Outlook from solar companies disappoints investors

By Reuters


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U.S. solar companies SunPower Corp and Akeena Solar Inc posted results that topped Wall Street estimates, but offered little hope the market for the renewable energy source would rebound this year.

The two companies said the solar sector was seeing a slow improvement, but also admitted the industry has yet to overcome the oversupply problems that have driven prices for panels down by about 50 percent in the past 12 months.

"The industry is seeing a much more balanced picture in demand and supply," said SunPower's chief executive, Tom Werner, in an interview.

SunPower, which posted lower net income and trimmed its full-year earnings forecast to the low end of its previous range, said the financing environment for solar projects was improving, and the average selling price fell less than 10 percent during the third quarter.

The company's forecast narrowed in part because some of its large-scale projects have moved into the early part of 2010, Werner said in an interview.

"The good news there is that we're still sold out and we go in with a very strong pipeline into 2010," Werner said, adding that the company is "better positioned" for the first quarter of 2010 than it was for the first quarter in 2009.

Werner also told reporters during a conference call he saw residential demand strengthening in all markets, but still expected average selling prices of panels to weaken in the fourth quarter.

SunPower shares tumbled 13 percent to $29.05 following the results in extended trade after closing at $33.30 on the Nasdaq.

Demand for systems that turn sunlight into electricity has taken a hit because of the global financial crisis and an oversupply of cells and modules caused by a cutback in Spanish subsidies.

Investors are also now fretting over how much and when Germany's government will cut aid to its solar industry, the world's top market.

Werner said SunPower has always prepared for a decline in solar aid in Germany but noted that Germany is a "great market" even with a change in the country's subsidy.

MEMC Electronic Materials Inc, which produces silicon wafers that are a key component in solar cells, swung to a larger-than-expected quarterly loss but said it saw sequential increase in demand.

MEMC said it expected nearly flat revenues during the fourth quarter as compared to the third — an outlook executives at the company said was conservative given the uncertainty over pricing.

The company's shares fell nearly 2 percent in after-market trading on the New York Stock Exchange.

MEMC also announced it plans to acquire privately held SunEdison, which designs, installs and finances solar systems for commercial customers.

Smaller solar power systems maker Akeena Solar Inc posted a narrower-than-expected third-quarter loss as it took advantage of lower panel prices and cheaper installation costs.

But shares of the company closed down nearly 2 percent after it said that installation results in the fourth quarter would likely be similar to those in the third quarter.

Akeena said net sales for the quarter fell 27 percent to $7.7 million, reflecting decline in commercial revenue due to the tight credit market and overall economic conditions.

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How to Get Solar Power on a Rainy Day? Beam It From Space

Space solar power promises wireless energy from orbital solar satellites via microwave or laser power beaming, using photovoltaics and rectennas. NRL and AFRL advances hint at 24-7 renewable power delivery to Earth and airborne drones.

 

Key Points

Space solar power beams orbital solar energy to Earth via microwaves or lasers, enabling continuous wireless electricity.

✅ Harvests sunlight in orbit and transmits via microwaves or lasers

✅ Provides 24-7 renewable power, independent of weather or night

✅ Enables wireless power for remote sites, grids, and drones

 

Earlier this year, a small group of spectators gathered in David Taylor Model Basin, the Navy’s cavernous indoor wave pool in Maryland, to watch something they couldn’t see. At each end of the facility there was a 13-foot pole with a small cube perched on top. A powerful infrared laser beam shot out of one of the cubes, striking an array of photovoltaic cells inside the opposite cube. To the naked eye, however, it looked like a whole lot of nothing. The only evidence that anything was happening came from a small coffee maker nearby, which was churning out “laser lattes” using only the power generated by the system as ambitions for cheap abundant electricity gain momentum worldwide.

