Carmaker Tesla preparing IPO

By Reuters


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U.S. electric sports car maker Tesla Motors plans to go public soon, two sources familiar with the matter said, amid growing interest in green technology and battery-powered vehicles.

An IPO filing from the six-year-old start-up, best known for its $109,000 all-electric Roadster, is expected any day, said one of the sources. The person did not give a specific time frame, although IPOs typically take several months.

Tesla spokesman Ricardo Reyes declined to comment on what he called "rumor or speculation."

Tesla would mark the first public offering from a U.S. automaker since Henry Ford's Ford Motor Co debuted its shares in 1956. The IPO represents a landmark in the resurgence of electric car technology that most carmakers had dismissed as impractical until recently.

The company's chairman Elon Musk said early last year that an IPO was a possibility in either late 2008 or 2009.

But the financial market turmoil following the collapse of Lehman Bros. in the latter half of 2008 virtually shut down the IPO market. The appetite for IPOs has picked up since mid-September this year with a robust pace of new filings.

Tesla's IPO would follow the successful debut of lithium-ion battery maker A123 Systems, whose shares rallied 50 percent on their first day of trading on September 25.

Analysts have said that the success of A123, the first green technology IPO this year, would encourage more venture capital-backed green companies to go public.

Tesla will compete with established automakers like Ford, General Motors and Nissan Motor Co, all of which are racing to launch electric or plug-in hybrid vehicles. Tesla, by contrast, is a small player with a high-end market and limited production.

A combination of factors has driven the recent interest in developing electric, or partially electric vehicles, including the Obama administration's push to have one million rechargeable vehicles on U.S. roads by 2015 and low-cost Department of Energy loans for manufacturers.

The carmaker is developing a second, lower-cost model, an electric sedan known as the Model S, which will have a base price of $49,900.

Tesla said in September it delivered 700 Roadsters since February 2008. The Roadster, which is built on a Lotus frame, can go from zero to sixty miles an hour in less than four seconds, making it faster than a Porsche 911 or a Ferrari Spider.

The electric car start-up was offered $465 million in low-cost loans by the U.S. Department of Energy to help build the new Model S. Tesla said it will build the new car in California.

Tesla's investors include Google Inc founders Sergey Brin and Larry Page.

Other investors include Daimler AG; Abu Dhabi-based Aabar Investments, which owns a stake in Daimler; and venture capital funds Valor Equity Partners, Technology Partners, The Westly Group and Compass Venture Partners.

Tesla said it had achieved overall corporate profitability in July with about $1 million of earnings on revenue of $20 million.

But like established automakers, survival in the hyper-competitive U.S. automotive market has not been easy for Tesla. The company had to face cost overruns and production delays for the Roadster.

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Nova Scotia regulator approves 14% electricity rate hike, defying premier

Nova Scotia Power Rate Increase 2023-2024 approved by the UARB lifts electricity rates 14 percent, citing fuel costs and investments, despite Bill 212; includes ROE 9 percent, decarbonization deferral, and a storm cost recovery rider.

 

Key Points

An approved UARB rate case raising electricity bills about 14% over 2023-2024, with ROE 9% and cost recovery tools.

✅ UARB approves average 6.9% annual increases for 2023 and 2024.

✅ Maintains 9% ROE; sets storm cost rider trial and decarbonization deferral.

✅ Government opposed via Bill 212, but settlement mostly upheld.

 

Nova Scotia regulators approved a 14 per cent electricity rate hike on Thursday, defying calls by Premier Tim Houston to reject the increase.

Rates will rise on average by 6.9 per cent each year in 2023 and 2024.

In Newfoundland and Labrador, the NL Consumer Advocate called an 18 per cent electricity rate hike unacceptable amid affordability concerns.

The Nova Scotia Utility and Review Board (UARB) issued a 203-page decision ratifying most of the elements in a settlement agreement reached between Nova Scotia Power and customer groups after Houston's government legislated a rate, spending and profit cap on the utility in November.

The board said approval was in the public interest and the increase is "reasonable and appropriate."

"The board cannot simply disallow N.S. Power's reasonable costs to make rates more affordable. These principles ensure fair rates and the financial health of a utility so it can continue to invest in the system providing services to its customers," the three-member panel wrote.

"While the board can (and has) disallowed costs found to be imprudent or unreasonable, absent such a finding, N.S. Power's costs must be reflected in the rates."

