Comparing how power companies respond to crisis

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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Summer Heatwave Electricity Shut-offs strain power grids as peak demand surges, prompting load shedding, customer alerts, and energy conservation. Vulnerable populations face higher risks, while cooling centers, efficiency upgrades, and renewables bolster resilience.

Key Points

Episodic power cuts during extreme heat to balance grid load, protect infrastructure, and manage peak demand.

✅ Causes: peak demand, heatwaves, aging grid, AC load spikes.

✅ Impacts: vulnerable households, health risks, economic losses.

✅ Solutions: load shedding, cooling centers, efficiency, renewables.

As temperatures soar across various regions, millions of households are facing the threat of U.S. blackouts due to strain on power grids and heightened demand for cooling during summer heatwaves. This article delves into the causes behind these potential shut-offs, the impact on affected communities, and strategies to mitigate such risks in the future.

Summer Heatwave Challenges

Summer heatwaves bring not only discomfort but also significant challenges to electrical grids, particularly in densely populated urban areas where air conditioning units and cooling systems, along with the data center demand boom, strain the capacity of infrastructure designed to meet peak demand. As temperatures rise, the demand for electricity peaks, pushing power grids to their limits and increasing the likelihood of disruptions.

Vulnerable Populations

The risk of electricity shut-offs disproportionately affects vulnerable populations, including low-income households, seniors, and individuals with medical conditions that require continuous access to electricity for cooling or medical devices. These groups are particularly susceptible to heat-related illnesses and discomfort when faced with more frequent outages during extreme heat events.

Utility Response and Management

Utility companies play a critical role in managing electricity demand and mitigating the risk of shut-offs during summer heatwaves. Strategies such as load shedding, where electricity is temporarily reduced in specific areas to balance supply and demand, and deploying AI for demand forecasting are often employed to prevent widespread outages. Additionally, utilities communicate with customers to provide updates on potential shut-offs and offer advice on energy conservation measures.

Community Resilience

Community resilience efforts are crucial in addressing the challenges posed by summer heatwaves and electricity shut-offs, especially as Canadian grids face harsher weather that heightens outage risks. Local governments, non-profit organizations, and community groups collaborate to establish cooling centers, distribute fans, and provide support services for vulnerable populations during heat emergencies. These initiatives help mitigate the health impacts of extreme heat and ensure that all residents have access to relief from oppressive temperatures.

Long-term Solutions

Investing in resilient infrastructure, enhancing energy efficiency, and promoting renewable energy sources are long-term solutions to reduce the risk of electricity shut-offs during summer heatwaves by addressing grid vulnerabilities that persist. By modernizing electrical grids, integrating smart technologies, and diversifying energy sources, communities can enhance their capacity to withstand extreme weather events and ensure reliable electricity supply year-round.

Public Awareness and Preparedness

Public awareness and preparedness are essential components of mitigating the impact of electricity shut-offs during summer heatwaves. Educating residents about energy conservation practices, encouraging the use of programmable thermostats, and promoting the importance of emergency preparedness plans empower individuals and families to navigate heat emergencies safely and effectively.

Conclusion

As summer heatwaves become more frequent and intense due to climate change impacts on the grid, the risk of electricity shut-offs poses significant challenges to communities across the globe. By implementing proactive measures, enhancing infrastructure resilience, and fostering community collaboration, stakeholders can mitigate the impact of extreme heat events and ensure that all residents have access to safe and reliable electricity during the hottest months of the year.

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Solar-Wind-Water West Africa integrates hydropower with solar and wind to boost grid flexibility, clean electricity, and decarbonization, leveraging the West African Power Pool and climate data modeling reported in Nature Sustainability.

Key Points

A strategy using hydropower to balance solar and wind, enabling reliable, low-carbon electricity across West Africa.

✅ Hydropower dispatch covers solar and wind shortfalls.

✅ Regional interconnection via West African Power Pool.

