Power plant concerns analysts

By Knight Ridder Tribune


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Wisconsin Energy Corp.'s construction of a $2.3 billion coal-fired power plant in Oak Creek is on schedule, but the fight over one environmental permit for the project stirred interest from investment analysts.

At issue is the water intake structure in Lake Michigan that would provide water to cool the plant. Environmental groups Clean Wisconsin and Sierra Club - as well as Illinois Attorney General Lisa Madigan - oppose the structure. They say it relies on old technology that would cause more damage to Lake Michigan fish than a modern system requiring cooling towers.

The dispute over the plant was kept alive earlier this year when a federal appeals court threw out an Environmental Protection Agency rule that Wisconsin regulators relied on in approving the water intake structure. Discussion of the project came after Wisconsin Energy announced third-quarter earnings rose 17 percent, boosted by higher collection of fuel costs from its customers, as well as customer growth.

The contested water intake structure led to a series of questions from analysts about whether construction of the coal plants would be delayed if the utility is required to build cooling towers.

"It seems this process has been going on. It seems to be a slight overhang on the stock," said Andrew Levi of Brencourt Advisors in New York City during a company conference call with stock analysts. Wisconsin Energy executives said plant construction would be delayed a year or more if the utility is required to spend $300 million to build cooling towers for the Oak Creek plant. But Chairman Gale Klappa and Executive Vice President Rick Kuester said that isn't likely to happen.

"We feel pretty confident with our argument, and we think the (judge) will see it our way," Kuester said. "If not, we'll take it to appeal." After a hearing last week before administrative law Judge William Coleman, a decision is expected by the end of November, Klappa said. Meanwhile, construction of the $2.3 billion project is 42 percent complete, with construction of the water intake pipe virtually finished, Klappa said.

A new coal-handling facility that would serve both the existing Oak Creek power plant and the new project is almost finished, as well. Company executives say they believe their method of drawing water from Lake Michigan is environmentally more sound than cooling towers because it would draw in less lake water and result in fewer emissions of carbon dioxide, the leading greenhouse gas.

But national environmental groups and the Illinois attorney general have weighed in against the use of so-called once-through cooling systems and in favor of cooling towers, resulting in a legal victory for the environmental group Riverkeeper in a close y watched federal court case earlier this year. Katie Nekola, energy program director at Clean Wisconsin, said her group and others have been raising questions about the legality of the water intake structure since the project was first proposed several years ago.

"Ratepayers shouldn't be on the hook for the cost of the cooling towers if that should prove necessary," she said.

The Milwaukee-based utility holding company reported net income rose to $83 million, or 70 cents a share, from $71 million, or 60 cents a share, a year ago.

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Germany - A needed nuclear option for climate change

Germany Nuclear Debate Amid Energy Crisis highlights nuclear power vs coal and natural gas, renewables and hydropower limits, carbon emissions, energy security, and baseload reliability during Russia-related supply shocks and winter demand.

 

Key Points

Germany Nuclear Debate Amid Energy Crisis weighs reactor extensions vs coal revival to bolster security, curb emissions.

✅ Coal plants restarted; nuclear shutdown stays on schedule.

✅ Energy security prioritized amid Russian gas supply cuts.

✅ Emissions likely rise despite renewables expansion.

 

Peel away the politics and the passion, the doomsaying and the denialism, and climate change largely boils down to this: energy. To avoid the chances of catastrophic climate change while ensuring the world can continue to grow — especially for poor people who live in chronically energy-starved areas — we’ll need to produce ever more energy from sources that emit little or no greenhouse gases.

It’s that simple — and, of course, that complicated.

Zero-carbon sources of renewable energy like wind and solar have seen tremendous increases in capacity and equally impressive decreases in price in recent years, while the decades-old technology of hydropower is still what the International Energy Agency calls the “forgotten giant of low-carbon electricity.”

And then there’s nuclear power. Viewed strictly through the lens of climate change, nuclear power can claim to be a green dream, even as Europe is losing nuclear power just when it really needs energy most.

Unlike coal or natural gas, nuclear plants do not produce direct carbon dioxide emissions when they generate electricity, and over the past 50 years they’ve reduced CO2 emissions by nearly 60 gigatonnes. Unlike solar or wind, nuclear plants aren’t intermittent, and they require significantly less land area per megawatt produced. Unlike hydropower — which has reached its natural limits in many developed countries, including the US — nuclear plants don’t require environmentally intensive dams.

