Chinese companies building hydropower projects in Nigeria and Kenya

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Chinese companies continue to make headway in African markets with the construction of infrastructure and engineering projects.

In Nigeria, China Geo-Engineering Corporation will build a 100-megawatt (MW) hydropower plant for the Power Holding Company of Nigeria (PHCN) and the Zamfara state government. In Kenya, Sinohydro Corporation will construct the 20-MW Sangoro hydro power project.

The Nigerian project, located in the Gotwa Dam village, will have the potential to provide irrigation for 10,000 hectares of land for the production of rice and tomatoes downstream from the 2 billion-cubic-meter dam.

The project is seen as being more appropriate for the region compared to some of the ambitious thermal power projects launched in other Nigerian states that have had a checkered success rate in coming to completion. The $163 million Zamfara project will cost less than a thermal plant of similar capacity and is scheduled to start providing power to the national grid in the first quarter of 2011.

Finance for the project will come from the China-Import/Export Bank and will be guaranteed by Sofitel Capital Corporation and Intercontinental Bank Plc, who will maintain the project for seven years. Discussions are currently taking place between Zamfara's government and PHCN on a power-purchase agreement to cover the plant's output.

The Kenyan project is due to start construction in November with Nippon Koei Company Limited acting as consultant for Sinohydro. The companies were awarded the contract by KenGen in competitive bidding with other international groups.

The Sangoro power plant will be located about 5 kilometers downstream from the Sondu/Miriu power station at the end of a project tunnel. It will use the 39.9-cubic-meter-per-second water discharge from Sondu with a head of 62.2 meters. The power generated at Sangoro will be in addition to the 60 MW generated by Sondu/Miriu when it is fully commissioned.

Power from the Sangoro project is scheduled to be fed into the national grid in the second half of 2011.

The Japan Bank for International Cooperation has provided initial funding of $51 million for the $65 million project.

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Elon Musk could help rebuild Puerto Rico with solar-powered electricity grid

Puerto Rico Tesla Solar Power enables resilient microgrids using batteries, renewable energy, and energy storage to rebuild the hurricane-damaged grid, reduce fossil fuels, cut costs, and accelerate recovery with scalable solar-plus-storage solutions.

 

Key Points

A solar-plus-storage plan using Tesla microgrids and batteries to restore Puerto Rico's cleaner, resilient power.

✅ Microgrids cut diesel reliance and harden critical facilities.

✅ Batteries stabilize the grid and shave peak demand costs.

✅ Scalable solar enables faster, modular disaster recovery.

 

Puerto Rico’s governor Ricardo Rossello has said that he will speak to Elon Musk after the Tesla inventor said his innovative solar and battery systems could be used to restore electricity on the island.

Mr Musk was mentioned in a tweet, referencing an article discussing ways to restore Puerto Rico’s power grid, which was knocked out by Hurricane Maria on September 20.

Restoring the ageing and already-weakened network has proved slow: as of Friday 90 per cent of the island remained without power. The island’s electricity company was declared bankrupt in July.

Mr Musk was asked: “Could @ElonMusk go in and rebuild #PuertoRico’s electricity system with independent solar & battery systems?”

The South African entrepreneur replied: “The Tesla team has done this for many smaller islands around the world, but there is no scalability limit, so it can be done for Puerto Rico too.

“Such a decision would be in the hands of the PR govt, PUC, any commercial stakeholders and, most importantly, the people of PR.”

His suggestion was seized upon by Mr Rossello, who then tweeted: “@ElonMusk Let's talk. Do you want to show the world the power and scalability of your #TeslaTechnologies?

“PR could be that flagship project.”

Mr Musk replied that he was happy to talk.

Restoring power to the battered island is a priority for the government, and improving grid resilience remains critical, with hospitals still running on generators and the 3.5 million people struggling with a lack of refrigeration or air conditioning.

Radios broadcast messages advising people how to keep their insulin cool, and doctors are concerned about people not being able to access dialysis.

And, with its power grid wiped out, the Caribbean island could totally rethink the way it meets its energy needs, drawing on examples like a resilient school microgrid built locally. 

“This is an opportunity to completely transform the way electricity is generated in Puerto Rico and the federal government should support this,” said Judith Enck, the former administrator for the region with the environmental protection agency.

“They need a clean energy renewables plan and not spending hurricane money propping up the old fossil fuel infrastructure.”

Forty-seven per cent of Puerto Rico’s power needs were met by burning oil last year - a very expensive and outdated method of electricity generation. For the US as a whole, petroleum accounted for just 0.3 per cent of all electricity generated in 2016 even as the grid isn’t yet running on 100% renewable energy nationwide.

