Dow Chemical Co said it would begin selling a new rooftop shingle next year that converts sunlight into electricity — and could generate $5 billion in revenue by 2015 for the company.
The new solar shingles can be integrated into rooftops with standard asphalt shingles, Dow said, and will be introduced in 2010 before a wider rollout in 2011.
"We're looking at this one product that could generate $5 billion in revenue by 2015 and $10 billion by 2020," Jane Palmieri, managing director of Dow Solar Solutions, told Reuters in an interview.
The shingle will use thin-film cells of copper indium gallium diselenide (CIGS), a photovoltaic material that typically is more efficient at turning sunlight into electricity than traditional polysilicon cells.
Dow is using CIGS cells that operate at higher than 10 percent efficiency, below the efficiencies for the top polysilicon cells — but would cost 10 to 15 percent less on a per watt basis.
Dow Solar Solutions said it expects "an enthusiastic response" from roofing contractors for the new shingles, since they require no specialized skills or knowledge of solar systems to install.
The new product is the latest advance in "Building Integrated Photovoltaic" (BIPV) systems, in which power-generating systems are built directly into the traditional materials used to construct buildings.
BIPV systems are currently limited mostly to roofing tiles, which operate at lower efficiencies than solar panels and have so far been too expensive to gain wide acceptance.
Dow's shingle will be about 30 to 40 percent cheaper than current BIPV systems.
The Dow shingles can be installed in about 10 hours, compared with 22 to 30 hours for traditional solar panels, reducing the installation costs that make up more than 50 percent of total system prices.
The product will be rolled out in North America through partnerships with home builders such as Lennar Corp and Pulte Homes Inc before marketing is expanded, Palmieri said.
Dow received $20 million in funding from the U.S. Department of Energy to help develop its BIPV products.
The company also produces fluids used in concentrated solar systems, in which sunlight is used to generate heat that produces steam to power a turbine.
In addition, it supplies materials used to help manufacture photovoltaic panels and increase their efficiency.
Dow shares were up 4.4 percent at $24.67 on the New York Stock Exchange in afternoon trading.
ITER Nuclear Fusion advances tokamak magnetic confinement, heating deuterium-tritium plasma with superconducting magnets, targeting net energy gain, tritium breeding, and steam-turbine power, while complementing laser inertial confinement milestones for grid-scale electricity and 2025 startup goals.
Key Points
ITER Nuclear Fusion is a tokamak project confining D-T plasma with magnets to achieve net energy gain and clean power.
✅ Tokamak magnetic confinement with high-temp superconducting coils
✅ Deuterium-tritium fuel cycle with on-site tritium breeding
✅ Targets net energy gain and grid-scale, low-carbon electricity
It sounds like the stuff of dreams: a virtually limitless source of energy that doesn’t produce greenhouse gases or radioactive waste. That’s the promise of nuclear fusion, often described as the holy grail of clean energy by proponents, which for decades has been nothing more than a fantasy due to insurmountable technical challenges. But things are heating up in what has turned into a race to create what amounts to an artificial sun here on Earth, one that can provide power for our kettles, cars and light bulbs.
Today’s nuclear power plants create electricity through nuclear fission, in which atoms are split, with next-gen nuclear power exploring smaller, cheaper, safer designs that remain distinct from fusion. Nuclear fusion however, involves combining atomic nuclei to release energy. It’s the same reaction that’s taking place at the Sun’s core. But overcoming the natural repulsion between atomic nuclei and maintaining the right conditions for fusion to occur isn’t straightforward. And doing so in a way that produces more energy than the reaction consumes has been beyond the grasp of the finest minds in physics for decades.
But perhaps not for much longer. Some major technical challenges have been overcome in the past few years and governments around the world have been pouring money into fusion power research as part of a broader green industrial revolution under way in several regions. There are also over 20 private ventures in the UK, US, Europe, China and Australia vying to be the first to make fusion energy production a reality.
“People are saying, ‘If it really is the ultimate solution, let’s find out whether it works or not,’” says Dr Tim Luce, head of science and operation at the International Thermonuclear Experimental Reactor (ITER), being built in southeast France. ITER is the biggest throw of the fusion dice yet.