As accidents at Chernobyl and Fukushima have shown, when nuclear power goes wrong, it can go really wrong. But newer plant designs reduce the risk of such catastrophes, which themselves tend to garner far more attention than the steady stream of deaths from climate change and air pollution linked to the normal operation of conventional power plants.

So you might imagine that those who see climate change as an unparalleled existential threat would cheer the development of new nuclear plants and support the extension of nuclear power already in service.

In practice, however, that’s often not the case, as recent events in Germany underline.

When is a Green not green?
The Russian war in Ukraine has made a mess of global energy markets, but perhaps no country has proven more vulnerable than Germany, reigniting debate over a possible resurgence of nuclear energy in Germany among policymakers.

At the start of the year, Russian exports supplied more than half of Germany’s natural gas, along with significant portions of its oil and coal imports. Since the war began, Russia has severely curtailed the flow of gas to Germany, putting the country in a state of acute energy crisis, with fears growing as next winter looms.

With little natural gas supplies of the country’s own, and its heavily supported renewable sector unable to fully make up the shortfall, German leaders faced a dilemma. To maintain enough gas reserves to get the country through the winter, they could try to put off the closure of Germany’s last three remaining nuclear reactors temporarily, which were scheduled to shutter by the end of 2022 as part of Germany’s post-Fukushima turn against nuclear power, and even restart already closed reactors.

Or they could try to reactivate mothballed coal-fired power plants, and make up some of the electricity deficit with Germany’s still-ample coal reserves.

Based on carbon emissions alone, you’d presumably go for the nuclear option. Coal is by far the dirtiest of fossil fuels, responsible for a fifth of all global greenhouse gas emissions — more than any other single source — as well as a soup of conventional air pollutants. Nuclear power produces none of these.

German legislators saw it differently. Last week, the country’s parliament, with the backing of members of the Green Party in the coalition government, passed emergency legislation to reopen coal-powered plants, as well as further measures to boost the production of renewable energy. There would be no effort to restart closed nuclear power plants, or even consider a U-turn on the nuclear phaseout for the last active reactors.

“The gas storage tanks must be full by winter,” Robert Habeck, Germany’s economy minister and a member of the Green Party, said in June, echoing arguments that nuclear would do little to solve the gas issue for the coming winter.

Partially as a result of that prioritization, Germany — which has already seen carbon emissions rise over the past two years, missing its ambitious emissions targets — will emit even more carbon in 2022.

To be fair, restarting closed nuclear power plants is a far more complex undertaking than lighting up old coal plants. Plant operators had only bought enough uranium to make it to the end of 2022, so nuclear fuel supplies are set to run out regardless.

But that’s also the point. Germany, which views itself as a global leader on climate, is grasping at the most carbon-intensive fuel source in part because it made the decision in 2011 to fully turn its back on nuclear for good at the time, enshrining what had been a planned phase-out into law.

 

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Wind has become the ‘most-used’ source of renewable electricity generation in the US

U.S. Wind Generation surpassed hydroelectric output in 2019, EIA data shows, becoming the top renewable electricity source, driven by PTC incentives, expanded capacity, and utility-scale projects across states, boosting the national electricity mix.

 

Key Points

U.S. Wind Generation is the nation's top renewable, surpassing hydro as EIA-tracked capacity grows under PTC incentives.

✅ EIA: wind topped hydro in 2019, over 300M MWh generated

✅ PTC credits spurred growth in utility-scale wind projects

✅ 103 GW installed; 77% added in the last decade

 

Last year saw wind power surging in the U.S. to overtake hydroelectric generation for the first time, according to data from the U.S. Energy Information Administration (EIA).

Released Wednesday, the figures from the EIA’s “Electric Power Monthly” report show that yearly wind generation hit a little over 300 million megawatt hours (MWh) in 2019. This was roughly 26 million MWh more than hydroelectric production.

Wind now represents the “most-used renewable electricity generation source” in the U.S., the EIA said, and renewables hit a 28% monthly record in April in later data.

Overall, total renewable electricity generation — which includes sources such as solar's 4.7% share in 2022 as one example, geothermal and landfill gas — at utility scale facilities hit more than 720 million MWh in 2019, compared to just under 707 million MWh in 2018. To put things in perspective, generation from coal came to more than 966 million MWh in 2019, while renewables surpassed coal in 2022 nationally according to later analyses.

