the war, reflecting the notion that electricity is civilization on the front lines. While the situation remains difficult, the country's reliance on alternative energy sources, traditional heating methods, and energy conservation measures demonstrates a remarkable level of resilience. With continued support from the international community and a commitment to innovation, Ukraine is determined to overcome the challenges of blackouts and ensure that its people can survive the harsh winter months ahead.

 

Related News

View more

USA: 3 Ways Fossil Energy Ensures U.S. Energy Security

DOE Office of Fossil Energy safeguards energy security via the Strategic Petroleum Reserve, domestic critical minerals from coal byproducts, and carbon capture to curb CO2, strengthening resiliency amid shocks and supporting U.S. manufacturing and defense.

 

Key Points

A DOE program advancing energy security through SPR stewardship, critical minerals R&D, and carbon capture.

✅ Manages the Strategic Petroleum Reserve for emergency crude supply

✅ Develops domestic critical minerals from coal and mining byproducts

✅ Deploys carbon capture, utilization, and storage to cut CO2

 

The global economy has just experienced a period of unique transformation because of COVID-19. The fact that remains constant in this new economic landscape is that our society relies on energy; it’s an integral part of our day-to-day lives, even as U.S. energy use has evolved over time. According to the U.S. Energy Information Administration, approximately 80 percent of energy consumption in the United States comes from fossil fuels, so having access to a secure and reliable supply of those energy resources is more important than ever for national energy security considerations today. Below are three examples that highlight how our work at the U.S. Department of Energy’s Office of Fossil Energy (FE) helps ensure the Nation’s energy security and resiliency.

(1) Open crude oil reserves to respond to crises

FE has overall program responsibility for carrying out the mission of the Strategic Petroleum Reserve (SPR), the world’s largest supply of emergency crude oil. These federally-owned stocks are stored in massive underground salt caverns along the coastline of the Gulf of Mexico. The SPR is a powerful tool U.S. leaders use to respond to a wide range of crises, including energy crisis impacts on electricity and fuels, involving crude oil disruption or demand loss.  When the COVID-19 pandemic hit, the oil markets crashed and crude oil demand dropped drastically across the world. U.S. oil producers turned to the SPR to store their oil while broader energy dominance constraints were becoming evident in practice. This helped alleviate the pressure on producers to shut in oil production and proved to be a critical asset for American energy and national security.

(2) Use the Nation’s abundant coal reserves to produce valuable materials

Critical materials, including rare earth elements, are a group of chemical elements and materials with unique properties that support manufacturing of most modern technologies. They are essential components for critical defense and homeland security applications, green energy technologies, hybrid and electric vehicles, and high-value electronics. While these materials are not rare, they are hard to separate and expensive to extract. The United States relies heavily on imports from China. To reduce U.S. dependence on foreign sources, FE has a research and development program aimed at producing a domestic supply of critical materials from the Nation’s abundant coal resources and associated byproducts from legacy and current mining operations. Many of the technologies being developed can also be used to separate critical minerals from other mining materials and byproducts. Tapping into these resources has the potential to create new industries and revitalize coal communities and the workforce in coal-producing regions.

(3) Decrease carbon emissions for a cleaner energy future

FE is committed to balancing the Nation’s energy use with the need to protect the environment, and has a comprehensive portfolio of technological solutions that help keep carbon dioxide (CO2) emissions out of the atmosphere. For example, amid high natural gas prices that reinforce the case for clean electricity, the Department has been investing in carbon capture, utilization, and storage technologies for over a decade. These technologies capture CO2 emissions from various sources, including coal-fired power plants and manufacturing plants, before they enter the atmosphere. Several of these cutting-edge technologies have been deployed at major demonstration sites, supported by clean energy funding that aims to benefit millions. Three of these projects—Petra Nova, Archer Daniels Midland, and Air Products & Chemicals—have captured and injected over 10.8 million metric tons of CO2. The success of these projects is paving the way toward a cleaner and more sustainable American energy future.