Its $22bn (£15.9bn) build cost is being met by the governments of two-thirds of the world’s population, including the EU, the US, China and Russia, at a time when Europe is losing nuclear power and needs energy, and when it’s fired up in 2025 it’ll be the world’s largest fusion reactor. If it works, ITER will transform fusion power from being the stuff of dreams into a viable energy source.
Constructing a nuclear fusion reactor ITER will be a tokamak reactor – thought to be the best hope for fusion power. Inside a tokamak, a gas, often a hydrogen isotope called deuterium, is subjected to intense heat and pressure, forcing electrons out of the atoms. This creates a plasma – a superheated, ionised gas – that has to be contained by intense magnetic fields.
The containment is vital, as no material on Earth could withstand the intense heat (100,000,000°C and above) that the plasma has to reach so that fusion can begin. It’s close to 10 times the heat at the Sun’s core, and temperatures like that are needed in a tokamak because the gravitational pressure within the Sun can’t be recreated.
When atomic nuclei do start to fuse, vast amounts of energy are released. While the experimental reactors currently in operation release that energy as heat, in a fusion reactor power plant, the heat would be used to produce steam that would drive turbines to generate electricity, even as some envision nuclear beyond electricity for industrial heat and fuels.
Tokamaks aren’t the only fusion reactors being tried. Another type of reactor uses lasers to heat and compress a hydrogen fuel to initiate fusion. In August 2021, one such device at the National Ignition Facility, at the Lawrence Livermore National Laboratory in California, generated 1.35 megajoules of energy. This record-breaking figure brings fusion power a step closer to net energy gain, but most hopes are still pinned on tokamak reactors rather than lasers.
In June 2021, China’s Experimental Advanced Superconducting Tokamak (EAST) reactor maintained a plasma for 101 seconds at 120,000,000°C. Before that, the record was 20 seconds. Ultimately, a fusion reactor would need to sustain the plasma indefinitely – or at least for eight-hour ‘pulses’ during periods of peak electricity demand.
A real game-changer for tokamaks has been the magnets used to produce the magnetic field. “We know how to make magnets that generate a very high magnetic field from copper or other kinds of metal, but you would pay a fortune for the electricity. It wouldn’t be a net energy gain from the plant,” says Luce.
One route for nuclear fusion is to use atoms of deuterium and tritium, both isotopes of hydrogen. They fuse under incredible heat and pressure, and the resulting products release energy as heat
The solution is to use high-temperature, superconducting magnets made from superconducting wire, or ‘tape’, that has no electrical resistance. These magnets can create intense magnetic fields and don’t lose energy as heat.
“High temperature superconductivity has been known about for 35 years. But the manufacturing capability to make tape in the lengths that would be required to make a reasonable fusion coil has just recently been developed,” says Luce. One of ITER’s magnets, the central solenoid, will produce a field of 13 tesla – 280,000 times Earth’s magnetic field.
The inner walls of ITER’s vacuum vessel, where the fusion will occur, will be lined with beryllium, a metal that won’t contaminate the plasma much if they touch. At the bottom is the divertor that will keep the temperature inside the reactor under control.
“The heat load on the divertor can be as large as in a rocket nozzle,” says Luce. “Rocket nozzles work because you can get into orbit within minutes and in space it’s really cold.” In a fusion reactor, a divertor would need to withstand this heat indefinitely and at ITER they’ll be testing one made out of tungsten.
Meanwhile, in the US, the National Spherical Torus Experiment – Upgrade (NSTX-U) fusion reactor will be fired up in the autumn of 2022, while efforts in advanced fission such as a mini-reactor design are also progressing. One of its priorities will be to see whether lining the reactor with lithium helps to keep the plasma stable.
Choosing a fuel Instead of just using deuterium as the fusion fuel, ITER will use deuterium mixed with tritium, another hydrogen isotope. The deuterium-tritium blend offers the best chance of getting significantly more power out than is put in. Proponents of fusion power say one reason the technology is safe is that the fuel needs to be constantly fed into the reactor to keep fusion happening, making a runaway reaction impossible.
