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Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

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Community Power Tariff UK delivers clean electricity from community energy projects, sourcing renewable energy from local wind and solar farms, with carbon offset gas, transparent provenance, fair pricing, and reinvestment in local generators across Britain.

Key Points

UK energy plan delivering 100% community renewable power with carbon-offset gas, sourced from local wind and solar.

✅ 100% community-generated electricity from UK wind and solar

✅ Fair prices with profits reinvested in local projects

✅ Carbon-offset gas and verified, transparent provenance

UK homes will soon be able to plug into community wind and solar farms from anywhere in the country through the first energy tariff to offer clean electricity exclusively from community projects.

The deal from Co-op Energy comes as green energy suppliers race to prove their sustainability credentials amid rising competition for eco-conscious customers and “greenwashing” in the market.

The energy supplier will charge an extra £5 a month over Co-op’s regular tariff to provide electricity from community energy projects and gas which includes a carbon offset in the price.

Co-op, which is operated by Octopus Energy after it bought the business from the Midcounties Co-operative last year, will source the clean electricity for its new tariff directly from 90 local renewable energy generation projects across the UK, including the Westmill wind and solar farms in Oxfordshire. It plans to use all profits to reinvest in maintaining the community projects and building new ones.

Phil Ponsonby, the chief executive of Midcounties Co-operative, said the tariff is the UK’s only one to be powered by 100% community-generated electricity and would ensure a fair price is paid to community generators too, amid a renewable energy auction boost that supports wider deployment.

Customers on the Community Power tariff will be able to “see exactly where it is being generated at small scale sites across the UK, and, with new rights to sell solar power back to energy firms, they know it is benefiting local communities”, he said.

Co-op, which has about 300,000 customers, has set itself apart from a rising number of energy supply deals which are marked as 100% renewable, but are not as green as they seem, even as many renewable projects are on hold due to grid constraints.

Consumer group Which? has found that many suppliers offer renewable energy tariffs but do not generate renewable electricity themselves or have contracts to buy any renewable electricity directly from generators.

Instead, the “pale green” suppliers exploit a loophole in the energy market by snapping up cheap renewable energy certificates, without necessarily buying energy from renewables projects.

The certificates are issued by the regulator to renewable energy developers for each megawatt generated, but these can be sold separately from the electricity for a fraction of the price.

A survey conducted last year found that one in 10 people believe that a renewables tariff means that the supplier generates at least some of its electricity from its own renewable energy projects.

Ponsonby said the wind and solar schemes that generate electricity for the Community Power tariff “plough the profits they make back into their neighbourhoods or into helping other similar projects get off the ground”.

Greg Jackson, the chief executive of Octopus Energy, said being able to buy locally-sourced clean, green energy is “a massive jump in the right direction” which will help grow the UK’s green electricity capacity nationwide.

“Investing in more local energy infrastructure and getting Britain’s homes run by the sun when it’s shining and wind energy when it’s blowing can end our reliance on dirty fossil fuels sooner than we hoped,” he said.

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U.S. 100% Tariff on Chinese EVs aims to protect domestic manufacturing, counter subsidies, and reshape the EV market, but could raise prices, disrupt supply chains, invite retaliation, and complicate climate policy and trade relations.

Key Points

A 100% import duty on Chinese EVs to boost U.S. manufacturing, counter subsidies, and address supply chain risks.

✅ Protects domestic EV manufacturing and jobs

✅ Counters alleged subsidies and IP concerns

✅ May raise prices, limit choice, trigger retaliation

President Joe Biden's administration recently made headlines with its announcement of a 100% tariff on Chinese electric vehicles (EVs), marking a significant escalation in trade tensions between the two economic powerhouses. The decision, framed as a measure to protect American industries and promote domestic manufacturing, has sparked debates over its potential impact on the EV market, global supply chains, and bilateral relations between the United States and China.

The imposition of a 100% tariff on Chinese-made EVs reflects the Biden administration's broader efforts to revitalize the American automotive industry and promote the transition to electric vehicles as part of its climate agenda and tighter EPA emissions rules that could accelerate adoption. By imposing tariffs on imported EVs, particularly those from China, the administration aims to incentivize domestic production and create jobs in the growing green economy, and to secure critical EV metals through allied supply efforts. Additionally, the tariff is seen as a response to concerns about unfair trade practices, including intellectual property theft and market distortions, allegedly perpetuated by Chinese companies.