The laser setup managed to transmit 400 watts of power—enough for several small household appliances—through hundreds of meters of air without moving any mass. The Naval Research Lab, which ran the project, hopes to use the system to send power to drones during flight. But NRL electronics engineer Paul Jaffe has his sights set on an even more ambitious problem: beaming solar power to Earth from space. For decades the idea had been reserved for The Future, but a series of technological breakthroughs and a massive new government research program suggest that faraway day may have finally arrived as interest in space-based solar broadens across industry and government.

Since the idea for space solar power first cropped up in Isaac Asimov’s science fiction in the early 1940s, scientists and engineers have floated dozens of proposals to bring the concept to life, including inflatable solar arrays and robotic self-assembly. But the basic idea is always the same: A giant satellite in orbit harvests energy from the sun and converts it to microwaves or lasers for transmission to Earth, where it is converted into electricity. The sun never sets in space, so a space solar power system could supply renewable power to anywhere on the planet, day or night, as recent tests show we can generate electricity from the night sky as well, rain or shine.

Like fusion energy, space-based solar power seemed doomed to become a technology that was always 30 years away. Technical problems kept cropping up, cost estimates remained stratospheric, and as solar cells became cheaper and more efficient, and storage improved with cheap batteries, the case for space-based solar seemed to be shrinking.

That didn’t stop government research agencies from trying. In 1975, after partnering with the Department of Energy on a series of space solar power feasibility studies, NASA beamed 30 kilowatts of power over a mile using a giant microwave dish. Beamed energy is a crucial aspect of space solar power, but this test remains the most powerful demonstration of the technology to date. “The fact that it’s been almost 45 years since NASA’s demonstration, and it remains the high-water mark, speaks for itself,” Jaffe says. “Space solar wasn’t a national imperative, and so a lot of this technology didn’t meaningfully progress.”

John Mankins, a former physicist at NASA and director of Solar Space Technologies, witnessed how government bureaucracy killed space solar power development firsthand. In the late 1990s, Mankins authored a report for NASA that concluded it was again time to take space solar power seriously and led a project to do design studies on a satellite system. Despite some promising results, the agency ended up abandoning it.

In 2005, Mankins left NASA to work as a consultant, but he couldn’t shake the idea of space solar power. He did some modest space solar power experiments himself and even got a grant from NASA’s Innovative Advanced Concepts program in 2011. The result was SPS-ALPHA, which Mankins called “the first practical solar power satellite.” The idea, says Mankins, was “to build a large solar-powered satellite out of thousands of small pieces.” His modular design brought the cost of hardware down significantly, at least in principle.

Jaffe, who was just starting to work on hardware for space solar power at the Naval Research Lab, got excited about Mankins’ concept. At the time he was developing a “sandwich module” consisting of a small solar panel on one side and a microwave transmitter on the other. His electronic sandwich demonstrated all the elements of an actual space solar power system and, perhaps most important, it was modular. It could work beautifully with something like Mankins' concept, he figured. All they were missing was the financial support to bring the idea from the laboratory into space.

Jaffe invited Mankins to join a small team of researchers entering a Defense Department competition, in which they were planning to pitch a space solar power concept based on SPS-ALPHA. In 2016, the team presented the idea to top Defense officials and ended up winning four out of the seven award categories. Both Jaffe and Mankins described it as a crucial moment for reviving the US government’s interest in space solar power.

They might be right. In October, the Air Force Research Lab announced a $100 million program to develop hardware for a solar power satellite. It’s an important first step toward the first demonstration of space solar power in orbit, and Mankins says it could help solve what he sees as space solar power’s biggest problem: public perception. The technology has always seemed like a pie-in-the-sky idea, and the cost of setting up a solar array on Earth is plummeting, as proposals like a tenfold U.S. solar expansion signal rapid growth; but space solar power has unique benefits, chief among them the availability of solar energy around the clock regardless of the weather or time of day.