Deuterium can be extracted from seawater, so there’s a virtually limitless supply of it. But only 20kg of tritium are thought to exist worldwide, so fusion power plants will have to produce it (ITER will develop technology to ‘breed’ tritium). While some radioactive waste will be produced in a fusion plant, it’ll have a lifetime of around 100 years, rather than the thousands of years from fission.
At the time of writing in September, researchers at the Joint European Torus (JET) fusion reactor in Oxfordshire were due to start their deuterium-tritium fusion reactions. “JET will help ITER prepare a choice of machine parameters to optimise the fusion power,” says Dr Joelle Mailloux, one of the scientific programme leaders at JET. These parameters will include finding the best combination of deuterium and tritium, and establishing how the current is increased in the magnets before fusion starts.
The groundwork laid down at JET should accelerate ITER’s efforts to accomplish net energy gain. ITER will produce ‘first plasma’ in December 2025 and be cranked up to full power over the following decade. Its plasma temperature will reach 150,000,000°C and its target is to produce 500 megawatts of fusion power for every 50 megawatts of input heating power.
“If ITER is successful, it’ll eliminate most, if not all, doubts about the science and liberate money for technology development,” says Luce. That technology development will be demonstration fusion power plants that actually produce electricity, where advanced reactors can build on decades of expertise. “ITER is opening the door and saying, yeah, this works – the science is there.”
BC Autonomous Vehicle Ban freezes new driverless testing and deployment as BC develops a regulatory framework, prioritizing safety, liability clarity, and road sharing with pedestrians and cyclists while existing pilot projects continue.
Key Points
A moratorium pausing new driverless testing until a safety-first regulatory framework and clear liability rules exist.
✅ Freezes new AV testing and deployment provincewide
✅ Current pilot shuttles continue under existing approvals
✅ Focus on safety, liability, and road-user integration
British Columbia has halted the expansion of fully autonomous vehicles on its roads. The province has announced it will not approve any new applications for testing or deployment of vehicles that operate without a human driver until it develops a new regulatory framework, even as it expands EV charging across the province.
Safety Concerns and Public Questions
The decision follows concerns about the safety of self-driving vehicles and questions about who would be liable in the event of an accident. The BC government emphasizes the need for robust regulations to ensure that self-driving cars and trucks can safely share the road with traditional vehicles, pedestrians, and cyclists, and to plan for infrastructure and power supply challenges associated with electrified fleets.
"We want to make sure that British Columbians are safe on our roads, and that means putting the proper safety guidelines in place," said Rob Fleming, Minister of Transportation and Infrastructure. "As technology evolves, we're committed to developing a comprehensive framework to address the issues surrounding self-driving technology."
What Does the Ban Mean?
The ban does not affect current pilot projects involving self-driving vehicles that already operate in BC, such as limited shuttle services and segments of the province's Electric Highway that support charging and operations.
Industry Reaction
The response from industry players working on autonomous vehicle technology has been mixed, amid warnings of a potential EV demand bottleneck as adoption ramps up. While some acknowledge the need for clear regulations, others express concern that the ban could stifle innovation in the province.
"We understand the government's desire to ensure safety, but a blanket ban risks putting British Columbia behind in the development of this important technology," says a spokesperson for a self-driving vehicle start-up.
Debate Over Self-Driving Technology
The BC ban highlights a larger debate about the future of autonomous vehicles. While proponents point to potential benefits such as improved safety, reduced traffic congestion, and increased accessibility, and national policies like Canada's EV goals aim to accelerate adoption, critics raise concerns about liability, potential job losses in the transportation sector, and the ability of self-driving technology to handle complex driving situations.
BC Not Alone
British Columbia is not the only jurisdiction grappling with the regulation of self-driving vehicles. Several other provinces and states in both Canada and the U.S. are also working to develop clear legal and regulatory frameworks for this rapidly evolving technology, even as studies suggest B.C. may need to double its power output to fully electrify road transport.
The Road Ahead
The path forward for fully autonomous vehicles in BC depends on the government's ability to create a regulatory framework that balances safety considerations with fostering innovation, and align with clean-fuel investments like the province's hydrogen project to support zero-emission mobility. When and how that framework will materialize remains unclear, leaving the future of self-driving cars in the province temporarily uncertain.