However, the announcement has triggered a range of reactions from various stakeholders, with both proponents and critics offering contrasting perspectives on the potential consequences of such a policy. Proponents argue that the tariff will help level the playing field for American automakers, who face stiff competition from Chinese companies benefiting from government subsidies and lower production costs. They contend that promoting domestic manufacturing of EVs will not only create high-quality jobs but also enhance national security by reducing dependence on foreign supply chains at a time when an EV inflection point is approaching.

On the other hand, critics warn that the 100% tariff on Chinese-made EVs could have unintended consequences, including higher prices for consumers, as seen in the UK EV prices and Brexit debate, disruptions to global supply chains, and retaliatory measures from China. Chinese EV manufacturers, such as NIO, BYD, and XPeng, have been gaining momentum in the global market, offering competitive products at relatively affordable prices. The tariff could limit consumer choice at a time when U.S. EV market share dipped in Q1 2024, potentially slowing the adoption of electric vehicles and undermining efforts to combat climate change and reduce greenhouse gas emissions.

Moreover, the tariff announcement comes at a sensitive time for U.S.-China relations, which have been strained by various issues, including trade disputes, human rights concerns, and geopolitical tensions. The imposition of tariffs on Chinese-made EVs could further exacerbate bilateral tensions, potentially leading to retaliatory measures from China and escalating trade frictions. As the world's two largest economies, the United States and China have significant economic interdependencies, and any escalation in trade tensions could have far-reaching implications for global trade and economic stability.

In response to the Biden administration's announcement, Chinese officials have expressed concerns and called for dialogue to resolve trade disputes through negotiation and mutual cooperation. China has also emphasized its commitment to fair trade practices and compliance with international rules and regulations governing trade.

Moving forward, the Biden administration faces the challenge of balancing its domestic priorities with the need to maintain constructive engagement with China and other trading partners, even as EV charging networks scale under its electrification push. While promoting domestic manufacturing and protecting American industries are legitimate policy goals, achieving them without disrupting global trade and undermining diplomatic relations requires careful deliberation and strategic foresight.

In conclusion, President Biden's announcement of a 100% tariff on Chinese-made electric vehicles reflects his administration's commitment to revitalizing American industries and promoting domestic manufacturing. However, the decision has raised concerns about its potential impact on the EV market, global supply chains, and U.S.-China relations. As policymakers navigate these complexities, finding a balance between protecting domestic interests and fostering international cooperation will be crucial to achieving sustainable economic growth and addressing global challenges such as climate change.

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London Electricity Tunnel strengthens grid modernization with high-voltage cabling from major substations, increasing redundancy, efficiency, and resilience while enabling renewable integration, optimized power distribution, and a stable, low-loss electricity supply across the capital.

Key Points

A high-voltage tunnel upgrading London's grid, with capacity, redundancy, and renewable integration for reliable power.

✅ High-voltage cabling from key substations boosts capacity

✅ Redundancy improves reliability during grid faults

✅ Enables renewable integration and lower transmission losses

London’s energy infrastructure has recently taken a significant leap forward with the commissioning of its newest electricity tunnel, and related upgrades like the 2GW substation that bolster transmission capacity, a project that promises to enhance the reliability and efficiency of the city's power distribution. This cutting-edge tunnel is a key component in London’s ongoing efforts to modernize its energy infrastructure, support its growing energy demands, and contribute to its long-term sustainability goals.

The newly activated tunnel is part of a broader initiative to upgrade London's aging power grid, which has faced increasing pressure from the city’s expanding population and its evolving energy needs, paralleling Toronto's electricity planning to accommodate growth. The tunnel is designed to carry high-voltage electricity from major substations to various parts of the city, improving the distribution network's capacity and reliability.

The construction of the tunnel was a major engineering feat, involving the excavation of a vast underground passage that stretches several kilometers beneath the city. The tunnel is equipped with advanced technology and materials to ensure its resilience and efficiency, and is informed by advances such as HVDC technology being explored across Europe for stronger grids. It features state-of-the-art cabling and insulation to handle high-voltage electricity safely and efficiently, minimizing energy losses and improving overall grid performance.

One of the key benefits of the new tunnel is its ability to enhance the reliability of London’s power supply. As the city continues to grow and demand for electricity increases, maintaining a stable and uninterrupted power supply is critical. The tunnel helps address this need by providing additional capacity and creating redundancy in the power distribution network, aligning with national efforts to fast-track grid connections that unlock capacity across the UK.