The majority of the rest of Puerto Rico’s energy came courtesy of coal and natural gas, with renewables, which later faced pandemic-related setbacks, accounting for only two per cent of electricity generation.

“In that time of extreme petroleum prices, the utility was borrowing money and buying oil in order to keep those plants operating,” said Luis Martinez, a lawyer at natural resources defense council and former special aide to the president of Puerto Rico’s environmental quality board.

“That precipitated the bankruptcy that followed. It was in pretty poor shape before the storm. Once the storm got there, it finished the job.”

But Mr Martinez told the website Earther that it might be difficult to secure the financing for rebuilding Puerto Rico with renewables from FEMA (Federal Emergency Management Agency) funds.

“A lot of distribution lines were on wood poles,” he said.

“Concrete would make them more resistant to winds, but that would potentially not be authorized under the use of FEMA funds.

"We’re looking into if some of those requirements can be waived so rebuilding can be more resilient.”

 

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Quebec authorizes nearly 1,000 megawatts of electricity for 11 industrial projects

Quebec Large-Scale Power Connections allocate 956 MW via Hydro-Québec to battery, bioenergy, and green hydrogen projects, including Northvolt and data centers, advancing grid capacity, industrial electrification, and Quebec's energy transition.

 

Key Points

Allocations of 956 MW via Hydro-Québec to projects in batteries, bioenergy, and green hydrogen across Quebec.

✅ 11 projects approved, totaling 956 MW across Quebec

✅ Focus: batteries, bioenergy, green hydrogen, data centers

✅ Selection weighed grid impact, economics, environmental criteria

 

The Quebec government has unveiled the list of 11 companies whose projects were given the go-ahead for large-scale power connections of 5 megawatts or more, for a total of 956 MW, even as planned exports to New York continue to factor into supply.

Five of the selected projects relate to the battery sector, reflecting EV battery investments by Canada and Quebec, and two to the bioenergy sector.

TES Canada's plan to build a green hydrogen production plant in Shawinigan, announced on Friday, is on the list.

Hydro-Québec will also supply 5 MW or more to the future Northvolt battery plant at its facilities in Saint-Basile-le-Grand and McMasterville.

Other industrial projects selected are those of Air Liquide Canada, Ford-Ecopro CAM Canada S.E.C, Nouveau monde Graphite and Volta Energy Solutions Canada.

Bioenergy projects include Greenfield Global Québec, in Varennes, and WM Québec, in Sainte-Sophie.

There's also Duravit Canada's manufacturing project in Matane, Quebec Iron Ore's green steel project in Fermont, Côte-Nord, and Vantage Data Centers CanadaQC4's data center project in Pointe-Claire.

All projects were selected las August "according to defined analysis criteria, such as technical connection capacities and impact on the Quebec power grid operations, economic and regional development spinoffs, environmental and social impact, as well as consistency with government orientations," states the press release from the office of Pierre Fitzgibbon, Quebec's Economy, Innovation and Energy Minister.

"With energy balances tightening and the electrification of our economy on the rise, we need to choose the most promising projects and allocate available electricity wisely," said Fitzgibbon.

Cross-border capacity expansions, including the Maine transmission corridor now approved, are also shaping regional power flows.

"These 11 projects will accelerate the energy transition, while creating significant economic spinoffs throughout Quebec."

The government is continuing its analysis of other energy-intensive industrial projects to help make the transition to a greener economy, even as experts question Quebec's EV strategy in policy circles, until March 31.

 

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What to know about the big climate change meeting in Katowice, Poland

COP24 Climate Talks in Poland gather nearly 200 nations to finalize the Paris Agreement rulebook, advance the Talanoa Dialogue, strengthen emissions reporting and transparency, and align finance, technology transfer, and IPCC science for urgent mitigation.

 

Key Points

UNFCCC summit in Katowice to finalize Paris rules, enhance transparency, and drive stronger emissions cuts.

✅ Paris rulebook on reporting, transparency, markets, and timelines

✅ Talanoa Dialogue to assess gaps and raise ambition by 2020

✅ Finance and tech transfer for developing countries under UNFCCC

 

Delegates from nearly 200 countries have assembled this month in Katowice, Poland — the heart of coal country — to try to move the ball forward on battling climate change.