Columbia River Treaty Negotiations involve Canada-U.S. talks on B.C. dams, flood control, hydropower sharing, and downstream benefits, prioritizing ecosystem health, First Nations rights, and salmon restoration while balancing affordable electricity for northwest consumers.
Key Points
Talks to update flood control, hydropower, and ecosystem terms for fair benefits to B.C. and U.S. communities.
✅ Public consultations across B.C.'s Columbia Basin
✅ First Nations priorities include salmon restoration
✅ U.S. seeks cheaper power; B.C. defends downstream benefits
With talks underway between Canada and the U.S. on the future of the Columbia River Treaty, the B.C. New Democrats have launched public consultations in the region most affected by the high-stakes negotiation.
“We want to ensure Columbia basin communities are consulted, kept informed and have their voices heard,” said provincial cabinet minister Katrine Conroy via a press release announcing meetings this month in Castlegar, Golden, Revelstoke, Nakusp, Nelson and other communities.
As well as having cabinet responsibility for the talks, Conroy’s Kootenay West riding includes several places that were inundated under the terms of the 1964 flood control and power generation treaty.
“We will continue to work closely with First Nations affected by the treaty, to ensure Indigenous interests are reflected in the negotiations,” she added by way of consolation to Indigenous people who’ve been excluded from the negotiating teams on both sides of the border.
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The stakes are also significant for the province as a whole. The basics of the treaty saw B.C. build dams to store water on this side of the border, easing the flood risk in the U.S. and allowing the flow to be evened out through the year. In exchange, B.C. was entitled to a share of the additional hydro power that could be generated in dams on the U.S. side.
B.C.’s sale of those downstream benefits to the U.S has poured almost $1.4 billion into provincial coffers over the past 10 years, albeit at a declining rate these days amid scrutiny from a regulator report on BC Hydro that raised concerns, because of depressed prices for cross-border electricity sales.
Politicians on the U.S. side have long sought to reopen the treaty, believing there was now a case for reducing B.C.’s entitlement.
They did not get across the threshold under President Barack Obama.
Then, last fall his successor Donald Trump served notice of intent, initiating the formal negotiations that commenced with a two day session last week in Washington, D.C. The next round is set for mid-August in B.C.
American objectives in the talks include “continued, careful management of flood risk; ensuring a reliable and economical power supply; and better addressing ecosystem concerns,” with recognition of recent BC Hydro demand declines during the pandemic.
“Economical power supply,” being a diplomatic euphemism for “cheaper electricity for consumers in the northwest states,” achievable by clawing back most of B.C.’s treaty entitlement.
On taking office last summer, the NDP inherited a 14-point statement of principles setting out B.C. hopes for negotiations to “continue the treaty” while “seeking improvements within the existing framework” of the 54-year-old agreement.
The New Democrats have endorsed those principles in a spirit of bipartisanship, even as Manitoba Hydro governance disputes play out elsewhere in Canada.
“Those principles were developed with consultation from throughout the region,” as Conroy advised the legislature this spring. “So I was involved, as well, in the process and knew what the issues were, right as they would come up.”
The New Democrats did chose to put additional emphasis on some concerns.
“There is an increase in discussion with Canada and First Nations on the return of salmon to the river,” she advised the house, recalling how construction of the enormous Grand Coulee Dam on the U.S. side in the 1930s wiped out salmon runs on the upper Columbia River.
“There was no consideration then for how incredibly important salmon was, especially to the First Nations people in our region. We have an advisory table that is made up of Indigenous representation from our region, and also we are discussing with Canada that we need to see if there’s feasibility here.”
As to feasibility, the obstacles to salmon migration in the upper reaches of the Columbia include the 168-metre high Grand Coulee and the 72-metre Chief Joseph dams on the U.S. side, plus the Keenleyside (52 metres), Revelstoke (175 metres) and Mica (240 metres) dams on the Canadian side.
Still, says Conroy “the First Nations from Canada and the tribes from the United States, have been working on scientific and technical documents and research to see if, first of all, the salmon can come up, how they can come up, and what the things are that have to be done to ensure that happens.”
The New Democrats also put more emphasis on preserving the ecosystem, aligning with clean-energy efforts with First Nations that support regional sustainability.
