How the media fell for Port Hope nuke tests

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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NYSERDA Offshore Wind Data initiative funds geophysical and geotechnical surveys, seabed and soil studies on New York's shelf to accelerate siting, optimize foundation design, reduce costs, and advance clean energy deployment.

Key Points

State funding to support surveys and soil studies guiding offshore wind siting, design, and cost reduction.

✅ Up to $5.5M for geophysical and geotechnical data collection

✅ Focus on seabed soils, shelf geology, and foundation design inputs

✅ Accelerates siting, reduces risk, and lowers offshore wind costs

The New York State Energy Research and Development Authority (NYSERDA) is investing up to $5.5 million for the collection of geophysical and geotechnical data to determine future offshore wind development sites.

The funding is to look at seabed soil and geological data for the preliminary design and installation requirements for future offshore wind projects. Its part of N.Y. Gov. Andrew Cuomos plan to develop 9,000 megawatts of offshore wind energy by 2035.

Todays announcement is another step in Governor Cuomos steadfast march to achieving 9,000 megawatts of offshore wind by 2035, putting New York in a clear national leadership position when it comes to advancing this new industry through large-scale energy projects across the state. The surveys NYSERDA will be funding under this solicitation will expand the offshore wind industrys access to geophysical and geotechnical data that will provide the foundation for future offshore wind development in these areas, and accelerate project development while driving down costs, NYSERDA President and CEO Alicia Barton said.

NYSERDA will select one or more contractors to do the investigations, while recent DOE wind energy awards support complementary research, and develop a model for describing geophysical and geotechnical conditions. NYSERDA will also select a contractor to support project management and host the data that is collected. The submission deadline is Jan. 21, 2020.

Todays announcement builds on the data collected in a Geotechnical and Geophysical Desktop Study also released today, which includes information on the middle continental shelf off the shore of New York and New Jersey, where BOEM lease requests are shaping activity, creating a regional overview of the seafloor and sub-seafloor environment as it relates to offshore wind development.

Strong knowledge of environmental conditions and factors, including seabed soil conditions, are essential for the installation of offshore projects, such as Long Island proposals, but only a limited amount of soil sampling and testing has been undertaken to date.

The collection of geophysical and geotechnical data from areas off of New Yorks Atlantic coast is yet another demonstration of New Yorks leadership promoting the responsible development of offshore wind. The data generated by this initiative will ultimately lead to better projects, lower cost, and enhanced safety. New York is leading the way to a clean energy future, as the state finalizes renewable project contracts that expand capacity, and relying on data collection and sound science to get us there, New York Offshore Wind Alliance Director Joe Martens said.

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Waste-to-Graphene uses flash joule heating to convert carbon-rich trash into turbostratic graphene for composites, asphalt, concrete, and flexible electronics, delivering scalable, low-cost, high-quality material from food scraps, plastics, and tires with minimal processing.

Key Points

A flash heating method converting waste carbon into turbostratic graphene for scalable, low-cost industrial uses.

✅ Converts food scraps, plastics, and tires into graphene

✅ Produces turbostratic flakes that disperse well in composites

✅ Scalable, low-cost process via flash joule heating

Science doesn’t usually take after fairy tales. But Rumpelstiltskin, the magical imp who spun straw into gold, would be impressed with the latest chemical wizardry. Researchers at Rice University report today in Nature that they can zap virtually any source of solid carbon, from food scraps to old car tires, and turn it into graphene—sheets of carbon atoms prized for applications ranging from high-strength plastic to flexible electronics, and debates over 5G electricity use continue to evolve. Current techniques yield tiny quantities of picture-perfect graphene or up to tons of less prized graphene chunks; the new method already produces grams per day of near-pristine graphene in the lab, and researchers are now scaling it up to kilograms per day.

“This work is pioneering from a scientific and practical standpoint” as it promises to make graphene cheap enough to use to strengthen asphalt or paint, says Ray Baughman, a chemist at the University of Texas, Dallas. “I wish I had thought of it.” The researchers have already founded a new startup company, Universal Matter, to commercialize their waste-to-graphene process, while others are digitizing the electrical system to modernize infrastructure.

