Flider touts law allowing greater public input

By Knight Ridder Tribune


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A lawmaker believes that people power holds the key to short-circuiting a bid by Ameren's Illinois utilities to raise delivery charges for electricity and natural gas.

State Rep. Bob Flider, D-Mount Zion, says a law he sponsored will give consumers the chance to have their voices heard by the state regulators who will decide whether the utilities get increases worth a combined total of $247 million.

If approved at the full amount, the new rate charges would raise average AmerenIP power bills by 8.5 percent and average gas bills by 11.6 percent.

Speaking at a recent news conference hosted by the Decatur-Macon County Senior Center, Flider touted the law - signed by Gov. Rod Blagojevich in August - that allows the public to address members of the Illinois Commerce Commission face to face.

The commission decides whether to allow the whole increase, part of it or none of it, and its decision isn't expected for at least a year. The commission always has had public comment sessions when considering rate cases, but, previously, the public could not speak directly to commission members. Now they will be able to go to regularly scheduled commission meetings - usually two a month - and vent their feelings.

Flider also wants the commission to hold a "community meeting" in Decatur so people who can't make it to the commission's Springfield offices would have their say. A commission spokeswoman said it would "not be unusual" for the commission to hold public comment hearings in different towns, but those meetings are held by commission representatives, not the commissioners themselves.

Flider also is circulating petitions urging the commission to reject the entire $247 million rate increase. Addressing a 40-strong audience at the news conference, he said now is the time for ordinary people to "step up" and make their voices heard.

"The new law gives you an opportunity to look into the eyes of the Illinois Commerce Commission members and say how the rate increase will affect you," Flider said. "You can tell them you would like them to consider the impact on your household, your community or your business. People are suffering out there; people are having a hard time making ends meet."

Sitting in his audience was Decatur woman Shirley Coburn, who came to listen with husband, Argyl.

She liked the idea of being able to stand up and tell the commission about her strong opposition to the proposed rate hikes - as long she had time to practice a bit, first.

"I do get tongue-tied," said Coburn, 70. "But I'd like to speak about this because people can't afford it; it's hard on people."

Beth Bosch, a spokeswoman for the commission, said meeting rules were changed to allow public participation at commission meetings.

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British Columbians can access more in EV charger rebates

B.C. EV Charging Rebates boost CleanBC incentives as NRCan and ZEVIP funding covers up to 75% of Level 2 and DC fast-charger purchase and installation costs for homes, workplaces, condos, apartments, and fleet operators.

 

Key Points

Incentives in B.C. cover up to 75% of Level 2 and DC fast charger costs for homes, workplaces, and fleets.

✅ Up to 75% back; Level 2 max $5,000; DC fast max $75,000 for fleets.

✅ Eligible sites: homes, workplaces, condos, apartments, fleet depots.

✅ Funded by CleanBC with NRCan ZEVIP; time-limited top-up.

 

The Province and Natural Resources Canada (NRCan) are making it more affordable for people to install electric vehicle (EV) charging stations in their homes, businesses and communities, as EV demand ramps up across the province.

B.C. residents, businesses and municipalities can receive higher rebates for EV charging stations through the CleanBC Go Electric EV Charger Rebate and Fleets programs. For a limited time, funding will cover as much as 75% of eligible purchase and installation costs for EV charging stations, which is an increase from the previous 50% coverage.

“With electric vehicles representing 13% of all new light-duty vehicles sold in B.C. last year, our province has the strongest adoption rate of electric vehicles in Canada. We’re positioning ourselves to become leaders in the EV industry,” said Bruce Ralston, B.C.’s Minister of Energy, Mines and Low Carbon Innovation. “We’re working with our federal partners to increase rebates for home, workplace and fleet charging, and making it easier and more affordable for people to make the switch to electric vehicles.”

With a $2-million investment through NRCan’s Zero-Emission Vehicle Infrastructure Program (ZEVIP) to top up the Province’s EV Charger Rebate program, workplaces, condominiums and apartments can get a rebate for a Level 2 charging station for as much as 75% of purchase and installation costs to a maximum of $5,000. As many as 360 EV chargers will be installed through the program.