It can also provide renewable energy to remote locations, such as forward operating bases for the military, which has deployed its first floating solar array to bolster resilience. And at a time when wildfires have forced the utility PG&E to kill power for thousands of California residents on multiple occasions, having a way to provide renewable energy through the clouds and smoke doesn’t seem like such a bad idea. (Ironically enough, PG&E entered a first-of-its-kind agreement to buy space solar power from a company called Solaren back in 2009; the system was supposed to start operating in 2016 but never came to fruition.)

“If space solar power does work, it is hard to overstate what the geopolitical implications would be,” Jaffe says. “With GPS, we sort of take it for granted that no matter where we are on this planet, we can get precise navigation information. If the same thing could be done for energy, especially as peer-to-peer energy sharing matures, it would be revolutionary.”

Indeed, there seems to be an emerging race to become the first to harness this technology. Earlier this year China announced its intention to become the first country to build a solar power station in space, and for more than a decade Japan has considered the development of a space solar power station to be a national priority. Now that the US military has joined in with a $100 million hardware development program, it may only be a matter of time before there’s a solar farm in the solar system.

 

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Opinion: Nuclear Beyond Electricity

Nuclear decarbonization leverages low-carbon electricity, process heat, and hydrogen from advanced reactors and SMRs to electrify industry, buildings, and transport, supporting net-zero strategies and grid flexibility alongside renewables with dispatchable baseload capacity.

 

Key Points

Nuclear decarbonization uses reactors to supply low-carbon power, heat, and hydrogen, cutting emissions across industry.

✅ Advanced reactors and SMRs enable high-temperature process heat

✅ Nuclear-powered electrolysis and HTSE produce low-carbon hydrogen

✅ District heating from reactors reduces pollution and coal use

 

By Dr Henri Paillere, Head of the Planning and Economics Studies Section of the IAEA

Decarbonising the power sector will not be sufficient to achieving net-zero emissions, with assessments indicating nuclear may be essential across sectors. We also need to decarbonise the non-power sectors - transport, buildings and industry - which represent 60% of emissions from the energy sector today. The way to do that is: electrification with low-carbon electricity as much as possible; using low-carbon heat sources; and using low-carbon fuels, including hydrogen, produced from clean electricity.
The International Energy Agency (IEA) says that: 'Almost half of the emissions reductions needed to reach net zero by 2050 will need to come from technologies that have not reached the market today.' So there is a need to innovate and push the research, development and deployment of technologies. That includes nuclear beyond electricity.

Today, most of the scenario projections see nuclear's role ONLY in the power sector, despite ongoing debates over whether nuclear power is in decline globally, but increased electrification will require more low-carbon electricity, so potentially more nuclear. Nuclear energy is also a source of low-carbon heat, and could also be used to produce low-carbon fuels such as hydrogen. This is a virtually untapped potential.

There is an opportunity for the nuclear energy sector - from advanced reactors, next-gen nuclear small modular reactors, and non-power applications - but it requires a level playing field, not only in terms of financing today's technologies, but also in terms of promoting innovation and supporting research up to market deployment. And of course technology readiness and economics will be key to their success.

On process heat and district heating, I would draw attention to the fact there have been decades of experience in nuclear district heating. Not well spread, but experience nonetheless, in Russia, Hungary and Switzerland. Last year, we had two new projects. One floating nuclear power plant in Russia (Akademik Lomonosov), which provides not only electricity but district heating to the region of Pevek where it is connected. And in China, the Haiyang nuclear power plant (AP1000 technology) has started delivering commercial district heating. In China, there is an additional motivation to reducing emissions, namely to cut air pollution because in northern China a lot of the heating in winter is provided by coal-fired boilers. By going nuclear with district heating they are therefore cutting down on this pollution and helping with reducing carbon emissions as well. And Poland is looking at high-temperature reactors to replace its fleet of coal-fired boilers and so that's a technology that could also be a game-changer on the industry side.