With atom-thin sheets of carbon atoms arranged like chicken wire, graphene is stronger than steel, conducts electricity and heat better than copper, and can serve as an impermeable barrier preventing metals from rusting, while advances such as superconducting cables aim to cut grid losses. But since its 2004 discovery, high-quality graphene—either single sheets or just a few stacked layers—has remained expensive to make and purify on an industrial scale. That’s not a problem for making diminutive devices such as high-speed transistors and efficient light-emitting diodes. But current techniques, which make graphene by depositing it from a vapor, are too costly for many high-volume applications. And higher throughput approaches, such as peeling graphene from chunks of the mineral graphite, produce flecks composed of up to 50 graphene layers that are not ideal for most applications.

Graphene comes in many forms. Single sheets, which are ideal for electronics and optics, can be grown using a method called chemical vapor deposition. But it produces only tiny amounts. For large volumes, companies commonly use a technique called liquid exfoliation. They start with chunks of graphite, which is just myriad stacked graphene layers. Then they use acids and solvents, as well as mechanical grinding, to shear off flakes. This approach typically produces tiny platelets each made up of 20 to 50 layers of graphene.

In 2014, James Tour, a chemist at Rice, and his colleagues found they could make a pure form of graphene—each piece just a few layers thick—by zapping a form of amorphous carbon called carbon black with a laser. Brief pulses heated the carbon to more than 3000 kelvins, snapping the bonds between carbon atoms; for comparison, researchers have also generated electricity from falling snow using triboelectric effects. As the cloud of carbon cooled, it coalesced into the most stable structure possible, graphene. But the approach still produced only tiny qualities and required a lot of energy.

Two years ago, Luong Xuan Duy, one of Tour’s graduate students, read that other researchers had created metal nanoparticles by zapping a material with electricity, creating the same brief blast of heat behind the success of the laser graphene approach. “I wondered if I could use that to heat a carbon source and produce graphene,” Duy says. So, he put a dash of carbon black in a clear glass vial and zapped it with 400 volts, similar in spirit to electrical weed zapping approaches in agriculture, for about 200 milliseconds. Initially he got junk. But after a bit of tweaking, he managed to create a bright yellowish white flash, indicating the temperature inside the vial was reaching about 3000 kelvins. Chemical tests revealed he had produced graphene.

It turned out to be a type of graphene that is ideal for bulk uses. As the carbon atoms condense to form graphene, they don’t have time to stack in a regular pattern, as they do in graphite. The result is a material known as turbostatic graphene, with graphene layers jumbled at all angles atop one another. “That’s a good thing,” Duy says. When added to water or other solvents, turbostatic graphene remains suspended instead of clumping up, allowing each fleck of the material to interact with whatever composite it’s added to.

“This will make it a very good material for applications,” says Monica Craciun, a materials physicist at the University of Exeter. In 2018, she and her colleagues reported that adding graphene to concrete more than doubled its compressive strength. Tour’s team saw much the same result. When they added just 0.05% by weight of their flash-produced graphene to concrete, the compressive strength rose 25%; graphene added to polydimethylsiloxane, a common plastic, boosted its strength by 250%.

As digital control spreads across energy networks, research to counter ransomware-driven blackouts is increasingly important for grid resilience.

Those results could reignite efforts to use graphene in a wide range of composites. Researchers in Italy reported recently that adding graphene to asphalt dramatically reduces its tendency to fracture and more than doubles its life span. Last year, Iterchimica, an Italian company, began to test a 250-meter stretch of road in Milan paved with graphene-spiked asphalt. Tests elsewhere have shown that adding graphene to paint dramatically improves corrosion resistance.

These applications would require high-quality graphene by the ton. Fortunately, the starting point for flash graphene could hardly be cheaper or more abundant: Virtually any organic matter, including coffee grounds, food scraps, old tires, and plastic bottles, can be vaporized to make the material. “We’re turning garbage into graphene,” Duy says.