“We’re making electric vehicles more affordable and charging more accessible where Canadians live, work and play,” said Jonathan Wilkinson, federal Minister of Natural Resources. “Investing in more EV chargers, like the ones announced today in British Columbia, will put more Canadians in the driver’s seat on the road to a net-zero future and help achieve our climate goals.”

Through the CleanBC Go Electric Fleets program and in support of B.C. businesses that own and operate fleet vehicles, NRCan has invested $1.54 million through ZEVIP to top up rebates. Fleet operators can get combined rebates from NRCan and the Province for a Level 2 charging station as much as 75% to a maximum of $5,000 of purchase and installation costs, and 75% to a maximum of $75,000 for a direct-current, fast-charging station. As many as 450 EV chargers will be installed through the program.

CleanBC is a pathway to a more prosperous, balanced and sustainable future. It supports government’s commitment to climate action to meet B.C.’s emission targets and build a cleaner, stronger economy.

Quick Facts:

  • A direct-current fast charger on the BC Electric Highway allows an EV to get 100-300 kilometres of range from 30 minutes of charging.
  • Faster chargers, which give more range in less time, are coming out every year.
  • A Level 2 charger allows an EV to get approximately 30 kilometres of range per hour of charging.
  • It uses approximately the same voltage as a clothes dryer and is usually installed in homes, workplaces or for fleets to get a faster charge than a regular outlet, or in public places where people might park for a longer time.
  • A key CleanBC action is to strengthen the Zero-Emission Vehicles Act to require light-duty vehicle sales to be 26% zero-emission vehicles (ZEVs) by 2026, 90% by 2030 and 100% by 2035, five years ahead of the original target.
  • At the end of 2021, B.C. had more than 3,000 public EV charging stations and almost 80,000 registered ZEVs.

Learn More:

To learn more about home and workplace EV charging-station rebates, eligibility and application processes, visit: https://goelectricbc.gov.bc.ca/   

To learn more about the Fleets program, visit: https://pluginbc.ca/go-electric-fleets/    

To learn more about Natural Resources Canada’s Zero-Emission Vehicle Infrastructure Program, visit:
https://www.nrcan.gc.ca/energy-efficiency/transportation-alternative-fuels/zero-emission-vehicle-infrastructure-program/21876

 

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The crisis in numbers: How COVID-19 has reshaped Saskatchewan

Saskatchewan COVID-19 economic impact: real-time data shows drops in electricity demand, oil well licensing, traffic and tickets, plus spikes in internet usage, government site visits, remote work, and alcohol wholesale volumes.

 

Key Points

COVID-19 reduced energy use, drilling and traffic, while pushing activity online; jobs, rents and sales show strain.

✅ Electricity demand down 6.7%; residential usage up

✅ Oil well license applications fell 15-fold in April

✅ Internet traffic up 16%-46%; wireless LTE up 34%

 

We’re only just beginning to grasp how COVID-19 has upended Saskatchewan’s economy, its government and all of our lives.

The numbers that usually make headlines — job losses, economic contraction, bankruptcies — are still well behind the pace of the virus and its toll.

But other numbers change more quickly. Saskatchewan people are using less power, and the power industry is adopting on-site staffing plans to ensure reliability as conditions evolve. We’re racking up fewer speeding tickets. And as new restrictions come, we’re clicking onto Saskatchewan.ca as much as 10,000 times per minute.

Here’s some data that provides a first glimpse into how much our province has changed in just six weeks.

Electricity use tends to rise and fall in tandem with the health of the economy, and the most recent data from SaskPower suggests businesses are powering down, while regional utilities such as Manitoba Hydro seek unpaid days off to trim costs.

Peak load requirements between March 15 and April 26 were 220 MW lower than during the same period in 2019, and elsewhere BC Hydro is posting COVID-19 updates at Site C as it manages project impacts. That’s a decrease of 6.7 per cent, with total load on April 29 at 2,551 MW. A megawatt is enough electricity to power about 1,000 homes.