 

Related News

View more

Seattle City Light's Initiative Helps Over 93,000 Customers Reduce Electricity Bills

Seattle City Light Energy Efficiency Programs help 93,000 residents cut bills with rebates, home energy audits, weatherization, conservation workshops, and sustainability tools, reducing electricity use and greenhouse gas emissions across Seattle communities.

 

Key Points

They are utility programs that lower electricity use and bills via rebates, energy audits, and weatherization services.

✅ Rebates for ENERGY STAR appliances and efficient HVAC upgrades

✅ Free audits with tailored recommendations and savings roadmaps

✅ Weatherization aid for low-income households and renters

 

In a noteworthy achievement for both residents and the environment, Seattle City Light has successfully helped more than 93,000 customers reduce their electricity bills through various energy efficiency programs. This initiative not only alleviates financial burdens for many households, amid concerns about pandemic-era shut-offs that heightened energy insecurity, but also aligns with the city’s commitment to sustainability and responsible energy use.

The Drive for Energy Efficiency

Seattle City Light, the city’s publicly owned electric utility, has been at the forefront of promoting energy efficiency among its customers. Recognizing that energy costs can strain household budgets, the utility has developed a range of programs and tracks emerging utility rate designs to help residents lower their energy consumption and, consequently, their bills.

One of the main aspects of this initiative is the emphasis on education and awareness. By providing customers with tools and resources to understand their energy usage, City Light empowers residents to make informed choices that can lead to substantial savings and prepare for power outage events as well.

Key Programs and Services

Seattle City Light offers a variety of programs aimed at reducing energy consumption. Among the most popular are:

  1. Energy Efficiency Rebates: Customers can receive rebates for purchasing energy-efficient appliances, such as refrigerators, washing machines, and HVAC systems. These appliances are designed to consume less electricity than traditional models, resulting in lower energy bills over time.

  2. Home Energy Audits: Free energy audits are available for residential customers. During these audits, trained professionals assess homes for energy efficiency and provide recommendations on improvements. This personalized service allows homeowners to understand specific changes that can lead to savings.

  3. Weatherization Assistance: This program is particularly beneficial for low-income households. By improving insulation, sealing air leaks, and enhancing overall energy efficiency, residents can maintain comfortable indoor temperatures without over-relying on heating and cooling systems.

  4. Community Workshops: Seattle City Light conducts workshops that educate residents about energy conservation strategies. These sessions cover topics such as smart energy use, seasonal tips for reducing consumption, and the benefits of renewable energy sources, highlighting examples of clean energy engagement in other cities.

The Impact on Households

The impact of these initiatives is profound. By assisting over 93,000 customers in lowering their electricity bills, Seattle City Light not only provides immediate financial relief but also encourages a long-term commitment to energy conservation. This collective effort has resulted in significant reductions in overall energy consumption, contributing to a decrease in greenhouse gas emissions—a critical step in the fight against climate change.

Additionally, the programs have been particularly beneficial for low-income households. By targeting these communities, Seattle City Light ensures that the benefits of energy efficiency reach those who need them the most, promoting equity-focused regulation and access to essential resources.

Looking Ahead: Challenges and Opportunities

While the success of these initiatives is commendable, challenges remain. Fluctuating energy prices can still pose difficulties for many households, especially those on fixed incomes, as some utilities explore minimum charges for low-usage customers in their rate structures. Seattle City Light recognizes the need for ongoing support and resources to help residents navigate these financial challenges.

The utility is committed to expanding its programs to reach even more customers in the future. This includes enhancing outreach efforts to ensure that residents are aware of the available resources, even as debates like utility revenue in a free-electricity future shape planning, and potentially forming partnerships with local organizations to broaden the impact of its initiatives.

 

Related News

View more

NEW Hydro One shares down after Ontario government says CEO, board out

Hydro One Leadership Shakeup unsettles investors as Ontario government ousts CEO and board, pressuring shares; analysts cite political and regulatory risk, stock volatility, trimmed price targets, and dividend stability at the regulated utility.