There have also been decades of research into the production of hydrogen using nuclear energy, but no real deployment. Now, from a climate point of view, there is a clear drive to find substitute fuels for the hydrocarbon fuels that we use today, and multiple new nuclear stations are seen by industry leaders as necessary to meet net-zero targets. In the near term, we will be able to produce hydrogen with electrolysis using low-carbon electricity, from renewables and nuclear. But the cheapest source of low-carbon power is from the long-term operation of existing nuclear power plants which, combined with their high capacity factors, can give the cheapest low-carbon hydrogen of all.

In the mid to long term, there is research on-going with processes that are more efficient than low-temperature electrolysis, which is high temperature steam electrolysis or thermal splitting of water. These may offer higher efficiencies and effectiveness but they also require advanced reactors that are still under development. Demonstration projects are being considered in several countries and we at the IAEA are developing a publication that looks into the business opportunities for nuclear production of hydrogen from existing reactors. In some countries, there is a need to boost the economics of the existing fleet, especially in the electricity systems where you have low or even negative market prices for electricity. So, we are looking at other products that have higher values to improve the competitiveness of existing nuclear power plants.

The future means not only looking at electricity, but also at industry and transport, and so integrated energy systems. Electricity will be the main workhorse of our global decarbonisation effort, but through heat and hydrogen. How you model this is the object of a lot of research work being done by different institutes and we at the IAEA are developing some modelling capabilities with the objective of optimising low-carbon emissions and overall costs.

This is just a picture of what the future might look like: a low-carbon power system with nuclear lightwater reactors (large reactors, small modular reactors and fast reactors) drawing on the green industrial revolution reactor waves in planning; solar, wind, anything that produces low-carbon electricity that can be used to electrify industry, transport, and the heating and cooling of buildings. But we know there is a need for high-temperature process steam that electricity cannot bring but which can be delivered directly by high-temperature reactors. And there are a number of ways of producing low-carbon hydrogen. The beauty of hydrogen is that it can be stored and it could possibly be injected into gas networks that could be run in the future on 100% hydrogen, and this could be converted back into electricity.

So, for decarbonising power, there are many options - nuclear, hydro, variable renewables, with renewables poised to surpass coal in global generation, and fossil with carbon capture and storage - and it's up to countries and industries to invest in the ones they prefer. We find that nuclear can actually reduce the overall cost of systems due to its dispatchability and the fact that variable renewables have a cost because of their intermittency. There is a need for appropriate market designs and the role of governments to encourage investments in nuclear.

Decarbonising other sectors will be as important as decarbonising electricity, from ways to produce low-carbon heat and low-carbon hydrogen. It's not so obvious who will be the clear winners, but I would say that since nuclear can produce all three low-carbon vectors - electricity, heat and hydrogen - it should have the advantage.
We at the IAEA will be organising a webinar next month with the IEA looking at long-term nuclear projections in a net-zero world, building on IAEA analysis on COVID-19 and low-carbon electricity insights. That will be our contribution from the point of view of nuclear to the IEA's special report on roadmaps to net zero that it will publish in May.

 

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In a record year for clean energy purchases, Southeast cities stand out

Municipal Renewable Energy Procurement surged as cities contracted 3.7 GW of solar and wind, leveraging green tariffs, community solar, and utility partnerships across the Southeast, led by Houston, RMI, and WRI data.

 

Key Points

The process by which cities contract solar and wind via utilities or green tariffs to meet climate goals.

✅ 3.7 GW procured in 2020, nearly 25% year-over-year growth

✅ Houston runs city ops on 500 MW solar, a record purchase

✅ Southeast cities use green tariffs and community solar

 

Cities around the country bought more renewable energy last year than ever before, reflecting how renewables may soon provide one-fourth of U.S. electricity across the grid, with some of the most remarkable projects in the Southeast, according to new data unveiled Thursday.

Even amid the pandemic, about eight dozen municipalities contracted to buy nearly 3.7 gigawatts of mostly solar and wind energy — enough to power more than 800,000 homes. The figure is almost a quarter higher than the year before.