Separate from pandemic impacts, an external investigation at Manitoba Hydro has drawn attention to workplace conduct issues.

But it’s not homes that are turning off the lights. SaskPower spokesman Joel Cherry said commercial and industrial usage is down, while residential demand is up, with household electricity bills rising as more people stay home.

The timing of power demand has also shifted, a pattern seen as residential electricity use rises during work-from-home routines. Peak load would usually come around 8 or 9 p.m. in April. Now it’s coming earlier, typically between 5 and 6 p.m.

Oil well applications fall 15-fold
Oil prices have cratered since late February, and producers in Saskatchewan have reacted by pulling back on drilling plans, while neighbouring Alberta provides transition support for coal workers amid broader energy shifts.

Applications for well licences fell from 242 in January to 203 in February (including nine potash and one helium operations), before dropping to 84 in March. April, the month benchmark oil prices went negative for one day, producers submitted just 15 applications.

That’s 15 times fewer than the 231 applications the Ministry of Energy and Resources received in April 2019.

Well licences are needed for drilling, operating, injecting, producing or exploring an oil and gas or potash well in the province.

There has been no clear trend in well abandonment, however. There were 176 applications for abandonment in March and 155 in April, roughly in line with figures from the year before.

SGI spokesman Tyler McMurchy believes the lower numbers might stem from a combination of lower traffic volumes during part of the month, possibly combined with a shift in police priorities. The March 2020 numbers are also well below January and February figures.

Indeed, the Ministry of Highways and infrastructure reported a 16 per cent decrease in average daily traffic last month compared to March 2019, through its traffic counts at 11 different spots on highways across the province.

In Regina, traffic counts at 16 locations dropped from a high of 2.1 million in the first week of March to a low of 1.3 million during the week of March 22. That’s a 44 per cent decrease.

Counts have gradually recovered to 1.6 million in the weeks since. The data was fairly consistent at all 16 spots, which are largely major intersections, though the city cautioned they may not be representative of Regina as a whole.

Tickets for cellphone use while driving also fell, dropping from 562 in February to 314 in March. McMurchy noted that distracted driving numbers in general have been falling since November as stiffer penalties were announced. Impaired driving tickets were up, by contrast, but still within a typical range.

Internet traffic shoots up 16 per cent, far more for rural high speed
You may be spending a lot more time on Netflix and Facebook in the age of social distancing, and SaskTel has noticed.

From late February to late April, SaskTel has seen “very significant increases in provincial data traffic.” DSL and fibre optic networks have handled a 16 per cent increase in traffic, while demand on the wireless LTE network is up 34 per cent.

Usage on the Fusion network up 46 per cent. That network serves rural areas that don’t have access to other high-speed options.

The specific reference dates for comparison were February 24 and April 27.

“We attribute these changes in data usage to the pandemic and not expected seasonal or yearly shifts in usage patterns,” said spokesman Greg Jacobs.

Saskatchewan.ca was attracting just 70 page views per minute on average in February. But page views jumped over 10,000 per minute at 2:38 p.m. on March 18, as Moe was still announcing the new measures.

That’s a 14,000 per cent increase.

For all of March, visitor sessions on the site clocked in at 3,905,061, almost four times the 944,904 recorded for February.

Bureaucracy has increasingly migrated to cyberspace, with 62 per cent of civil servants now working from home. Government Skype calls, both audio and video, have tripled from 12,000 sessions per day to 35,000.Telephone conference calls increased by a factor of 14 from the first week of February to the second full week of April, with 25 times more weekly call participants. 

The Ministry of Central Services reported a 17 per cent jump in emails received by government over the past two months, excluding the Ministry of Health.

But as civil servants spend more time on their computers, the government’s fleet is spending a lot less time on the road. The ministry has purchased 40 per cent fewer litres of fuel for its vehicles over the past four weeks, compared to the same time last year.