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Renewable Energy Breakthroughs drive quantum dots solar efficiency, Air-gen protein nanowires harvesting humidity, and cellulose membranes for flow batteries, enabling printable photovoltaics, 24/7 clean power, and low-cost grid storage at commercial scale.

Key Points

Advances like quantum dot solar, Air-gen, and cellulose flow battery membranes that improve clean power and storage.

✅ Quantum dots raise solar conversion efficiency, are printable

✅ Air-gen harvests electricity from humidity with protein nanowires

✅ Cellulose membranes cut flow battery costs, aid grid storage

Science never sleeps. The quest to find new and better ways to do things continues in thousands of laboratories around the world. Today, the global economy is based on the use of electricity, and one analysis shows wind and solar potential could meet 80% of US demand, underscoring what is possible. If there was a way to harness all the energy from the sun that falls on the Earth every day, there would be enough of electricity available to meet the needs of every man, woman, and child on the planet with plenty left over. That day is getting closer all the time. Here are three reasons why.

Quantum Dots Make Better Solar Panels
According to Science Daily, researchers at the University of Queensland have set a new world record for the conversion of solar energy to electricity using quantum dots — which pass electrons between one another and generate electrical current when exposed to solar energy in a solar cell device. The solar devices they developed have beaten the existing solar conversion record by 25%.

“Conventional solar technologies use rigid, expensive materials. The new class of quantum dots the university has developed are flexible and printable,” says professor Lianzhou Wang, who leads the research team. “This opens up a huge range of potential applications, including the possibility to use it as a transparent skin to power cars, planes, homes and wearable technology. Eventually it could play a major part in meeting the United Nations’ goal to increase the share of renewable energy in the global energy mix.”

“This new generation of quantum dots is compatible with more affordable and large-scale printable technologies,” he adds. “The near 25% improvement in efficiency we have achieved over the previous world record is important. It is effectively the difference between quantum dot solar cell technology being an exciting prospect and being commercially viable.” The research was published on January 20 in the journal Nature Energy.

Electricity From Thin Air
Science Daily also reports that researchers at UMass Amherst also have interesting news. They claim they created a device called an Air-gen, short for air powered generator. (Note: recently we reported on other research that makes electricity from rainwater.) The device uses protein nanowires created by a microbe called Geobacter. Those nanowires can generate electricity from thin air by tapping the water vapor present naturally in the atmosphere. “We are literally making electricity out of thin air. The Air-gen generates clean energy 24/7. It’s the most amazing and exciting application of protein nanowires yet,” researchers Jun Yao and Derek Lovely say. There work was published February 17 in the journal Nature.

The new technology developed in Yao’s lab is non-polluting, renewable, and low-cost. It can generate power even in areas with extremely low humidity such as the Sahara Desert. It has significant advantages over other forms of renewable energy including solar and wind, Lovley says, because unlike these other renewable energy sources, the Air-gen does not require sunlight or wind, and “it even works indoors,” a point underscored by ongoing grid challenges that slow full renewable adoption.

Yao says, “The ultimate goal is to make large-scale systems. For example, the technology might be incorporated into wall paint that could help power your home. Or, we may develop stand-alone air-powered generators that supply electricity off the grid, and in parallel others are advancing bio-inspired fuel cells that could complement such devices. Once we get to an industrial scale for wire production, I fully expect that we can make large systems that will make a major contribution to sustainable energy production. This is just the beginning of a new era of protein based electronic devices.”

Improved Membranes For Flow Batteries From Cellulose
Storing energy is almost as important to decarbonizing the environment as making it in the first place, with the rise of affordable solar batteries improving integration.  There are dozens if not hundreds of ways to store electricity and they all work to one degree or another. The difference between which ones are commercially viable and ones that are not often comes down to money.

Flow batteries — one approach among many, including fuel cells for renewable storage — use two liquid electrolytes — one positively charged and one negatively charged — separated by a membrane that allows electrons to pass back and forth between them. The problem is, the liquids are highly corrosive. The membranes used today are expensive — more than $1,300 per square meter.