The tunnel also supports London’s sustainability goals by facilitating the integration of renewable energy sources into the grid. With the increasing use of solar, wind, and other clean energy technologies, including the Scotland-to-England subsea link that will carry renewable power, the power grid needs to be able to accommodate and distribute this energy effectively. The new tunnel is designed to handle the variable nature of renewable energy, allowing for a more flexible and adaptive grid that can better manage fluctuations in supply and demand.

In addition to its technical benefits, the tunnel represents a significant investment in London’s future energy infrastructure, echoing calls to invest in smarter electricity infrastructure across North America and beyond. The project has created jobs and stimulated economic activity during its construction phase, and it will continue to provide long-term benefits by supporting a more efficient and resilient power system. The upgrade is part of a broader strategy to modernize the city’s infrastructure and prepare it for future energy challenges.

The completion of the tunnel also reflects a commitment to addressing the challenges of urban infrastructure development. Building such a major piece of infrastructure in a densely populated city like London requires careful planning and coordination to minimize disruption and ensure safety. The project team worked closely with local communities and businesses to manage the construction process and mitigate any potential impacts.

As London moves forward, the new electricity tunnel will play a crucial role in supporting the city’s energy needs. It will help ensure that power is delivered efficiently and reliably to homes, businesses, and essential services. The tunnel also sets a precedent for future infrastructure projects, demonstrating how advanced engineering and technology can address the demands of modern urban environments.

The successful activation of the tunnel marks a significant milestone in London’s efforts to build a more sustainable and resilient energy system. It represents a forward-thinking approach to managing the city’s energy infrastructure and addressing the challenges posed by population growth, increasing energy demands, and the need for cleaner energy sources.

Looking ahead, London will continue to invest in and upgrade its energy infrastructure to support its ambitious climate goals and ensure a reliable power supply for its residents, a trend mirrored by Toronto's preparations for surging demand as that city continues to grow. The new electricity tunnel is just one example of the city’s commitment to innovation and sustainability in its approach to energy management.

In summary, London’s newest electricity tunnel is a major advancement in the city’s power distribution network. By enhancing reliability, supporting the integration of renewable energy, and investing in long-term infrastructure, the tunnel plays a critical role in addressing the city’s energy needs and sustainability goals. As London continues to evolve, such infrastructure projects will be essential in meeting the demands of a growing metropolis and creating a more resilient and efficient energy system for the future.

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Nunavut electricity rate increase sees QEC raise domestic electricity rates 6.6% over two years, affecting customer rates, base rates, subsidies, and kWh overage charges across communities, with public housing exempt and territory-wide pricing denied.

Key Points

A 6.6% QEC hike over 2018-2019, affecting customer rates, subsidies, and kWh overage; public housing remains exempt.

✅ 3.3% on May 1, 2018; 3.3% on Apr 1, 2019

✅ Subsidy caps: 1,000 kWh Oct-Mar; 700 kWh Apr-Sep

✅ Territory-wide base rate denied; public housing exempt

Ahead of the Nunavut government's approval of the general rate increase for the Qulliq Energy Corporation, many Nunavummiut wondered how the change would impact their electricity bills.

QEC's request for a 6.6-per-cent increase was approved by the government last week. The increase will be spread out over two years, a pattern similar to BC Hydro's two-year rate plan, with the first increase (3.3 per cent) effective May 1, 2018. The remaining 3.3 per cent will be applied on April 1, 2019.

Public housing units, however, are exempt from the government's increase altogether.

The power corporation also asked for a territory-wide rate, so every community would pay the same base rate (we'll go over specific terms in a minute if you're not familiar with them). But that request was denied, even as Manitoba Hydro scaled back increases next year, and QEC will now take the next two years reassessing each community's base rate.

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So, what does this mean for your home's power bill? Well, there's a few things you need to know, which we'll get to in a second.

But in essence, as long as you don't go over the government-subsidized monthly electricity usage limit, you're paying an extra 3.61 cents per kilowatt hour (kWh).

To be clear, we're talking about non-government domestic rates — basically, private homeowners — and those living in a government-owned unit but pay for their own power.

The basics

First, some quick terminology. The "base rate" term we're going to use (and used above) in this story refers to the community rate. As in, what QEC charges customers in every community. The "customer rate" is the rate customers actually pay, after the government's subsidy.

The first thing you need to know is everyone in Nunavut starts off by paying the same customer rate, unlike jurisdictions using a price cap to limit spikes.

That's because the government subsidizes electricity costs, and that subsidy is different in every community, because the base rate is different.