Alcohol wholesale volumes up 22 per cent, then fall back to normal
Retailers bought more alcohol from the Saskatchewan Liquor and Gaming Authority (SLGA) last month, just as the government began tightening pandemic restrictions.

Wholesale sales volumes were up 22 per cent over March 15 to 28, compared to the same period in 2019. SLGA spokesman David Morris said the additional demand “was likely the result of retailers stocking-up as restrictions related to COVID-19 took effect.”

But the jump didn’t last. Wholesale volumes were back to normal for the first two weeks of April. SLGA did notice a very slight uptick last week, however, with volumes out of its distribution centre up three per cent. The numbers do not include Brewer’s Distributors Ltd.

It’s unclear how much more alcohol consumers actually purchased, since province-wide retail numbers were not available.

There was no discernible trend in March for anti-anxiety medication, however. The number of prescriptions filled for benzodiazepines like Valium, Xanax and Ativan see-sawed over March, according to data provided by the College of Physicians and Surgeons, but its associate registrar does not believe the trends are statistically relevant.

One-fifth of tenants miss April rent
About 20 per cent of residential rent went totally unpaid in the first six days of April, according to the Saskatchewan Landlord Association (SLA).

The precise number is 19.7 per cent, but there’s some uncertainty due to the survey method, which is based on responses from 300 residential landlords with 14,000 units. An additional 12 per cent of tenants paid a portion of their rent, but not the full amount. The figures do not include social housing.

Cameron Choquette, the association’s executive officer, partly blames the province’s decision to suspend most landlord tenant board hearings for evictions, saying it “allows more people to take advantage of landlords by not paying their rent and not facing any consequences.”

The government has defended the suspension by saying it’s needed to ensure everyone has a safe place to self-isolate if needed during the pandemic.

March’s jobs numbers were bad, with almost 21,000 fewer Saskatchewan people employed compared to February.

April’s labour force survey is expected on Friday. But new April numbers released Wednesday show that two-thirds of the province’s businesses managed to avoid laying off staff almost entirely.

According to Statistics Canada, 66.2 per cent of businesses reported laying off between zero and one per cent of their employees due to COVID-19. That was better than any other province. Just 7.6 per cent laid off all of their employees, again the best number outside the territories. The survey period was April 3 to 24.

Some businesses are even hiring. Walmart, for instance, has hired 300 people in Saskatchewan since mid-March.

Trade and Export Development Minister Jeremy Harrison chalked the data up to a relatively more optimistic business outlook in Saskatchewan, combined with “very targeted” restrictions and a support program for small and medium businesses.

That support program, which provides $5,000 grants to qualifying businesses affected by government restrictions, has only been around for three weeks. But it’s already been bombarded with 6,317 applications.

The total value of those applications would be $24,178,000, according to Harrison. Of them, 3,586 have been approved with a value of $11,755,000.

Businesses are coming to Harrison’s ministry with thousands of questions. Since it opened in March, the Business Response Team has received 4,125 calls and 1,758 emails.

The kinds of questions have changed over the course of the pandemic. Many are now asking when they can open their doors, according to Harrison, as they wonder about “grey areas” in the Re-Open Saskatchewan plan.

 

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Company Becomes UK's Second-Largest Electricity Operator

Second-Largest UK Grid Operator advancing electricity networks modernization, smart grid deployment, renewable integration, and resilient distribution, leveraging acquisitions, data analytics, and infrastructure upgrades to boost reliability, efficiency, and service quality across regions and energy sector.

 

Key Points

A growing electricity networks operator advancing smart grids, renewable integration, and reliability.

✅ Expanded via acquisitions and regional growth

✅ Investing in smart grid, data analytics, automation

✅ Enhancing reliability, resilience, renewable integration

 

In a significant shift within the UK’s energy sector, a major company has recently ascended to become the second-largest electricity networks operator in the country. This milestone marks a pivotal moment in the industry, reflecting ongoing changes and competitive dynamics in the energy landscape, such as the shift toward an independent system operator in Great Britain. The company's ascent underscores its growing influence and its role in shaping the future of energy distribution across the UK.