✅ Cuts CO2 versus gas while limiting new dam projects.

Hydropower plants can support solar and wind power, rather unpredictable by nature, in a climate-friendly manner. A new study in the scientific journal Nature Sustainability has now mapped the potential for such "solar-wind-water" strategies for West Africa: an important region where the power sector is still under development, amid IEA investment needs for universal access, and where generation capacity and power grids will be greatly expanded in the coming years. "Countries in West Africa therefore now have the opportunity to plan this expansion according to strategies that rely on modern, climate-friendly energy generation," says Sebastian Sterl, energy and climate scientist at Vrije Universiteit Brussel and KU Leuven and lead author of the study. "A completely different situation from Europe, where power supply has been dependent on polluting power plants for many decades - which many countries now want to rid themselves of."

Solar and wind power generation is increasing worldwide and becoming cheaper and cheaper. This helps to keep climate targets in sight, but also poses challenges. For instance, critics often argue that these energy sources are too unpredictable and variable to be part of a reliable electricity mix on a large scale, though combining multiple resources can enhance project performance.

"Indeed, our electricity systems will have to become much more flexible if we are to feed large amounts of solar and wind power into the grid. Flexibility is currently mostly provided by gas power plants. Unfortunately, these cause a lot of CO2 emissions," says Sebastian Sterl, energy and climate expert at Vrije Universiteit Brussel (VUB) and KU Leuven. "But in many countries, hydropower plants can be a fossil fuel-free alternative to support solar and wind energy. After all, hydropower plants can be dispatched at times when insufficient solar and wind power is available."

The research team, composed of experts from VUB, KU Leuven, the International Renewable Energy Agency (IRENA), and Climate Analytics, designed a new computer model for their study, running on detailed water, weather and climate data. They used this model to investigate how renewable power sources in West Africa could be exploited as effectively as possible for a reliable power supply, even without large-scale storage, in line with World Bank support for wind in developing countries. All this without losing sight of the environmental impact of large hydropower plants.

"This is far from trivial to calculate," says Prof. Wim Thiery, climate scientist at the VUB, who was also involved in the study. "Hydroelectric power stations in West Africa depend on the monsoon; in the dry season they run on their reserves. Both sun and wind, as well as power requirements, have their own typical hourly, daily and seasonal patterns. Solar, wind and hydropower all vary from year to year and may be impacted by climate change, including projections that wind resources shift southward in coming years. In addition, their potential is spatially very unevenly distributed."

West African Power Pool

The study demonstrates that it will be particularly important to create a "West African Power Pool", a regional interconnection of national power grids to serve as a path to universal electricity access across the region. Countries with a tropical climate, such as Ghana and the Ivory Coast, typically have a lot of potential for hydropower and quite high solar radiation, but hardly any wind. The drier and more desert-like countries, such as Senegal and Niger, hardly have any opportunities for hydropower, but receive more sunlight and more wind. The potential for reliable, clean power generation based on solar and wind power, supported by flexibly dispatched hydropower, increases by more than 30% when countries can share their potential regionally, the researchers discovered.

All measures taken together would allow roughly 60% of the current electricity demand in West Africa to be met with complementary renewable sources, despite concerns about slow greening of Africa's electricity, of which roughly half would be solar and wind power and the other half hydropower - without the need for large-scale battery or other storage plants. According to the study, within a few years, the cost of solar and wind power generation in West Africa is also expected to drop to such an extent that the proposed solar-wind-water strategies will provide cheaper electricity than gas-fired power plants, which currently still account for more than half of all electricity supply in West Africa.

Better ecological footprint

Hydropower plants can have a considerable negative impact on local ecology. In many developing countries, piles of controversial plans for new hydropower plants have been proposed. The study can help to make future investments in hydropower more sustainable. "By using existing and planned hydropower plants as optimally as possible to massively support solar and wind energy, one can at the same time make certain new dams superfluous," says Sterl. "This way two birds can be caught with one stone. Simultaneously, one avoids CO2 emissions from gas-fired power stations and the environmental impact of hydropower overexploitation."