Half of the cites listed as “most noteworthy” in Thursday’s release —  from research groups Rocky Mountain Institute and World Resources Institute — are in the region that stretches from Texas to Washington, D.C. 

Houston stands out for the sheer enormity of its purchase: In July, it began powering city operations entirely from nearly 500 megawatts of solar power — the largest municipal purchase of renewable energy ever in the United States, as renewable electricity surpassed coal nationwide.

The groups also feature smaller deals in North Carolina and Tennessee, achieved through a utility partnership called a green tariff.

“We wanted to recognize that Nashville and Charlotte were really blazing a new trail,” said Stephen Abbott, principal at the Rocky Mountain Institute.

And the nation’s capital shows how renewable energy can be a source of revenue: It’s leasing out its public transit station rooftops for 10 megawatts of community solar.

All of these strategies will be necessary for scores of U.S. cities to meet their ambitious climate goals, researchers believe. An interactive clean energy targets tracker shows all 95 clean energy procurements from the year in detail.


Tracker 
Even before former President Donald Trump promised to remove the United States from the Paris Climate Accord, a lack of federal action on climate left a void that some cities and counties were beginning to fill, as renewables hit a record 28% in a recent month. In 2015, the first year tracked by researchers at the Rocky Mountain Institute and the World Resources Institute, municipalities contracted to buy more than 1 gigawatt of wind, solar and other forms of clean energy. 

But when Trump officially set in motion the withdrawal from the climate agreement, the ranks of municipalities dedicated to 100% clean energy multiplied. Today there are nearly 200 of them. The growth in activity last year reflects, in part, that surge of new pledges.

“It takes a while to get city staff up to speed and understand the options, and create the roadmap and then start executing,” Abbott said. “There is a bit of a lag, but we’re starting to see the impact.”

Even in Houston — one of the earliest to begin procuring renewable energy — there has been a steep learning curve as market forces change and prices drop, including cheaper solar batteries shaping procurement strategies, said Lara Cottingham, Houston’s chief of staff and chief sustainability officer.

No matter how well resourced and educated their staff, cities have to clear a thicket of structural, political and economic challenges to procure renewable energy. Most don’t own their own sources of power. Nearly all face budget constraints. Few have enough land or government rooftops to meet their goals within city limits.

“Cities face a situation where it’s a square peg in a round hole,” Cottingham said.

The hurdles are especially steep in much of the Southeast, where only publicly regulated utilities can sell electricity to retail customers, even large ones such as major cities. That’s where a green tariff regime comes in: Cities can purchase clean energy from a third party, such as a solar company, using the utility as a go-between.

Early last year, Charlotte became the largest city to use such a program, partnering with Duke Energy and two North Carolina solar developers to build a solar farm 50 miles north in Iredell County. At first, the city will pay a premium for the energy, but in the latter half of the 20-year contract, as gas prices rise, it will save money compared to business as usual.

“Over the course of 20 years, it’s projected we would save about $2 million,” Katie Riddle, sustainability analyst with Charlotte, told the Energy News Network last year.

The growing size of projects, innovative partnerships like green tariff programs, and the improving economics all give Abbott hope that renewable energy investments from cities will only grow — even with the Trump presidency over and the country back in the Paris agreement.

And when cities meet their goals for procuring renewable energy for their own operations, they must then turn to an even bigger task: reducing the carbon footprint of every person in their jurisdiction with broader decarbonization strategies and community engagement.

“The city needs to do its part for sure,” said Houston’s Cottingham. “Then we have this challenge of how do we get everyone else to.”

 

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Ontario Provides Stable Electricity Pricing for Industrial and Commercial Companies

Ontario ICI Electricity Pricing Freeze helps Industrial Conservation Initiative (ICI) participants by stabilizing Global Adjustment charges, suspending peak hours curtailment, and reducing COVID-19-related electricity cost volatility to support large employers returning operations to full capacity.

 

Key Points

A two-year policy stabilizing GA costs and pausing peak-hour cuts to aid industrial and commercial recovery.