According to the EIA’s “Today in Energy” briefing, which was also published Wednesday, generation from wind power has grown “steadily” across the last decade, and by 2020, renewables became the second-most prevalent source in the U.S. power mix.

This, it added, was partly down to the extension of the Production Tax Credit, or PTC, amid favorable government plans supporting solar and wind growth. According to the EIA, the PTC is a system which gives operators a tax credit per kilowatt hour of renewable electricity production. It applies for the first 10 years of a facility’s operation.

At the end of 2019, the country was home to 103 gigawatts (GW) of wind capacity, with 77% of this being installed in the last decade, and wind capacity surpassed hydro in 2016 according to industry data. The U.S. is home 80 GW of hydroelectric capacity, according to the EIA.

“The past decade saw a steady increase in wind capacity across the country and we capped the decade with a monumental achievement for the industry in reaching more than 100 GW,” Tom Kiernan, the American Wind Energy Association’s CEO, said in a statement issued Thursday.

“And more wind energy is coming, as the industry is well into investing $62 billion in new projects over the next few years that put us on the path to achieving 20 percent of the nation’s electricity mix in 2030,” Kiernan went on to state.

“As a result, wind is positioned to remain the largest renewable energy generator in the country for the foreseeable future.”

 

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UK must start construction of large-scale storage or fail to meet net zero targets.

UK Hydrogen Storage Caverns enable long-duration, low-carbon electricity balancing, storing surplus wind and solar power as green hydrogen in salt formations to enhance grid reliability, energy security, and net zero resilience by 2035 and 2050.

 

Key Points

They are salt caverns storing green hydrogen to balance wind and solar, stabilizing a low-carbon UK grid.

✅ Stores surplus wind and solar as green hydrogen in salt caverns

✅ Enables long-duration, low-carbon grid balancing and security

✅ Complements wind and solar; reduces dependence on flexible CCS

 

The U.K. government must kick-start the construction of large-scale hydrogen storage facilities if it is to meet its pledge that all electricity will come from low-carbon electricity sources by 2035 and reach legally binding net zero targets by 2050, according to a report by the Royal Society.

The report, "Large-scale electricity storage," published Sep. 8, examines a wide variety of ways to store surplus wind and solar generated electricity—including green hydrogen, advanced compressed air energy storage (ACAES), ammonia, and heat—which will be needed when Great Britain's electricity generation is dominated by volatile wind and solar power.

It concludes that large scale electricity storage is essential to mitigate variations in wind and sunshine, particularly long-term variations in the wind, and to keep the nation's lights on. Storing most of the surplus as hydrogen, in salt caverns, would be the cheapest way of doing this.

The report, based on 37 years of weather data, finds that in 2050 up to 100 Terawatt-hours (TWh) of storage will be needed, which would have to be capable of meeting around a quarter of the U.K.'s current annual electricity demand. This would be equivalent to more than 5,000 Dinorwig pumped hydroelectric dams. Storage on this scale, which would require up to 90 clusters of 10 caverns, is not possible with batteries or pumped hydro.

Storage requirements on this scale are not currently foreseen by the government, and the U.K.'s energy transition faces supply delays. Work on constructing these caverns should begin immediately if the government is to have any chance of meeting its net zero targets, the report states.

Sir Chris Llewellyn Smith FRS, lead author of the report, said, "The need for long-term storage has been seriously underestimated. Demand for electricity is expected to double by 2050 with the electrification of heat, transport, and industrial processing, as well as increases in the use of air conditioning, economic growth, and changes in population.

"It will mainly be met by wind and solar generation. They are the cheapest forms of low-carbon electricity generation, but are volatile—wind varies on a decadal timescale, so will have to be complemented by large scale supply from energy storage or other sources."

The only other large-scale low-carbon sources are nuclear power, gas with carbon capture and storage (CCS), and bioenergy without or with CCS (BECCS). While nuclear and gas with CCS are expected to play a role, they are expensive, especially if operated flexibly.

Sir Peter Bruce, vice president of the Royal Society, said, "Ensuring our future electricity supply remains reliable and resilient will be crucial for our future prosperity and well-being. An electricity system with significant wind and solar generation is likely to offer the lowest cost electricity but it is essential to have large-scale energy stores that can be accessed quickly to ensure Great Britain's energy security and sovereignty."

Combining hydrogen with ACAES, or other forms of storage that are more efficient than hydrogen, could lower the average cost of electricity overall, and would lower the required level of wind power and solar supply.