Global relevance

The methods developed for the study are easily transferable to other regions, and the research has worldwide relevance, as shown by a US 80% study on high variable renewable shares. Sterl: "Nearly all regions with a lot of hydropower, or hydropower potential, could use it to compensate shortfalls in solar and wind power." Various European countries, with Norway at the front, have shown increased interest in recent years to deploy their hydropower to support solar and wind power in EU countries. Exporting Norwegian hydropower during times when other countries undergo solar and wind power shortfalls, the European energy transition can be advanced.

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India Coal Power PLF rose as capacity utilisation improved on rising peak demand and hydropower shortfall; thermal plants lifted plant load factor, IPPs lagged, and generation beat program targets amid weak rainfall and slower snowmelt.

Key Points

Coal plant load factor in India rose in May on higher demand and weak hydropower, with generation beating targets.

✅ PLF rose to 65.3% as demand climbed

✅ Hydel generation fell 14% YoY on poor rainfall

✅ IPP PLF at 57.8%, below 60% debt comfort

Capacity utilisation levels of coal-based power plants improved in May because of a surge in electricity demand and lower generation from hydroelectric sources. The plant load factor (PLF) of thermal power plants went up to 65.3% in the month, 1.7 percentage points higher than the year-ago period.

While PLFs of central and state government-owned plants were 75.5% and 64.5%, respectively, the same for independent power producers (IPPs) stood at 57.8%, even as coal and electricity shortages eased across the market. Though PLFs of IPPs were higher than May 2017 levels, it failed to cross the 60% mark, which eases debt servicing capabilities of power generation assets.

Thermal power plants generated 96,580 million units (MU) in May, 4% more than the programme set for the month and 5.2% higher than last year, partly supported by higher imported coal volumes in the market. On the other hand, hydel plants produced 10,638 MU, 10% lower than the target, reflecting a 14% decline from last year.

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Peak demand of power on the last day of the month was 1,62,132 MW, 4.3% higher than the demand registered in the same day a year ago, underscoring India's position as the third-largest electricity producer globally.

According to sources, hydropower plants have been generating lesser than expected electricity due to inadequate rainfall and snow melting at a slower pace than previous years, even as the US reported a power generation jump year on year. Data for power generation from renewable sources have not been made available yet.

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Enegix Base One Green Hydrogen Plant will produce renewable hydrogen via electrolysis in Ceara, Brazil, leveraging 3.4 GW baseload renewables, offshore wind, and hydro to scale clean energy, storage, and export logistics.

Key Points

A $5.4bn Ceara, Brazil project to produce 600m kg of green hydrogen annually using 3.4 GW of baseload renewables.

✅ 3.4 GW baseload from hydro and offshore wind pipelines

✅ Targets 600m kg green hydrogen per year via electrolysis

✅ Focus on storage, transport, and export supply chains

In March, Enegix Energy announced some of the most ambitious hydrogen plans the world has ever seen. The company signed a memorandum of understanding (MOU) with the government of the Brazilian state of Ceará to build the world’s largest green hydrogen plant in the state on the country’s north-eastern coast, and the figures are staggering.

The Base One facility will produce more than 600 million kilograms of green hydrogen annually from 3.4GW of baseload renewable energy, and receive $5.4bn in investment to get the project off the ground and producing within four years.

Green hydrogen, hydrogen produced by electrolysis that is powered by renewables, has significant potential as a clean energy source. Already seeing increased usage in the transport sector, the power source boasts the energy efficiency and the environmental viability to be a cornerstone of the world’s energy mix.

Yet practical challenges have often derailed large-scale green hydrogen projects, from the inherent obstacle of requiring separate renewable power facilities to the logistical and technological challenges of storing and transporting hydrogen. Could vast investment, clever planning, and supportive governments and programs like the DOE’s hydrogen hubs initiative help Enegix to deliver on green hydrogen’s oft-touted potential?