It’s now the 24th annual meeting, or “COP” — conference of the parties — under the landmark U.N. Framework Convention on Climate Change, which the United States signed under then-President George H.W. Bush in 1992. More significantly, it’s the third such meeting since nations adopted the Paris climate agreement in 2015, widely seen at the time as a landmark moment in which, at last, developed and developing countries would share a path toward cutting greenhouse gas emissions, as Obama's clean energy push sought to lock in momentum.

But the surge of optimism that came with Paris has faded lately. The United States, the second largest greenhouse gas emitter, said it would withdraw from the agreement, though it has not formally done so yet. Many other countries are off target when it comes to meeting their initial round of Paris promises — promises that are widely acknowledged to be too weak to begin with. And emissions have begun to rise after a brief hiatus that had lent some hope of progress.

The latest science, meanwhile, is pointing toward increasingly dire outcomes. The amount of global warming that the world already has seen — 1 degree Celsius, 1.8 degrees Fahrenheit — has upended the Arctic, is killing coral reefs and may have begun to destabilize a massive part of Antarctica. A new report from the U.N.'s Intergovernmental Panel on Climate Change (IPCC), requested by the countries that assembled in Paris to be timed for this year’s meeting, finds a variety of increasingly severe effects as soon as a rise of 1.5 degrees Celsius arrives — an outcome that can’t be avoided without emissions cuts so steep that they would require societal transformations without any known historical parallel, the panel found.

It’s in this context that countries are meeting in Poland, with expectations and stakes high.

So what’s on the agenda in Poland?

The answer starts with the Paris agreement, which was negotiated three years ago, has been signed by 197 countries and is a mere 27 pages long. It covers a lot, laying out a huge new regime not only for the world as a whole to cut its greenhouse gas emissions, but for each individual country to regularly make new emissions-cutting pledges, strengthen them over time, report emissions to the rest of the world and much more. It also addresses financial obligations that developed countries have to developing countries, including how to achieve clean and universal electricity at scale, and how technologies will be transferred to help that.

But those 27 pages leave open to interpretation many fine points for how it will all work. So in Poland, countries are performing a detailed annotation of the Paris agreement, drafting a “rule book” that will span hundreds of pages.

That may sound bureaucratic, but it’s key to addressing many of the flash points. For instance, it will be hard for countries to trust that their fellow nations are cutting emissions without clear standards for reporting and vetting. Not everybody is ready to accept a process like the one followed in the United States, which not only publishes its emissions totals but also has an independent review of the findings.

“A number of the developing countries are resisting that kind of model for themselves. They see it as an intrusion on their sovereignty,” said Alden Meyer, director of strategy and policy at the Union of Concerned Scientists and one of the many participants in Poland this week. “That’s going to be a pretty tough issue at the end of the day.”

It’s hardly the only one. Also unclear is what countries will do after the time frames on their current emissions-cutting promises are up, which for many is 2025 or 2030. Will all countries then start reporting newer and more ambitious promises every five years? Every 10 years?

That really matters when five years of greenhouse gas emissions — currently about 40 billion tons of carbon dioxide annually — are capable of directly affecting the planet’s temperature.

What can we expect each day?

The conference is in its second week, when higher-level players — basically, the equivalent of cabinet-level leaders in the United States — are in Katowice to advance the negotiations.

As this happens, several big events are on the agenda. On Tuesday and Wednesday is the “Talanoa Dialogue,” which will bring together world leaders in a series of group meetings to discuss these key questions: “Where are we? Where do we want to go? How do we get there?”

Friday is the last day of the conference, but pros know these events tend to run long. On Friday — or after — we will be waiting for an overall statement or decision from the meeting which may signal how much has been achieved.

What is the “Talanoa Dialogue”?

“Talanoa” is a word used in Fiji and in many other Pacific islands to refer to “the sharing of ideas, skills and experience through storytelling.” This is the process that organizers settled on to fulfill a plan formed in Paris in 2015.

That year, along with signing the Paris agreement, nations released a decision that in 2018 there should be a “facilitative dialogue" among the countries “to take stock” of where their efforts stood to reduce greenhouse gas emissions. This was important because going into that Paris meeting, it was already clear that countries' promises were not strong enough to hold global warming below a rise of 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial temperatures.

This dialogue, in the Talanoa process, was meant to prompt reflection and maybe even soul searching about what more would have to be done. Throughout the year, “inputs” to the Talanoa dialogue — most prominently, the recent report by the United Nations' Intergovernmental Panel on Climate Change on the meaning and consequences of 1.5 degrees Celsius of warming —have been compiled and synthesized. Now, over two days in Poland, countries' ministers will assemble to share stories in small groups about what is working and what is not and to assess where the world as a whole is on achieving the required greenhouse gas emissions reductions.