In addition to the 14 per cent hike, the board maintained Nova Scotia Power's current return on equity of 9 per cent, with an earnings band of 8.75 to 9.25 per cent. It agreed in principle to establish a decarbonization deferral account to pay for the retirement of coal plants and related decommissioning costs, and implemented a storm cost recovery rider for a three-year trial period.

The board rejected several items in the agreement, including rolling some Maritime Link transmission capital projects into consumers' rates.

Nova Scotia Power welcomed the ruling in a statement, describing it as "the culmination of an extensive and transparent regulatory process over the past year."

Natural Resources and Renewables Minister Tory Rushton, who has said the government cannot order lower power rates in Nova Scotia, stated the UARB decision was not what the government wanted, but he did not indicate the government has any plans to bring forward legislation to overturn it. 

"We're disappointed by the decision today. We've always been very clear that we were standing by ratepayers right from the get-go but we also respect the independent body of the UARB and their decision today."


Pressure from the province
Houston claimed the settlement breached his government's legislation, known as Bill 212 in Nova Scotia, which he said was intended to protect ratepayers. It capped rates to cover non-fuel costs by 1.8 per cent. It did not cap rates to cover fuel costs or energy efficiency programs.

Bill 212 was passed after the board concluded weeks of public hearings into Nova Scotia Power's request for an electricity rate increase, its first general rate application in 10 years. Nova Scotia Power is a subsidiary of Halifax-based Emera, which is a publicly traded company.

The legislation triggered credit downgrades from two credit rating agencies who said it compromised the independence of the Nova Scotia Utility and Review Board.

In Newfoundland and Labrador, electricity users have begun paying for Muskrat Falls as project costs flow through rates, highlighting broader pressures on Atlantic Canada utilities.

In its decision, the board accepted that legislation was intended to protect ratepayers but did not preclude increases in rates.

"Given the exclusion of fuel and purchased power costs when these were expected to cause significant upward pressure on rates, it also did not preclude large increases in rates. Instead, the protection afforded by the Public Utilities Act amendments appears to be focused on N.S. Power's non-fuel costs, with several amendments targeting N.S. Power's cost of capital and earnings."

The board noted the province was the only intervenor in the rate case to object to the settlement.


Opposition reaction
Rushton said despite the outcome, Bill 212 achieved its goal, which was to protect ratepayers.

"Without Bill 212 the rates would have actually been higher," he said. "It would have double-digit rates for this year and next year and now it's single digits."

NDP Leader Claudia Chender said the end result is that Nova Scotians are still facing "incredibly unaffordable power."

Similar criticism emerged in Saskatchewan after an 8 per cent SaskPower increase, which the NDP opposed during provincial debates.

"It's really unfortunate for a lot of Nova Scotians who are heading into a freezing weekend where heat is not optional."

Chender said a different legislative approach is needed to change the regulatory system, and more needs to be done to help people pay their electricity bills.

Liberal MLA Kelly Regan echoed that sentiment.

"There are lots of people who can absorb this. There are a lot of people who cannot, and those are the people that we should be worried about right now. This is why we've been saying all along the government needs to actually give money directly to Nova Scotians who need help with power rates."

Rushton said the government has introduced programs to help Nova Scotians pay for heat, including raising the income threshold to access the Heating Assistance Rebate Program and creating incentives to install heat pumps.

Elsewhere, some governments have provided a lump-sum credit on electricity bills to ease short-term costs for households.

 

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USAID Delivers Mobile Gas Turbine Power Plant to Ukraine

USAID GE Mobile Power Plant Ukraine supplies 28MW of emergency power and distributed generation to bolster energy security, grid resilience, and critical infrastructure reliability across cities and regions amid ongoing attacks.

 

Key Points

A 28MW GE gas turbine from USAID providing mobile, distributed power to strengthen Ukraine's grid resilience.

✅ 28MW GE gas turbine; power for 100,000 homes

✅ Mobile deployment to cities and regions as needed

✅ Supports hospitals, schools, and critical infrastructure

 

Deputy U.S. Administrator Isobel Coleman announced during her visit to Kyiv that the U.S. Agency for International Development (USAID) has provided the Government of Ukraine with a mobile gas turbine power plant purchased from General Electric (GE), as discussions of a possible agreement on power plant attacks continue among stakeholders.