“I know that certainly didn’t happen in 1964, but that is something that’s very much on the minds of people in the Columbia basin,” said Conroy. “If we are going to tweak the treaty, what can we do to make sure the voices of the basin are heard and that things that were under no consideration in the ’60s are now a topic for consideration?”
With those new considerations, there’s still the status quo concern of preserving the downstream benefits as a trade off for the flooding and other impacts on this side of the border.
The B.C. position on that score is the same under the New Democrats as it was under the Liberals, despite a B.C. auditor general report on deferred BC Hydro costs.
“The level of benefits to B.C., which is currently solely in the form of the (electricity) entitlement, does not account for the full range of benefits in the U.S. or the impacts in B.C.,” says the statement of principle.
“All downstream U.S. benefits such as flood risk management, hydropower, ecosystems, water supply (including municipal, industrial and agricultural uses), recreation, navigation and other related benefits should be accounted for and such value created should be shared equitably between the two countries.”
No surprise if the Americans do not see it the same way. But that is a topic for another day.
Barakah Unit 4 Cold Hydrostatic Testing validates reactor coolant system integrity at the Barakah Nuclear Energy Plant in Abu Dhabi, UAE, confirming safety, quality, and commissioning readiness under ENEC and KEPCO oversight.
Key Points
Pressure test of Unit 4's reactor coolant system, confirming integrity and safety for commissioning at Barakah.
✅ 25% above normal operating pressure verified.
✅ Welds, joints, and high-pressure components inspected.
The Emirates Nuclear Energy Corporation (ENEC) has successfully completed Cold Hydrostatic Testing (CHT) at Unit 4 of the Barakah Nuclear Energy Plant, the Arab world’s first nuclear energy plant being built in the Al Dhafra region of Abu Dhabi, UAE. The testing incorporated the lessons learned from the previous three units and is a crucial step towards the completion of Unit 4, the final unit of the Barakah plant.
As a part of CHT, the pressure inside Unit 4’s systems was increased to 25 per cent above what will be the normal operating pressure, demonstrating, as seen across global nuclear projects, the quality and robust nature of the Unit’s construction. Prior to the commencement of CHT, Unit 4’s Nuclear Steam Supply Systems were flushed with demineralised water, and the Reactor Pressure Vessel Head and Reactor Coolant Pump Seals were installed. During the Cold Hydrostatic Testing, the welds, joints, pipes and components of the reactor coolant system and associated high-pressure systems were verified.
Mohammed Al Hammadi, Chief Executive Officer of ENEC said: “I am proud of the continued progress being made at Barakah despite the circumstances we have all faced in relation to COVID-19. The UAE leadership’s decisive and proactive response to the pandemic supported us in taking timely, safety-led actions to protect the health and safety of our workforce and our plant. These actions, alongside the efforts of our talented and dedicated workforce, have enabled the successful completion of CHT at Unit 4, which was completed in adherence to the highest standards of safety, quality, and security.
“With this accomplishment, we move another step closer to achieving our goal of supplying up to a quarter of our nation’s electricity needs through the national grid and powering its future growth with safe, reliable, and emissions-free electricity,” he added.
By the end of 2019, ENEC and Korea Electric Power Corporation (KEPCO), working with Korea Hydro & Nuclear Power (KHNP) on the project, had successfully completed all major construction work including major concrete pouring, installation of the Turbine Generator, and the internal components of the Reactor Pressure Vessel (RPV) of Unit 4, which paved the way for the commencement of testing and commissioning.
The testing at Unit 4 represents a significant achievement in the development of the UAE Peaceful Nuclear Energy Program, following the successful completion of fuel assembly loading into Unit 1 in March 2020, confirming that the UAE has officially become a peaceful nuclear energy operating nation. Preparations are now in the final stages for the safe start-up of Unit 1, which subsequently reached 100% power ahead of commercial operations, in the coming months.
ENEC is currently in the final stages of construction of units 2, 3 and 4 of the Barakah Nuclear Energy Plant, as China’s nuclear program continues its steady development globally. The overall construction of the four units is more than 94% complete. Unit 4 is more than 84 per cent, Unit 3 is more than 92 per cent and Unit 2 is more than 95 per cent. The four units at Barakah will generate up to 25 per cent of the UAE’s electricity demand by producing 5,600 MW of clean baseload electricity, as projects such as new reactors in Georgia take shape, and preventing the release of 21 million tons of carbon emissions each year – the equivalent of removing 3.2 million cars off the roads annually.