Phys.org reports that Hongli Zhu, an assistant professor of mechanical and industrial engineering at Northeastern University, has successfully created a membrane for use in flow batteries that is made from cellulose and costs just $147.68 per square meter. Reducing the cost of something by 90% is the kind of news that gets people knocking on your door.

The membrane uses nanocrystals derived from cellulose in combination with a polymer known as polyvinylidene fluoride-hexafluoropropylene.  The naturally derived membrane is especially efficient because its cellular structure contains thousands of hydroxyl groups, which involve bonds of hydrogen and oxygen that make it easy for water to be transported in plants and trees.

In flow batteries, that molecular makeup speeds the transport of protons as they flow through the membrane. “For these materials, one of the challenges is that it is difficult to find a polymer that is proton conductive and that is also a material that is very stable in the flowing acid,” Zhu says.

Cellulose can be extracted from natural sources including algae, solid waste, and bacteria. “A lot of material in nature is a composite, and if we disintegrate its components, we can use it to extract cellulose,” Zhu says. “Like waste from our yard, and a lot of solid waste that we don’t always know what to do with.”

Flow batteries can store large amounts of electricity over long periods of time — provided the membrane between the storage tanks doesn’t break down. To store more electricity, simply make the tanks larger, which makes them ideal for grid storage applications where there is often plenty of room to install them. Slashing the cost of the membrane will make them much more attractive to renewable energy developers and help move the clean energy revolution forward.

The Takeaway
The fossil fuel crazies won’t give up easily. They have too much to lose and couldn’t care less if life on Earth ceases to exist for a few million years, just so long as they get to profit from their investments. But they are experiencing a death of a thousand cuts. None of the breakthroughs discussed above will end thermal power generation all by itself, but all of them, together with hundreds more just like them happening every day, every week, and every month, even as we confront clean energy's hidden costs across supply chains, are slowly writing the epitaph for fossil fuels.

And here’s a further note. A person of Chinese ancestry is the leader of all three research efforts reported on above. These are precisely the people being targeted by the United States government at the moment as it ratchets up its war on immigrants and anybody who cannot trace their ancestry to northern Europe. Imagine for a moment what will happen to America when researchers like them depart for countries where they are welcome instead of despised. 

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FERC Transmission Rule accelerates grid modernization and interregional high-voltage lines, enabling renewable energy integration, load balancing, and reliability to advance net-zero goals while strengthening resilience, capacity expansion, and decarbonization across U.S. regional transmission organizations.

Key Points

A federal policy mandating interregional grid planning and cost sharing to expand high-voltage lines for renewables.

✅ Expands interregional high-voltage transmission capacity

✅ Improves reliability, resilience, and load balancing

✅ Aligns cost allocation and long-term planning for renewables

On May 13th, 2024, the US took a monumental step towards its clean energy goals. The Federal Energy Regulatory Commission (FERC) approved a long-awaited rule designed to significantly expand the transmission of renewable energy across the nation's power grid, a US grid overhaul that many advocates say was overdue. This decision aligns with President Biden's ambitious plan to achieve net-zero carbon emissions by 2050, with renewable energy playing a central role.

The new rule tackles a critical bottleneck hindering the widespread adoption of renewables – transmission infrastructure. Unlike traditional power plants like coal or natural gas that run constantly, solar and wind power generation fluctuates with weather conditions. This variability poses a challenge for the existing grid, which is not designed to efficiently handle large-scale integration of these intermittent sources, helping explain why the grid isn't 100% renewable today.

The FERC rule aims to address this by promoting the construction of new, high-voltage transmission lines, particularly those connecting different regions, where grid limitations in the Pacific Northwest have highlighted the need for better interregional transfers. This improved connectivity would allow for a more strategic distribution of renewable energy. Imagine solar energy harnessed in the sun-drenched Southwest being transmitted eastward to meet peak demand during hot summer days on the Atlantic Coast.