The company, whose identity is a result of strategic acquisitions and operational expansions, now holds a substantial position within the electricity networks sector. This new ranking is the result of a series of investments and strategic moves aimed at strengthening its network capabilities and, amid efforts to fast-track grid connections across the UK, expanding its geographical reach. By achieving this status, the company is set to play a crucial role in managing and maintaining the electricity infrastructure that serves millions of households and businesses across the UK.

The rise to the second-largest position follows a period of significant growth and transformation for the company. Recent acquisitions have enabled it to enhance its network infrastructure, integrate advanced technologies, adopting a more digital grid approach, and improve service delivery. These developments come at a time when the UK is undergoing a significant transition in its energy sector, driven by the need for modernization, sustainability, and resilience in response to evolving energy demands.

One of the key factors contributing to the company's new status is its focus on upgrading and expanding its electricity networks. Investments in modernizing infrastructure, such as the commissioning of a 2GW substation to boost capacity, incorporating smart grid technologies, and enhancing operational efficiencies have been central to its strategy. By leveraging cutting-edge technology and data analytics, the company is able to optimize network performance, reduce outages, and improve overall reliability.

The company’s expansion into new regions has also played a crucial role in its growth. By extending its network coverage, including assets like the London electricity tunnel that enhance supply routes, the company has been able to provide electricity to a larger customer base, increasing its market share and influence in the sector. This expansion not only enhances its position as a major player in the industry but also supports the broader goal of ensuring reliable and efficient electricity distribution across the UK.

The shift to becoming the second-largest operator also reflects broader trends in the UK energy sector. The industry is experiencing a period of consolidation and transformation, driven by regulatory changes, technological advancements, and the push towards decarbonization, with similar momentum seen in British Columbia's clean energy shift that underscores global trends. The company’s ascent is indicative of these broader dynamics, as firms adapt to new challenges and opportunities in a rapidly evolving market.

In addition to operational and strategic advancements, the company’s rise is aligned with the UK’s broader energy goals. The government has set ambitious targets for reducing carbon emissions and increasing the use of renewable energy sources. As a major electricity networks operator, the company is positioned to support these goals by integrating renewable energy into the grid, including projects like the Scotland-to-England subsea link that carry remote generation, enhancing energy efficiency, and contributing to the transition towards a low-carbon energy system.

The company’s new status also brings with it a range of responsibilities and opportunities. As one of the largest operators in the sector, it will have a significant role in shaping the future of electricity distribution in the UK. This includes addressing challenges such as grid reliability, energy security, and the integration of emerging technologies. The company’s ability to manage these responsibilities effectively will be crucial in ensuring that it continues to deliver value to customers and stakeholders.

The transition to becoming the second-largest operator is not without its challenges. The company will need to navigate a complex regulatory environment, manage stakeholder expectations, and address any operational issues that may arise from its expanded network. Additionally, the competitive nature of the energy sector means that the company will need to continuously innovate and adapt to maintain its position and drive further growth.

In summary, the company’s achievement of becoming the second-largest electricity networks operator in the UK represents a significant milestone in the energy sector. Through strategic acquisitions, infrastructure investments, and operational enhancements, the company has strengthened its position and expanded its reach. This development highlights the evolving landscape of the UK energy sector and underscores the importance of modernization and innovation in meeting the country’s energy needs. As the company moves forward, it will play a key role in shaping the future of electricity distribution and supporting the UK’s energy transition goals.

 

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ABO to build 10MW Tunisian solar park

ABO Wind Tunisia 10MW Solar Project will build a photovoltaic park in Gabes with a STEG PPA, fixed tariff, 2,500 m grid connection, producing 18 million kWh annually, targeted for 2020 commissioning with local partners.

 

Key Points

A 10MW photovoltaic park in Gabes with a 20-year STEG PPA and fixed tariff, slated for 2020 commissioning.