Brazilian billions
The Base One project is exceptional not only for its huge scale, but the timing of its construction, with demand for hydrogen set to increase dramatically over the next few decades. Figures from Wood Mackenzie suggest that hydrogen could account for 1.4 billion tonnes of energy demand by 2050, one-tenth of the world’s supply, with green hydrogen set to be the majority of this figure.

Yet considering that, prior to the announcement of the Enegix project, global green hydrogen capacity was just 94MW, advances in offshore green hydrogen and the development of a project of this size and scope could scale up the role of green hydrogen by orders of magnitude.

“We really need to [advance clean energy] without any emissions on a completely clean, carbon neutral and net-zero framework, and so we needed access to a large amount of green energy projects,” explains Wesley Cooke, founder and CEO of Enegix, a goal aligned with analyses that zero-emissions electricity by 2035 is possible, discussing the motivation behind the vast project.

With these ambitious goals in mind, the company needed to find a region with a particular combination of political will and environmental traits to enable such a project to take off.

“When we looked at all of these key things: pipeline for renewables, access to water, cost of renewables, and appetite for renewables, Brazil really stood out to us,” Cooke continues. “The state of Ceará, that we’ve got an MOU with the government in at the moment, ticks all of these boxes.”

Ceará’s own clean energy plans align with Enegix’s, at least in terms of their ambition and desire for short-term development. Last October, the state announced that it plans to add 5GW of new offshore wind capacity in the next five years. With BI Energia alone providing $2.5bn in investment for its 1.2GW Camocim wind facility, there is significant financial muscle behind these lofty ambitions.

“One thing I should add is that Brazil is very blessed when it comes to baseload renewables,” says Cooke. “They have an incredibly high percentage of their country-wide energy that comes from renewable sources and a lot of this is in part due to the vast hydro schemes that they have for hydro dams. Not a lot of countries have that, and specifically when you’re trying to produce hydrogen, having access to vast amounts of renewables [is vital].”

Changing perceptions and tackling challenges
This combination of vast investment and integration with the existing renewable power infrastructure of Ceará could have cultural impacts too. The combination of state support for and private investment in clean energy offsets many of the narratives emerging from Brazil concerning its energy policies and environmental protections, even as debates over clean energy's trade-offs persist in Brazil and beyond, from the infamous Brumadinho disaster to widespread allegations of illegal deforestation and gold mining.

“I can’t speak for the whole of Brazil, but if we look at Ceará specifically, and even from what we’ve seen from a federal government standpoint, they have been talking about a hydrogen roadmap for Brazil for quite some time now,” says Cooke, highlighting the state’s long-standing support for green hydrogen. “I think we came in at the perfect time with a very solid plan for what we wanted to do, [and] we’ve had nothing but great cooperation, and even further than just cooperation, excitement around the MOU.”

This narrative shift could help overcome one of the key challenges facing many hydrogen projects, the idea that its practical difficulties render it fundamentally unsuitable for baseload power generation. By establishing a large-scale green hydrogen facility in a country that has recently struggled to present itself as one that is invested in renewables, the Base One facility could be the ultimate proof that such clean hydrogen projects are viable.

Nevertheless, practical challenges remain, as is the case with any energy project of this scale. Cooke mentions a number of solutions to two of the obstacles facing hydrogen production around the world: renewable energy storage and transportation of the material.

“We were looking at compressed hydrogen via specialised tankers [and] we were looking at liquefied hydrogen, [as] you have to get liquefied hydrogen very cool to around -253°, and you can use 30% to 40% of your total energy that you started with just to get it down to that temperature,” Cooke explains.

“The other aspect is that if you’re transporting this internationally, you really have to think about the supply chain. If you land in a country like Indonesia, that’s wonderful, but how do you get it from Indonesia to the customers that need it? What is the supply chain? What does that look like? Does it exist today?”