✅ GA cost share frozen for two years

✅ No peak-hour curtailment obligations

✅ Supports industrial and commercial restart

 

The Ontario government is helping large industrial and commercial companies return to full levels of operation without the fear of electricity costs spiking by providing more stable electricity pricing for two years. Effective immediately, companies that participate in the Industrial Conservation Initiative (ICI) will not be required to reduce their electricity usage during peak hours or shift some load to ultra-low overnight pricing where applicable, as their proportion of Global Adjustment (GA) charges for these companies will be frozen.

"Ontario's industrial and commercial electricity consumers continue to experience unprecedented economic challenges during COVID-19, with electricity relief for households and small businesses introduced to help," said Greg Rickford, Minister of Energy, Northern Development and Mines. "Today's announcement will allow large industrial employers to focus on getting their operations up and running and employees back to work, instead of adjusting operations in response to peak electricity demand hours."

Due to COVID-19, electricity consumption in Ontario has been below average as fall in demand as people stayed home across the province, and the province is forecast to have a reliable supply of electricity, supported by the system operator's staffing contingency plans during the pandemic, to accommodate increased usage. Peak hours generally occur during the summer when the weather is hot and electricity demand from cooling systems is high.

"Today's action will reduce the burden of anticipating and responding to peak hours for more than 1,300 ICI participants with 2,000 primarily industrial facilities in Ontario," said Bill Walker, Associate Minister of Energy. "Now these large employers can focus on getting their operations back up and running at full tilt and explore new energy-efficiency programs to manage costs."

The government previously announced it was providing temporary relief for industrial and commercial electricity consumers that do not participate in the Regulated Price Plan (RPP) by deferring a portion of GA charges for April, May and June 2020 and by extending off-peak rates for many customers, as well as a disconnect moratorium extension for residential electricity users.

 

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Electric vehicles are a hot topic in southern Alberta

Canada Electric Vehicle Adoption is accelerating as EV range doubles, fast-charging networks expand along the Trans-Canada Highway, and drivers shift from internal combustion to clean transportation to cut emissions and support climate goals.

 

Key Points

Canada Electric Vehicle Adoption reflects rising EV uptake, longer range, and expanding fast-charging infrastructure.

✅ Average EV range in Canada has nearly doubled in six years.

✅ Fast chargers expanding along Trans-Canada and major corridors.

✅ Gasoline and diesel demand projected to fall sharply by 2040.

 

As green technology for vehicles continues to grow in popularity, with a recent EV event in Regina drawing strong interest, attendance at a seminar in southern Alberta Wednesday showed plenty people want to switch to electric.

FreeU, a series of informal education sessions about electric power and climate change, including electricity vs hydrogen considerations, helped participants to learn more about the world-changing technology.

Also included at the talks was a special electric vehicle meet up, where people interested in the technology could learn about it, first hand, from drivers who've already gone gasless despite EV shortages and wait times in many regions.

"That's kind of a warning or a caution or whatever you want to call it. You get addicted to these things and that's a good example."

James Byrne, a professor of geography at the University of Lethbridge says people are much more willing these days to look to alternatives for their driving needs, though cost remains a key barrier for many.

"The internal combustion engine is on its way out. It served us well, but electric vehicles are much cleaner, aligning with Canada's EV goals set by policymakers today."

According to the Canada Energy Regulator, the average range of electric vehicles in Canada have almost doubled in the past six years.

The agency also predicts a massive decrease in gasoline and diesel use (359 petajoules and 92 petajoules respectively) in Canada by 2040. In that same timeframe, electricity use, even though fossil-fuel share remains, is expected to increase by 118 petajoules.

The country is also developing its network of fast charging stations, so running out of juice will be less of a worry for prospective buyers, even as 2035 EV mandate debate continues among analysts.

"They have just about Interstate in the U.S. covered," Marshall said. "In Canada, they're building out the [Trans-Canada Highway] right now."

 

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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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