The mobile power plant was manufactured in the United States by GE’s Gas Power business and has a total output capacity of approximately 28MW, which is enough to provide the equivalent electricity to at least 100,000 homes. This will help Ukraine increase the supply of electricity to homes, hospitals, schools, critical infrastructure providers, and other institutions, as the country has even resumed electricity exports in recent months. The mobile power plant can be operated in different cities or regions depending on need, strengthening Ukraine’s energy security amid the Russian Federation’s continuing strikes against critical infrastructure.   

Since the February 2022 full-scale invasion of Ukraine, and particularly since October 2022, the Russian Federation has deliberately targeted critical civilian heating, power, and gas infrastructure in an effort to weaponize the winter, raising nuclear risks to grid stability noted by international monitors. Ukraine has demonstrated tremendous resilience in the wake of these attacks, with utility workers routinely risking their lives to repair the damage, often within hours of air strikes, even as Russia builds power lines to reactivate the Zaporizhzhia plant to influence the energy situation.

The collaboration between USAID and GE reflects the U.S. government’s emphasis on engaging American private sector expertise and procuring proven and reliable equipment to meet Ukraine’s needs. Since the start of Putin’s full-scale war against Ukraine, USAID has both directly procured equipment for Ukraine from American companies and engaged the private sector in partnerships to meet Ukraine’s urgent wartime needs, with U.S. policy debates such as a proposal on Ukraine’s nuclear plants drawing scrutiny.

This mobile power plant is the latest example of USAID assistance to Ukraine’s energy sector since the start of the Russian Federation’s full-scale invasion, during which Ukraine has resumed electricity exports as conditions improved. USAID has already delivered more than 1,700 generators to 22 oblasts across Ukraine, with many more on the way. These generators ensure electricity and heating for schools, hospitals, accommodation centers for internally-displaced persons, district heating companies, and water systems if and when power is knocked out by the Russian Federation’s relentless, systematic and cruel attacks against critical civil infrastructure. USAID has invested $55 million in Ukraine’s heating infrastructure to help the Ukrainian people get through winter. This support will benefit up to seven million Ukrainians by supporting repairs and maintenance of pipes and other equipment necessary to deliver heating to homes, hospitals, schools, and businesses across Ukraine. USAID’s assistance builds on over two decades of support to Ukraine to strengthen the country’s energy security, complementing growth in wind power that is harder to destroy.

 

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Canadian nuclear projects bring economic benefits

Ontario Nuclear Refurbishment Economic Impact powers growth as Bruce Power's MCR and OPG's Darlington unit 2 refurbishment drive jobs, supply-chain spending, medical isotopes, clean baseload power, and lower GHG emissions across Ontario and Canada.

 

Key Points

It is the measured gains from Bruce Power's MCR and OPG's Darlington refurbishment in jobs, taxes, and clean energy.

✅ CAD7.6B-10.6B impact in Ontario; CAD8.1B-11.6B nationwide.

✅ Supports 60% nuclear supply, jobs, and medical isotopes.

✅ MCR and Darlington cut GHGs, drive innovation and supply chains.

 

The 13-year Major Component Replacement (MCR) project being undertaken as part of Bruce Power's life-extension programme, which officially began with a reactor taken offline earlier this year, will inject billions of dollars into Ontario's economy, a new report has found. Meanwhile, the major project to refurbish Darlington unit 2 remains on track for completion in 2020, Ontario Power Generation (OPG) has announced.

The Ontario Chamber of Commerce (OCC) said its report, Major Component Replacement Project Economic Impact Analysis, outlines an impartial assessment of the MCR programme and related manufacturing contracts across the supply chain. The report was commissioned by Bruce Power.

"Our analysis shows that Bruce Power's MCR project is a fundamental contributor to the Ontario economy. More broadly, the life-extension of the Bruce Power facility will provide quality jobs for Ontarians, produce a stable supply of medical isotopes for the world's healthcare system, and deliver economic benefit through direct and indirect spending," OCC President and CEO Rocco Rossi said."As Ontario's energy demand grows, nuclear truly is the best option to meet those demands with reduced GHG [greenhouse gas] emissions. The Bruce Power MCR Project will not only drive economic growth in the region, it will position Ontario as a global leader in nuclear innovation and expertise."