What remains to be seen is whether this process will culminate in any kind of product or statement that calls clearly for immediate, strong ramping up of climate change promises across the world.

With the clock ticking, will countries do anything to increase their ambition at this meeting?

If negotiating the Paris rule book sounds disappointingly technical, well, you’re not the only one feeling that way. Pressure is mounting for countries to accomplish something more than that in Poland — to at minimum give a strong signal that they understand that the science is looking worse and worse, and the world’s progress on the global energy transition isn’t matching that outlook.

“The bigger issue is how we’re going to get to an outcome on greater ambition,” said Lou Leonard, senior vice president for climate and energy at the World Wildlife Fund, who is in Poland observing the talks. “And I think the first week was not kind on moving that part of the agenda forward.”

Most countries are not likely to make new emissions-cutting promises this week. But there are two ways that the meeting could give a strong statement that countries should — or will — come up with new promises at least by 2020. That’s when extremely dramatic emissions cuts would have to start, including progress toward net-zero electricity by mid-century, according to the recent report on 1.5 degrees Celsius of warming.

The first is the aforementioned “Talanoa dialogue” (see above). It’s possible that the outcome of the dialogue could be a statement acknowledging that the world isn’t nearly far enough along and calling for much stronger steps.

There will also be a decision text released for the meeting as a whole, which could potentially send a signal. Leonard said he hopes that would include details for the next steps that will put the world on a better course.

“We have to create milestones, and the politics around it that will pressure countries to do something that quite frankly they don’t want to do,” he said. “It’s not going to be easy. That’s why we need a process that will help make it happen. And make the most of the IPCC report that was designed to come out right now so it could do this for us. That’s why we have it, and it needs to serve that role.”

The United States says it will withdraw from the agreement, so what role is it playing in Poland?

Despite President Trump’s pledge to withdraw, the United States remains in the Paris agreement (for now) and has sent a delegation of 44 people to Poland, largely from the State Department but also from the Environmental Protection Agency, Energy Department and even the White House, while domestically a historic U.S. climate law has recently passed to accelerate clean energy. Many of these career government officials remain deeply engaged in hashing out details of the agreement.

Still, the country as a whole is being cast in an antagonistic role in the talks.

 

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Sen. Cortez Masto Leads Colleagues in Urging Congress to Support Clean Energy Industry in Economic Relief Packages

Clean Energy Industry Support includes tax credits, refundability, safe harbor extensions, EV incentives, and stimulus measures to stabilize renewable energy projects, protect the workforce, and ensure financing continuity during economic recovery.

 

Key Points

Policies and funding to stabilize renewables, protect jobs, and extend tax incentives for workforce continuity.

✅ Extend PTC/ITC and remove phase-outs to sustain projects

✅ Enable direct pay or refundability to unlock financing

✅ Preserve safe harbor timelines disrupted by supply chains

 

U.S. Senator Catherine Cortez Masto (D-Nev.) led 17 Senate colleagues, as the Senate moves to modernize public-land renewables, in sending a letter calling on Congress to include support for the United States' clean energy industry and workforce in any economic aid packages.

"As Congress takes steps to ensure that our nation's workforce is prepared to emerge stronger from the coronavirus health and economic crisis, we must act to shore up clean energy businesses and workers who are uniquely impacted by the crisis, echoing a power-sector call for action from industry groups," said the senators. "This action, which has precedent in prior financial recovery efforts, could take several forms, including tax credit extensions or removal of the current phase-out schedule, direct payment or refundability, or extensions of safe harbor continuity."

"We need to make sure that any package protects workers and helps families stay afloat in these challenging times. Providing support to the clean energy industry will give much-needed certainty and confidence, as the sector targets a market majority, for those workers that they will be able to keep their paychecks and their jobs in this critical industry," the senators also said.

In addition to Senator Cortez Masto, the letter was also signed by Senators Ed Markey (D-Mass.), Martin Heinrich (D-N.M), Sheldon Whitehouse (D-R.I.), Debbie Stabenow (D-Mich.), Tina Smith (D-Minn.), Jack Reed (D-R.I.), Cory Booker (D-N.J.), Richard Blumenthal (D-Conn.), Amy Klobuchar (D-Minn.), Chris Van Hollen (D-Md.), Dianne Feinstein (D-Calif.), Jacky Rosen (D-Nev.), Tammy Duckworth (D-Ill.), Chris Coons (D-Del.), Mazie Hirono (D-Hawaii), Dick Durbin (D-Ill.), and Kyrsten Sinema (D-Ariz.).