 

Key Points

An abrupt CEO exit and board overhaul at Hydro One, driving share declines and raising political and regulatory risk.

✅ Shares fall as CEO retires and board resigns under provincial pressure.

✅ Analysts cut price targets; warn of political, regulatory risks.

✅ New board to pick CEO; province consults on compensation.

 

Hydro One Ltd. shares slid Thursday with some analysts sounding warnings of greater uncertainty after the new Ontario government announced the retirement of the electrical utility's chief executive and the replacement of its board of directors.

 After sagging by almost eight per cent in early trading on the Toronto Stock Exchange, following news that Q2 profit plunged 23% amid weaker electricity revenue, shares of the company were later down four per cent, or 81 cents, at $19.36 as of 11:42 a.m. ET.

On Wednesday, after stock markets had closed for the day, Ontario Premier Doug Ford announced the immediate retirement of Hydro One CEO Mayo Schmidt. He leaves with a $400,000 payout in lieu of post-retirement benefits and allowances, Hydro One said.

Doug Ford's government forces out Hydro One '$6-million man'

During the recent provincial election campaign, Ford vowed to fire Schmidt, who earned $6.2 million last year and whose salary wouldn't be reduced despite calls to cut electricity costs.

Paul Dobson, Hydro One's chief financial officer, will serve as acting CEO until a new top executive is selected.

Ford also said the entire board of directors of the utility would resign. Hydro One said a new board — four members of which will be nominated by the province — will select the company's next CEO, and the province will be consulted on the next leader's compensation.

A new board is expected to be formed by mid-August.

The provincial government is the largest single investor in Hydro One, holding a 47 per cent stake. The company was partly privatized by the former Liberal government in 2015, while the NDP has proposed to make hydro public again in Ontario to change course.

 

Doug Ford promises to keep Pickering nuclear plant open until 2024

In response to the government's move to supplant the utility's board and CEO, some analysts cautioned investors about too many unknowns in the near-term outlook, citing raised political or regulatory risks.

Analyst Jeremy Rosenfield of iA Securities cut his rating on Hydro One shares to hold from buy, and reduced his 12-month price target for the stock to $24 from $26.

Rosenfield said the stock is still a defensive investment supported by stable earnings and cash flows, good earnings growth and healthy dividend.

However, he said in a research note that "the heightened potential for further political interference in the province's electricity market and regulated utility framework represent key risk factors that are likely to outweigh Hydro One's fundamentals over the near term."

 

Potential challenge to find new CEO

Laurentian Bank Securities analyst Mona Nazir said in a research note that the magnitude of change all at once was "surprising but not shocking."

She said the agreement that will see Hydro One consult with the provincial government on matters involving executive pay could have an impact on the hiring of a new CEO for the utility.

"Given the government's open and public criticism of the company and a potential ceiling on compensation, it may be challenging to attract top talent to the position," she wrote.

Laurentian cut its rating on the Hydro One to hold and reduced its price target to $21 from $24.

Analysts at CIBC World Markets said investors face an uncertain future, noting parallels with debates at Manitoba Hydro over political direction.

"In particular, we are are concerned about the government meddling in with [power] rates," wrote Robert Catellier and Archit Kshetrapal in a research note, adding they believe the new provincial government is aiming for a 12 per cent reduction in customers' power bills.

CIBC reduced its price target on Hydro One's shares to $20.50 from its previous target of $24.

 

Related News

View more

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."

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Live Online & In-person Group Training

Advantages To Instructor-Led Training – Instructor-Led Course, Customized Training, Multiple Locations, Economical, CEU Credits, Course Discounts.

Request For Quotation

Whether you would prefer Live Online or In-Person instruction, our electrical training courses can be tailored to meet your company's specific requirements and delivered to your employees in one location or at various locations.