There are currently three hydrogen storage caverns in the U.K., which have been in use since 1972, and the British Geological Survey has identified the geology for ample storage capacity in Cheshire, Wessex and East Yorkshire. Appropriate, novel business models and market structures will be needed to encourage construction of the large number of additional caverns that will be needed, the report says.

Sir Chris observes that, although nuclear, hydro and other sources are likely to play a role, Britain could in principle be powered solely by wind power and solar, supported by hydrogen, and some small-scale storage provided, for example, by batteries, that can respond rapidly and to stabilize the grid. While the cost of electricity would be higher than in the last decade, we anticipate it would be much lower than in 2022, he adds.

 

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Biden administration pushes to revitalize coal communities with clean energy projects

Coal-to-Clean Energy Hubs leverage Bipartisan Infrastructure Law and Inflation Reduction Act funding to repurpose mine lands with microgrids, advanced nuclear, carbon capture, and rare earth processing, boosting energy security, jobs, and grid modernization.

 

Key Points

They are federal projects converting coal communities and mine lands into clean energy hubs, repurposing infrastructure.

✅ DOE demos on mine lands: microgrids, nuclear, carbon capture.

✅ Funding from BIL, CHIPS and IRA targets energy communities.

✅ Rare earths from coal waste bolster EV supply chains.

 

The Biden administration is channeling hundreds of millions of dollars in clean energy funding from recent legislation into its efforts to turn coal communities into clean energy hubs, the White House said.

The administration gave an update on its push across agencies to kick-start projects nationwide with funding Congress approved during Biden’s first two years in office. The effort includes $450 million from the Bipartisan Infrastructure Law that the Department of Energy will allocate to an array of new clean energy demonstration projects on former mine lands.

“These projects could focus on a range of technologies from microgrids to advanced nuclear to power plans with carbon capture,” Energy Secretary Jennifer Granholm said on a call with reporters Monday. “They’ll prove out the potential to reactivate or repurpose existing infrastructure like transmission lines and substations across an aging U.S. power grid, and these projects could spur new economic development in these communities.”

Among the projects the White House highlighted, it said $16 million from the infrastructure law will go to the University of North Dakota and West Virginia University to create design studies for the first-ever full-scale refinery facility in the U.S. that could extract and separate rare earth elements and minerals from coal mine waste streams. The materials are critical for electric vehicle-battery components that are currently heavily sourced from outside the U.S.

“Those efforts will pave the way toward building a first of its kind facility that produces essential materials for solar panels, wind turbines, EVs and more while cleaning up polluted land and water and creating good-paying jobs for local workers,” Granholm said.

Biden created an interagency working group focused on revitalizing coal-power communities through federal investments when he took office. In 2021, the group selected 25 priority areas ranging from West Virginia to Wyoming to focus on development, as high natural gas prices strengthened the case for clean electricity. There are nearly 18,000 identified mine sites across 1.5 million acres in the United States, according to the White House.

The massive effort fits into a broader Biden administration push to both fight climate change and support communities that have lost economic activity during a transition away from fossil fuel sources such as coal. While Biden’s most ambitious clean energy plans fell flat in Congress in the face of opposition from Republicans and some Democrats after the previous administration’s power plant overhaul, three major laws still unlocked funding for his administration to deploy.

Many of the initiatives are made possible through the Bipartisan Infrastructure Law, Chips and Science Act and the Inflation Reduction Act, even without a clean electricity standard on the books. The task force aims to make sure communities most affected by the changing energy landscape are taking maximum advantage of the federal benefits.

“Those new and expanded operations are coming to energy communities and creating good paying jobs,” Biden’s senior advisor for clean energy innovation and implementation John Podesta said on the call. “These laws can provide substantial federal support to energy communities like capping abandoned oil and gas wells, extracting critical minerals, building battery factories and launching demonstration projects in carbon capture or green hydrogen.”

The administration touted the potential benefits of the Inflation Reduction Act, a bill passed by Democrats to spur clean energy investments last year, even as early assessments show mixed results to date. At the time, U.S. consumers were dealing with decades-high inflation fueled in part by an energy crisis and high gas prices that drove debate — a point Republicans emphasized as the plan moved through Congress.

Deputy Treasury Secretary Wally Adeyemo said the Inflation Reduction Act aims to both “lower the deficit, as well as promote our energy security, lowering energy costs for consumers and combatting climate change.”