Kentucky Tornado Recovery details Mayfield damage, death toll, power outages, boil-water advisories, shelter operations, and emergency response across five states, as crews restore infrastructure, locate missing persons, and support displaced families in frigid temperatures.
Key Points
Overview of restoring utilities, repairing infrastructure, and sheltering survivors after Kentucky's tornado disaster.
✅ Power, water, and gas outages persist; boil-water advisories in effect.
✅ Mayfield hardest hit; factory casualties lower than first feared.
✅ Shelter provided in state park lodges; long-term recovery expected.
Residents of Kentucky counties where tornadoes killed several dozen people could be without heat, water or electricity in frigid temperatures for weeks or longer, state officials warned Monday, and experiences abroad like Kyiv's difficult winter underscore the risks as the toll of damage and deaths came into clearer focus in five states slammed by the swarm of twisters.
Authorities are still tallying the devastation from Friday's storms, though they believe the death toll will be lower than initially feared since it appeared many more people escaped a candle factory in Mayfield, Ky., than first thought.
At least 88 people — including 74 in Kentucky — were killed by the tornados which also destroyed a nursing home in Arkansas, heavily damaged an Amazon distribution centre in Illinois and spread their deadly effects into Tennessee and Missouri, while ongoing nuclear worker safety concerns highlighted vulnerabilities across critical facilities. Another 105 people were still unaccounted for in Kentucky as of Monday afternoon, Gov. Andy Beshear said.
As searches continued for those still missing, efforts also turned to repairing the power grid, downed line safety education, sheltering those whose homes were destroyed and delivering drinking water and other supplies.
"We're not going to let any of our families go homeless," Beshear said in announcing that lodges in state parks were being used to provide shelter.
In Bowling Green, Ky., 11 people died on the same street, including two infants found among the bodies of five relatives near a residence, Warren County coroner Kevin Kirby said.
In Mayfield, one of the hardest hit towns, those who survived faced a high around 10 C and a low below freezing Monday without any utilities, and awareness of power strip fire risks is critical as residents turn to makeshift heating and power.
"Our infrastructure is so damaged. We have no running water. Our water tower was lost. Our waste water management was lost, and there's no natural gas to the city. So we have nothing to rely on there," Mayfield Mayor Kathy Stewart O'Nan said on CBS Mornings. "So that is purely survival at this point for so many of our people."
Across the state, about 26,000 homes and businesses were without electricity, according to poweroutage.us, including nearly all of those in Mayfield, and the U.S. grid warning during the pandemic underscored vulnerabilities in critical infrastructure.
More than 10,000 homes and businesses have no water, and another 17,000 are under boil-water advisories, Kentucky Emergency Management Director Michael Dossett told reporters.
Dossett warned that full recovery in the hardest-hit places could take not just months, but years, noting that utilities have at times contemplated on-site staffing to maintain operations during crises.
At least 74 people have been confirmed dead across Kentucky after tornadoes tore through the state, leaving some communities nearly totally destroyed and many residents wondering if they can afford to rebuild. 2:22 "This will go on for years to come," he said.
Amid broader economic strain, recent debates over Kentucky miners' pay highlight ongoing financial vulnerabilities for workers affected by disasters as well.
Authorities are still trying to determine the total number of dead, and the storms made door-to-door searches impossible in some places. "There are no doors," said Beshear.
"We're going to have over 1,000 homes that are gone, just gone," he said.
Beshear had said Sunday morning that the state's toll could exceed 100. But he later said it might be as low as 50.
'Then he was gone' Initially as many as 70 people were feared dead in the candle factory in Mayfield, but the company said Sunday that eight were confirmed dead and eight remained missing, while more than 90 others had been located.
"Many of the employees were gathered in the tornado shelter and after the storm was over they left the plant and went to their homes," said Bob Ferguson, a spokesman for the company. "With the power out and no landline they were hard to reach initially. We're hoping to find more of those eight unaccounted as we try their home residences."
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."