According to the OCC's economic analysis, the MCR's economic impact on Ontario is estimated to be between CAD7.6 billion (USD5.6 billion) and CAD10.6 billion. Nationally, its economic impact is estimated to be between CAD8.1 billion and CAD11.6 billion. It estimates that the federal government will receive CAD144 million in excise tax and CAD1.2 billion in income tax, while the provincial government will receive CAD300 million and CAD437 million. Ontario’s municipal governments are estimated to receive a collective CAD192 million in tax.

The nuclear industry currently provides 60% of Ontario’s daily energy supply needs, with Pickering life extension plans bolstering system reliability, and is made up of over 200 companies and more than 60,000 jobs across a diversity of sectors such as operations, manufacturing, skilled trades, healthcare, and research and innovation, the report notes.

Greg Rickford, Ontario's minister of Energy, Northern Development and Mines, and minister of Indigenous Affairs, said continued use of the Bruce generating station which recently set an operating record would create jobs and advance Ontario’s nuclear industrial sector. "It is great to see projects like the MCR that help make Ontario the best place to invest, do business and find a job," he said.

The MCR is part of Bruce Power's overall life-extension programme, which started in January 2016. Bruce 6 will be the first of the six Candu units to undergo an MCR which will take 46 months to complete and give the unit a further 30-35 years of operational life. The total cost of refurbishing Bruce units 3-8 is estimated at about CAD8 billion, in addition to CAD5 billion on other activities under the life-extension programme, which is scheduled for completion by 2053.

 

Darlington milestones

OPG's long-term refurbishment programme at Darlington, alongside SMR plans for the site announced by the province, began with unit 2 in 2016 after years of detailed planning and preparation. Reassembly of the reactor, which was disassembled last year, is scheduled for completion this spring, and the unit 2 refurbishment project remains on track for completion in early 2020. At the same time, final preparations are under way for the start of the refurbishment of unit 3.

"We've entered a critical phase on the project," Senior Vice President of Nuclear Refurbishment Mike Allen said. "OPG and our project partners continue to work as an integrated team to meet our commitments on Unit 2 and our other three reactors at Darlington Nuclear Generating Station."

A 350-tonne generator stator manufactured by GE in Poland is currently in transit to Canada, where it will be installed in Darlington 3's turbine hall as the province also breaks ground on its first SMR this year.

The 10-year Darlington refurbishment is due to be completed in 2026, while the province plans to refurbish Pickering B to extend output beyond that date.

 

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Hydro-Quebec begins talks for $185-billion strategy to wean the province off fossil fuels

Hydro-Québec $185-Billion Clean Energy Plan accelerates hydroelectric upgrades, wind power expansion, solar and battery storage, pumped storage, and 5,000 km transmission lines to decarbonize Quebec, boost grid resilience, and attract bond financing and Indigenous partnerships.

 

Key Points

Plan to grow renewables, harden the grid, and fund Quebec's decarbonization with major investments.

✅ $110B new generation, $50B grid resilience by 2035

✅ Triple wind, add solar, batteries, and pumped storage

✅ 5,000 km lines, bond financing, Indigenous partnerships

 

Hydro-Québec is in the preliminary stages of dialogue with various financiers and potential collaborators to strategize the implementation of a $185-billion initiative aimed at transitioning Quebec away from fossil fuel dependency.

As the leading hydroelectric power producer in Canada, Hydro-Québec is set to allocate up to $110 billion by 2035 towards the development of new clean energy facilities, building on its hydropower capacity expansion in recent years, with an additional $50 billion dedicated to enhancing the resilience of its power grid, as revealed in a strategy announced last November. The remainder of the projected expenditure will cover operational costs.

This ambitious initiative has garnered significant interest from the financial sector, with the province's recent electricity for industrial projects also drawing attention, as noted by CEO Michael Sabia during a conference call with journalists where the utility's annual financial outcomes were discussed. Sabia reported receiving various proposals to fund the initiative, though specific partners were not disclosed. He expressed confidence in securing the necessary capital for the project's success.

Sabia highlighted three immediate strategies to increase power output: identifying new sites for hydroelectric projects while upgrading turbines at existing facilities, such as the Carillon Generating Station upgrade now underway for enhanced efficiency, expanding wind energy production threefold, and promoting energy conservation among consumers to optimize current power usage.