The benefits of this expanded transmission network are multifaceted. First, it unlocks the full potential of renewable resources by allowing for their efficient utilization across the country, a trend consistent with wind and solar surpassing coal in U.S. generation. Abundant wind power in the Midwest could be utilized on the West Coast, while surplus solar energy from the South could supplement demand in the Northeast.

Second, a more robust grid with a higher capacity for renewables reduces reliance on fossil fuel-based power plants and complements other ways to meet decarbonization goals across sectors. This translates to cleaner air and a significant reduction in greenhouse gas emissions, contributing to the fight against climate change.

Third, a modernized grid with improved long-distance transmission bolsters the nation's energy security. Extreme weather events, a growing concern due to climate change, can disrupt energy production in specific regions. This interconnected grid would provide a buffer, ensuring a more reliable and resilient power supply and helping put regions on the road to 100% renewables even during adverse weather conditions.

The FERC's decision is a win for environmental groups and the renewable energy industry. They see it as a critical step towards a cleaner energy future and a significant driver of job creation in the construction and maintenance of new transmission lines. However, concerns have been raised by some stakeholders, particularly investor-owned utilities. They worry about the potential cost burden associated with building these expansive new lines, and recent reports of stalled grid spending underscore those concerns and the need for efficient cost allocation mechanisms. Striking a balance between efficiency, affordability, and environmental responsibility will be crucial for the successful implementation of this policy.

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Duke Energy Net Metering Proposal updates rooftop solar compensation with time-of-use rates, lower grid credits, and a minimum charge, aligning payments with electricity demand in North Carolina pending regulators' approval.

Key Points

A plan to swap flat credits for time-of-use rates and a minimum charge for rooftop solar customers in North Carolina.

✅ Time-of-use credits vary by grid demand

✅ $10 minimum use charge plus $14 basic fee

✅ Aims to align solar payouts with actual electricity value

Duke Energy has proposed new rules for how owners of rooftop solar panels are paid for electricity they send to the electric grid. It could mean more complexity and lower payments, but the utility says rates would be fairer.

State legislators have called for changes in the payment rules — known as "net metering" policies that allow households to sell power back to energy firms.

Right now, solar panel owners who produce more electricity than they need get credits on their bills, equal to whatever they pay for electricity. Under the proposed changes, the credit would be lower and would vary according to electricity demand, said Duke spokesperson Randy Wheeless.

"So in a cold winter morning, like now, you would get more, but maybe in a mild spring day, you would get less," Wheeless said Tuesday. "So, it better reflects what the price of electricity is."

Besides setting rates by time of use, solar owners also would have to pay a minimum of $10 a month for electricity, even if they don't use any from the grid. That's on top of Duke's $14 basic charge. Duke said it needs the extra revenue to pay for grid infrastructure to serve solar customers.

The proposal is the result of an agreement between Duke and solar industry groups — the North Carolina Sustainable Energy Association; the Southern Environmental Law Center, which represented Vote Solar and the Southern Alliance for Clean Energy; solar panel maker Sunrun Inc.; and the Solar Energy Industries Association.

The deal is similar to one approved by regulators in South Carolina last year, while in Nova Scotia a solar charge was delayed after controversy.

Daniel Brookshire of the North Carolina Sustainable Energy Association said he hopes the agreement will help the solar industry.

"We reached an agreement here that we think will provide certainty over the next decade, at least, for those interested in pursuing solar for their homes, and for our members who are solar installers," Brookshire said.

But other environmental and consumer groups oppose the changes, amid debates over who pays for grid upgrades elsewhere. Jim Warren with NC WARN said the rules would slow the expansion of rooftop solar in North Carolina.

"It would make it even harder for ordinary people to go solar," Warren said. "This would make it more complicated and more expensive, even for wealthier homeowners."

State regulators still must approve the proposal, even as courts weigh aspects of the electricity monopoly in related solar cases. If state regulators approve it, rates for new net metering customers would take effect Jan. 1, 2023.

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