✅ 18 million kWh/year; 2,500 m grid tie, 20-year fixed tariff

✅ Electricity supplied to STEG under PPA; 2020 commissioning

✅ Located in Gabes; built with local partners, 10MW capacity

 

ABO Wind has received a permit and a tariff for a 10MW photovoltaic project in Tunisia, amid global activity such as Spain's 90MW wind project now underway, which it plans to build and commission in 2020.

The solar park, in the governorate of Gabes, is 400km south of the country’s capital Tunis and aligns with renewable funding initiatives seen across developing markets.

The developer said it plans to build the project next year in close cooperation with local partners, as regional markets from North Africa to the Gulf expand, with Saudi Arabia boosting wind capacity as well.

ABO Wind department head Nicolas Konig said: “The solar park will produce more than 18 million kilowatt hours of electricity per year and will feed it into the grid at a distance of 2500 metres.”

The developer will conclude an electricity supply contract with the state-owned energy supplier (Societe tunisienne de l’electricite et du gaz (STEG), which will provide a fixed remuneration over 20 years, a model echoed by Germany's wind-solar tender for the electricity fed into the grid.

Earlier this year, ABO Wind had already secured a tariff for a wind farm with a capacity of 30MW in a tender, 35km south-east of Tunis, underscoring Tunisia's wind investments under its long-term plan.

The company is working on half a dozen Tunisian wind and solar projects, as institutions like the World Bank support wind growth in developing countries.

“We are making good progress on our way to assemble a portfolio of several ready-to-build wind and solar projects attractive to investors, as Saudi clean energy targets continue to expand globally,” said ABO Wind general manager responsible for international business development Patrik Fischer.

 

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Rolls-Royce expecting UK approval for mini nuclear reactor by mid-2024

Rolls-Royce SMR UK Approval underscores nuclear innovation as regulators review a 470 MW factory-built modular reactor, aiming for grid power by 2029 to boost energy security, cut fossil fuels, and accelerate decarbonization.

 

Key Points

UK regulatory clearance for Rolls-Royce's 470 MW modular reactor, targeting grid power by 2029 to support clean energy.

✅ UK design approval expected by mid 2024

✅ First 470 MW unit aims for grid power by 2029

✅ Modular, factory-built; est. £1.8b per 10-acre site

 

A Rolls-Royce (RR.L) design for a small modular nuclear reactor (SMR) will likely receive UK regulatory approval by mid-2024, reflecting progress seen in the US NRC safety evaluation for NuScale as a regulatory benchmark, and be able to produce grid power by 2029, Paul Stein, chairman of Rolls-Royce Small Modular Reactors.

The British government asked its nuclear regulator to start the approval process in March, in line with the UK's green industrial revolution agenda, having backed Rolls-Royce’s $546 million funding round in November to develop the country’s first SMR reactor.

Policymakers hope SMRs will help cut dependence on fossil fuels and lower carbon emissions, as projects like Ontario's first SMR move ahead in Canada, showing momentum.

Speaking to Reuters in an interview conducted virtually, Stein said the regulatory “process has been kicked off, amid broader moves such as a Canadian SMR initiative to coordinate development, and will likely be complete in the middle of 2024.

“We are trying to work with the UK Government, and others to get going now placing orders, echoing expansions like Darlington SMR plans in Ontario, so we can get power on grid by 2029.”

In the meantime, Rolls-Royce will start manufacturing parts of the design that are most unlikely to change, while advancing partnerships like a MoU with Exelon to support deployment, Stein added.

Each 470 megawatt (MW) SMR unit costs 1.8 billion pounds ($2.34 billion) and would be built on a 10-acre site, the size of around 10 football fields, though projects in New Brunswick SMR debate have prompted questions about costs and timelines.

Unlike traditional reactors, SMRs are cheaper and quicker to build and can also be deployed on ships and aircraft. Their “modular” format means they can be shipped by container from the factory and installed relatively quickly on any proposed site.

 

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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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