Additionally, Hydro-Québec aims to augment its solar and battery energy production and is planning to establish a pumped-storage hydroelectric plant to support peak demand periods. The utility also intends to construct 5,000 kilometers of new transmission lines, address Quebec-to-U.S. transmission constraints where feasible, and is set to double its capital expenditure to $16 billion annually, a significant increase from the investment levels during the James Bay hydropower project construction in the 1970s and 1980s.

To fund part of this expansive plan, Hydro-Québec will continue to access the bond market, having issued $3.7 billion in notes to investors last year despite facing several operational hurdles due to adverse weather conditions.

For the year 2023, Hydro-Québec reported a net income of $3.3 billion, marking a 28% decrease from the previous year's record of $4.56 billion. Factors such as insufficient snow cover, reduced spring runoff, and higher temperatures resulted in lower water levels in reservoirs, leading to a reduction in power exports and a $547-million decrease in external market sales compared to the previous year.

The utility experienced its lowest export volume in a decade but managed to leverage hedging strategies to secure 10.3 cents per kWh for exported power to markets including New Brunswick via recent NB Power agreements that expand interprovincial deliveries, nearly twice the average market rate, through forward contracts that cover up to half of its export volume for about a year in advance.

The success of Sabia's plan will partly depend on the cooperation of First Nations communities, as the proposed infrastructure developments are likely to traverse their ancestral territories. Relationships with some communities are currently tense, exemplified by the Innu of Labrador's $4-billion lawsuit against Hydro-Québec for damages related to land flooding for reservoir construction, and broader regional tensions in Newfoundland and Labrador that persist in the power sector.

Sabia has committed to involving First Nations and Inuit communities as partners in clean energy ventures, offering them ongoing financial benefits rather than one-off settlements, a principle he refers to as "economic reconciliation."

Recently, the Quebec government reached an agreement with the Innu of Pessamit, pledging $45 million to support local community development. This agreement outlines solutions for managing a nearby hydropower reservoir, such as the La Romaine complex in the region, and includes commitments for wind energy development.

Sabia is optimistic about building stronger, more positive relationships with various Indigenous communities, anticipating significant progress in the coming months and viewing this year as a potential milestone in transforming these relationships for the better.

 

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How utilities are using AI to adapt to electricity demands

AI Load Forecasting for Utilities leverages machine learning, smart meters, and predictive analytics to balance energy demand during COVID-19 disruptions, optimize grid reliability, support demand response, and stabilize rates for residential and commercial customers.

 

Key Points

AI predicts utility demand with ML and smart meters to improve reliability and reduce costs.

✅ Adapts to rapid demand shifts with accurate short term forecasts

✅ Optimizes demand response and distributed energy resources

✅ Reduces outages risk while lowering procurement and operating costs

 

The spread of the novel coronavirus that causes COVID-19 has prompted state and local governments around the U.S. to institute shelter-in-place orders and business closures. As millions suddenly find themselves confined to their homes, the shift has strained not only internet service providers, streaming platforms, and online retailers, but the utilities supplying power to the nation’s electrical grid, which face longer, more frequent outages as well.

U.S. electricity use on March 27, 2020 was 3% lower than it was on March 27, 2019, a loss of about three years of sales growth. Peter Fox-Penner, director of the Boston University Institute for Sustainable Energy, asserted in a recent op-ed that utility revenues will suffer because providers are halting shutoffs and deferring rate increases. Moreover, according to research firm Wood Mackenzie, the rise in household electricity demand won’t offset reduced business electricity demand, mainly because residential demand makes up just 40% of the total demand across North America.

Some utilities are employing AI and machine learning for the energy transition to address the windfalls and fluctuations in energy usage resulting from COVID-19. Precise load forecasting could ensure that operations aren’t interrupted in the coming months, thereby preventing blackouts and brownouts. And they might also bolster the efficiency of utilities’ internal processes, leading to reduced prices and improved service long after the pandemic ends.

Innowatts
Innowatts, a startup developing an automated toolkit for energy monitoring and management, counts several major U.S. utility companies among its customers, including Portland General Electric, Gexa Energy, Avangrid, Arizona Public Service Electric, WGL, and Mega Energy. Its eUtility platform ingests data from over 34 million smart energy meters across 21 million customers in more than 13 regional energy markets, while its machine learning algorithms analyze the data to forecast short- and long-term loads, variances, weather sensitivity, and more.