Dear Leader McConnell, Leader Schumer, Chairman Grassley, Ranking Member Wyden:

As Congress takes steps to ensure that our nation's workforce is prepared to emerge stronger from the coronavirus health and economic crisis, we must act to shore up clean energy businesses and workers who are uniquely impacted by the crisis, with wind investments at risk amid the pandemic. This action, which has precedent in prior financial recovery efforts, could take several forms, including tax credit extensions or removal of the current phase-out schedule, direct payment or refundability, or extensions of safe harbor continuity.

First and foremost, we need to take care of workers' health and immediate needs to stay in their homes and provide for their families, and the Families First Coronavirus Response Act is a critical down payment. Now, we must make sure the workforce has jobs to return to and that employers remain able to pay for critical benefits like paid sick and family leave, healthcare, and Unemployment Insurance.

The renewable energy industry employs over 800,000 people across every state in the United States. This industry and its workers could suffer significant harms as a result of the coronavirus emergency and resulting financial impact. Renewable energy businesses are already seeing project cancellations or delays, as the Covid-19 crisis hits solar and wind across the sector, with the solar industry reporting delays of 30 percent. Likewise, the energy efficiency sector is susceptible to similar impacts. As the coronavirus pandemic intensifies in the United States, that rate of delay or cancellations will only continue to skyrocket. Global and domestic supply chains are already facing chaotic changes, with equipment delays of three to four months for parts of the industry. A major collapse in financing is all but certain as investment firms' profits turn to losses and capital is suddenly unavailable for large labor-intensive investments.

To ensure that we do not lose years of progress on clean energy and the source of employment for tens of thousands of renewable energy workers, Congress should look to previous relief packages as an example for how to support this sector and the broader American economy. The American Recovery and Reinvestment Act of 2009 (also known as the Recovery Act or ARRA) provided over $90 billion in funding for clean energy and grid modernization, along with emergency relief programs. Specifically, ARRA provided immediate funding streams like the 1603 Cash Grant program for renewables and the 30 percent clean energy manufacturing tax credit to give immediate relief for the clean energy industry. As Congress develops this new package, it should consider these immediate relief programs for the renewable and clean energy industry, especially as analyses suggest green energy could drive Covid-19 recovery at scale. This could include direct payment or refundability, extensions of safe harbor continuity, tax credit extensions, electric vehicle credit expansion, or removal of the current phase-out schedules for the clean energy industry.

We need to make sure that any package protects workers and helps families stay afloat in these challenging times. Providing support to the clean energy industry will give much-needed certainty and confidence for those workers that they will be able to keep their paychecks and their jobs in this critical industry.

These strategies to provide assistance to the clean energy industry must be included in any financial recovery discussions, particularly if the Trump Administration continues its push to aid the oil industry, even as some advocate a total fossil fuel lockdown to accelerate climate action. We appreciate your consideration and collaboration as we do everything in our power to quickly recover from this health and economic emergency.

 

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Michigan Public Service Commission grants Consumers Energy request for more wind generation

Consumers Energy Wind Expansion gains MPSC approval in Michigan, adding up to 525 MW of wind power, including Gratiot Farms, while solar capacity requests face delays over cost projections under the renewable portfolio standard targets.

 

Key Points

A regulatory-approved plan enabling Consumers Energy to add 525 MW of wind while solar additions await cost review.

✅ MPSC approves up to 525 MW in new wind projects

✅ Gratiot Farms purchase allowed before May 1

✅ Solar request delayed over high cost projections

 

Consumers Energy Co.’s efforts to expand its renewable offerings gained some traction this week when the Michigan Public Service Commission (MPSC) approved a request for additional wind generation capacity.

Consumers had argued that both more wind and solar facilities are needed to meet the state’s renewable portfolio standard, which was expanded in 2016 to encompass 12.5 percent of the retail power of each Michigan electric provider. Those figures will continue to rise under the law through 2021 when the figure reaches 15 percent, alongside ongoing electricity market reforms discussions. However, Consumers’ request for additional solar facilities was delayed at this time due to what the Commission labeled unrealistically high-cost projections.

Consumers will be able to add as much as 525 megawatts of new wind projects amid a shifting wind market, including two proposed 175-megawatt wind projects slated to begin operation this year and next. Consumers has also been allowed to purchase the Gratiot Farms Wind Project before May 1.

The MPSC said a final determination would be made on Consumers’ solar requests during a decision in April. Consumers had sought an additional 100 megawatts of solar facilities, hoping to get them online sometime in 2024 and 2025.

 

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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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