“As the Treasury works to implement the law, we’re focused on ensuring that all Americans benefit from the growth of the clean energy economy, particularly those who live in communities that have been dependent on the energy sector for job for a long time,” Adeyemo told reporters. “Economic growth and productivity are higher when all communities are able to reach their full potential.”

 

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Melting Glass Experiment Surprises Scientists by Defying a Law of Electricity

Electric Field-Induced Glass Softening reveals a Joule heating anomaly in silicate glass, where anode-side nanoscale alkali depletion drives ionic conduction, localized thermal runaway, melting, and evaporation, challenging homogeneity assumptions and refining materials processing models.

 

Key Points

An effect where electric fields lower glass softening temperature via nanoscale ionic migration and structural change.

✅ Anode-side alkali depletion creates extreme, localized heating

✅ Thermal runaway melts glass near the anode despite uniform bulk

✅ Findings refine Joule heating models and enable new glass processing

 

A team of scientists working with electrical currents and silicate glass have been left gobsmacked after the glass appeared to defy a basic physical law, in a field that also explores electricity-from-air devices for novel energy harvesting.

If you pass an electrical current through a material, the way that current generates heat can be described by Joule's first law. It's been observed time and time again, with the temperature always evenly distributed when the material is homogeneous (or uniform).

But not in this recent experiment. A section - and only a section - of silicate glass became so hot that it melted, and even evaporated. Moreover, it did so at a much lower temperature than the boiling point of the material.

The boiling point of pure silicate glass is 2,230 degrees Celsius (4,046 degrees Fahrenheit). The hottest temperature the researchers recorded in a homogeneous piece of silicate glass during the experiment was 1,868.7 degrees Celsius.

Say whaaaat.

"The calculations did not add up to explain what we were seeing as simply standard Joule heating," said engineer and materials scientist Himanshu Jain of Lehigh University.

"Even under very moderate conditions, we observed fumes of glass that would require thousands of degrees higher temperature than Joule's law could predict!"

Jain and his colleagues from materials science company Corning Incorporated were investigating a phenomenon they had described in a previous paper. In 2015, they reported that an electric field could reduce the temperature at which glass softens, by as much as a few hundred degrees, a line of inquiry that parallels work on low-cost heat-to-electricity materials in energy research. They called this "electric field-induced softening."

 

It was certainly a peculiar phenomenon, so they set up another experiment. They put pieces of glass in a furnace, and applied 100 to 200 volts in the form of both alternating and direct currents.

Next, a thin wisp of vapour emanated from the spot where the anode conveying the current contacted the glass.

"In our experiments, the glass became more than a thousand degrees Celsius hotter near the positive side than in the rest of the glass, which was very surprising considering that the glass was totally homogeneous to begin with," Jain said.

This seems to fly in the face of Joule's first law, so the team investigated more closely - and found that the glass wasn't remaining as homogeneous as it started out. The electric field changed the chemistry and the structure of the glass on nanoscale, in just a small section close to the anode.

This region heats faster than the rest of the glass, to the point of becoming a thermal runaway - where an increase in temperature further increases temperature in a blistering feedback loop.

As it turned out, that spot of structural change and dramatic heat resulted in a small area of glass reaching melting point while the rest of the material remained solid.

"Unlike electronically conducting metals and semiconductors, with time the heating of ionically conducting glass becomes extremely inhomogeneous with the formation of a nanoscale alkali-depletion region, such that the glass melts near the anode, even evaporates, while remaining solid elsewhere," the researchers wrote in their paper.

In other words, the material wasn't homogeneous any more, which means the glass heating experiment doesn't exactly change how we apply Joule's first law.

But it's an exciting result, since until now we didn't know a material could actually lose its homogeneity with the application of an electrical current, with possible implications for thin-film heat harvesters in electronics. (The thing is, no one had tried electrically heating glass to these extreme temperatures before.)

So the physical laws of the Universe are still okay, as a piece of glass hasn't broken them. But Joule's first law may need a bit of tweaking to take this effect into account, a reminder that unconventional energy concepts like nighttime solar cells also challenge our intuitions.

And, of course, it's another piece of understanding that could help us in other ways too, including advances in thermoelectric materials that turn waste heat into electricity.

"Besides demonstrating the need to qualify Joule's law," Jain said, "the results are critical to developing new technology for the fabrication and manufacturing of glass and ceramic materials."

The research has been published in Scientific Reports.

 

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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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