Beyond these table-stakes predictions, Innowatts helps evaluate the effects of different rate configurations by mapping utilities’ rate structures against disaggregated cost models. It also produces cost curves for each customer that reveal the margin impacts on the wider business, and it validates the yield of products and cost of customer acquisition with models that learn the relationships between marketing efforts and customer behaviors (like real-time load).

Innowwatts told VentureBeat that it observed “dramatic” shifts in energy usage between the first and fourth weeks of March. In the Northeast, “non-essential” retailers like salons, clothing shops, and dry cleaners were using only 35% as much energy toward the end of the month (after shelter-in-place orders were enacted) versus the beginning of the month, while restaurants (excepting pizza chains) were using only 28%. In Texas, conversely, storage facilities were using 142% as much energy in the fourth week compared with the first.

Innowatts says that throughout these usage surges and declines, its clients took advantage of AI-based load forecasting to learn from short-term shocks and make timely adjustments. Within three days of shelter-in-place orders, the company said, its forecasting models were able to learn new consumption patterns and produce accurate forecasts, accounting for real-time changes.

Innowatts CEO Sid Sachdeva believes that if utility companies had not leveraged machine learning models, demand forecasts in mid-March would have seen variances of 10-20%, significantly impacting operations.

“During these turbulent times, AI-based load forecasting gives energy providers the ability to … develop informed, data-driven strategies for future success,” Sachdeva told VentureBeat. “With utilities and energy retailers seeing a once-in-a-lifetime 30%-plus drop in commercial energy consumption, accurate forecasting has never been more important. Without AI tools, utilities would see their forecasts swing wildly, leading to inaccuracies of 20% or more, placing an enormous strain on their operations and ultimately driving up costs for businesses and consumers.”

Autogrid
Autogrid works with over 50 customers in 10 countries — including Energy Australia, Florida Power & Light, and Southern California Edison — to deliver AI-informed power usage insights. Its platform makes 10 million predictions every 10 minutes and optimizes over 50 megawatts of power, which is enough to supply the average suburb.

Flex, the company’s flagship product, predicts and controls tens of thousands of energy resources from millions of customers by ingesting, storing, and managing petabytes of data from trillions of endpoints. Using a combination of data science, machine learning, and network optimization algorithms, Flex models both physics and customer behavior, automatically anticipating and adjusting for supply and demand patterns through virtual power plants that coordinate distributed assets.

Autogrid also offers a fully managed solution for integrating and utilizing end-customer installations of grid batteries and microgrids. Like Flex, it automatically aggregates, forecasts, and optimizes capacity from assets at sub-stations and transformers, reacting to distribution management needs while providing capacity to avoid capital investments in system upgrades.

Autogrid CEO Dr. Amit Narayan told VentureBeat that the COVID-19 crisis has heavily shifted daily power distribution in California, where it’s having a “significant” downward impact on hourly prices in the energy market. He says that Autogrid has also heard from customers about transformer failures in some regions due to overloaded circuits, which he expects will become a problem in heavily residential and saturated load areas during the summer months (as utilities prepare for blackouts across the U.S. when air conditioning usage goes up).

“In California, [as you’ll recall], more than a million residents faced wildfire prevention-related outages in PG&E territory in 2019,” Narayan said, referring to the controversial planned outages orchestrated by Pacific Gas & Electric last summer. “The demand continues to be high in 2020 in spite of the COVID-19 crisis, as residents prepare to keep the lights on and brace for a similar situation this summer. If a 2019 repeat happens again, it will be even more devastating, given the health crisis and difficulty in buying groceries.”

AI making a difference
AI and machine learning isn’t a silver bullet for the power grid — even with predictive tools at their disposal, utilities are beholden to a tumultuous demand curve and to mounting climate risks across the grid. But providers say they see evidence the tools are already helping to prevent the worst of the pandemic’s effects — chiefly by enabling them to better adjust to shifted daily and weekly power load profiles.

“The societal impact [of the pandemic] will continue to be felt — people may continue working remotely instead of going into the office, they may alter their commute times to avoid rush hour crowds, or may look to alternative modes of transportation,” Schneider Electric chief innovation officer Emmanuel Lagarrigue told VentureBeat. “All of this will impact the daily load curve, and that is where AI and automation can help us with maintenance, performance, and diagnostics within our homes, buildings, and in the grid.”

 

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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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