For example, Iqaluit's new base rate after the 3.3 per cent increase (remember, the 6.6 per cent is being applied over two years) is 56.69 cents per kWh, while Kugaaruk's base rate rose to 112.34 cents per kWh. Those, by the way, are the territory's lowest and highest respective base rates.

However, customers in both Iqaluit and Kugaaruk will each now pay 28.35 cents per kWh because, remember, the government subsidizes the base rates in every community.

Now, remember earlier we mentioned a "government-subsidized monthly electricity usage limit?" That's where customers in various communities start to pay different amounts.

As simply as we can explain it, the government will only cover so much electricity usage in a month, in every household.

Between October and March, the government will subsidize the first 1,000 kilowatt hours, and only 700 kilowatt hours from April to September. QEC says the average Nunavut home will use about 500 kilowatt hours every month over the course of a year.

But if your household goes over that limit, you're at the mercy of your community's base rate for any extra electricity you use. Homes in Kugaaruk in December, for instance, will have to pay that 122.34 cents for every extra kilowatt hour it uses, while homes in Iqaluit only have to pay 56.69 cents per kWh for its extra electricity.

That's where many Nunavummiut have criticized the current rate structure, because smaller communities are paying more for their extra costs than larger communities.

QEC had hoped — as it had asked for — to change the structure so every community pays the same base rate. So regardless of if people go over their electricity usage limits for the government subsidy, everyone would pay the same overage rates.

But the government denied that request.

New rate is actually lower

The one thing we should highlight, however, is the new rate after the increase is actually lower than what customers were paying in 2014.

For the past seven months, customers have been getting power from QEC at a discount, whereas Newfoundland customers began paying for Muskrat Falls during the same period, to different effect.

That's because when QEC sets its rates, it does so based on global oil price forecasts. Since 2014, the price of oil worldwide has slumped, and so QEC was able to purchase it at less than it had anticipated.

When that happens, and QEC makes more than $1 million within a six month period thanks to the lower oil prices, it refunds the excess profits back to customers through a discount on electricity base rates — a mechanism similar to a lump-sum credit used elsewhere — the government subsidy, however, doesn't change so the savings are passed on directly to customers.

Now, the 6.6 per cent increase to electricity rates, is actually being applied to the discounted base rate from the last seven months.

So again, while customers are paying more than they have been for the last seven months, it's lower than what they were paying in 2014.

Lastly, to be clear, all the figures used in this story are only for domestic non-government rates. Commercial rates and changes have not been explored in this story, given the differences in subsidy and rate application.

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Pickering Nuclear Plant Extension faces CNSC approval as Ontario Power Generation pursues license renewal before the June 30, 2023 deadline, amid a 2025 capacity crunch and grid reliability risks from decommissioning and overlapping nuclear outages.

Key Points

A plan to run Pickering past 2024 to Sept 2026, pending CNSC license renewal to address Ontario's 2025 capacity gap.

✅ CNSC approval needed for operation beyond Dec 31, 2024

✅ OPG aims to file by June 30, 2023 deadline

✅ Extension targets grid reliability through 2026

Ontario’s electricity generator has yet to file an official application to extend the life of the Pickering nuclear power plant, more than eight months after the Ford government announced a plan to continue operating Pickering for longer.

As the province faces an electricity shortfall in 2025 and beyond, the Ford government scrambled to prolong the Pickering power plant until September 2026, in order to guarantee a steady supply of power as the province experiences a rise in demand and shutdowns at other nuclear power plants.

The life extension may come down to the wire, however, as the Canadian Nuclear Safety Commission (CNSC), the federal regulator tasked with approving or denying the extension, tells Global News the province has yet to file key paperwork.

The information is required for the application, including materials related to the proposed Pickering B refurbishment, and the government now has a month before the deadline runs out.

“The Commission requires that Ontario Power Generation submit specific information by June 30, 2023, if it intends to operate the Pickering Nuclear Generating Station beyond December 31, 2024,” the CNSC told Global News in a statement. “The Commission Registry has not yet received an application from Ontario Power Generation.”

If Ontario doesn’t receive the green light, the power plant which currently is responsible for 14 per cent of the province’s energy grid will be decommissioned in 2025, leaving the province with a significant electricity supply gap if replacement sources are not secured.

For its part, the Ford government doesn’t seem concerned about the impending timeline, even though the station was slated to close as planned, suggesting the Crown corporation responsible for the application will get it in on time.

“OPG is on track to submit their application before the end of June and has already started to submit supporting materials as part of the regulatory process toward clean power goals,” a spokesperson for energy minister Todd Smith said.

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