The future of green hydrogen
These practical challenges present something of a chicken and egg problem for the future of green hydrogen: considerable up-front investment is required for functions such as storage and transport, but the difficulties of these functions can scare off investors and make such investments uncommon.

Yet with the world’s environmental situation increasingly dire, more dramatic, and indeed risky, moves are needed to alter its energy mix, and Enegix is one company taking responsibility and accepting these risks.

“We need to have the renewables to match the dirty fuel types,” Cooke says. “This [investment] will really come from the decisions that are being made right now by large-scale companies, multi-billion-euro-per-year revenue companies, committing to building out large scale factories in Europe and Asia, to support PEM [hydrolysis].”

This idea of large-scale green hydrogen is also highly ambitious, considering the current state of the energy source. The International Renewable Energy Agency reports that around 95% of hydrogen comes from fossil fuels, so hydrogen has a long ways to go to clean up its own carbon footprint before going on to displace fossil fuel-driven industries.

Yet this displacement is exactly what Enegix is targeting. Cooke notes that the ultimate goal of Enegix is not simply to increase hydrogen production for use in a single industry, such as clean vehicles. Instead, the idea is to develop green hydrogen infrastructure to the point where it can replace coal and oil as a source of baseload power, leapfrogging other renewables to form the bedrock of the world’s future energy mix.

“The problem with [renewable] baseload is that they’re intermittent; the wind’s not always blowing and the sun’s not always shining and batteries are still very expensive, although that is changing. When you put those projects together and look at the levelised cost of energy, this creates a chasm, really, for baseload.

“And for us, this is really where we believe that hydrogen needs to be thought of in more detail and this is what we’re really evangelising about at the moment.”

A more hydrogen-reliant energy mix could also bring social benefits, with Cooke suggesting that the same traits that make hydrogen unwieldy in countries with established energy infrastructures could make hydrogen more practically viable in other parts of the world.

“When you look at emerging markets and developing markets at the moment, the power infrastructure in some cases can be quite messy,” Cooke says. “You’ve got the potential for either paying for the power or extending your transmission grid, but rarely being able to do both of those.

“I think being able to do that last mile piece, utilising liquid organic hydrogen carrier as an energy vector that’s very cost-effective, very scalable, non-toxic, and non-flammable; [you can] get that power where you need it.

“We believe hydrogen has the potential to be very cost-effective at scale, supporting a vision of cheap, abundant electricity over time, but also very modular and usable in many different use cases.”

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New England Grid Reform Initiative aligns governors with ISO New England to reshape market design, boost grid reliability, accelerate renewable energy and offshore wind, explore carbon pricing and forward clean energy markets, and bolster accountability.

Key Points

Five states aim to reform ISO New England markets, prioritize renewables and reliability, and test carbon pricing.

✅ Governors seek market design aligned with clean energy mandates

✅ ISO-NE accountability and stakeholder engagement prioritized

✅ Explore carbon pricing and forward clean energy market options

Weeks after initiating a broad overhaul of utility regulation within its borders, Connecticut has recruited four New England states, as Maine debates a 145-mile transmission line project to rework the regional grid that is overseen by ISO New England, the independent system operator charged with ensuring a reliable supply of electricity from power plants.

In a written statement Thursday morning, Gov. Ned Lamont said the current structure “has actively hindered” states’ efforts to phase out polluting power plants in favor of renewable sources like wind turbines and solar panels, while increasing costs “to fix market design failures” in his words. Lamont’s energy policy chief Katie Dykes has emerged as a vocal critic of ISO New England’s structure and priorities, in her role as commissioner of the Connecticut Department of Energy and Environmental Protection.

“When Connecticut opted to deregulate our electricity market, we wanted the benefits of competition — to achieve lower-cost energy, compatible with meeting our clean-energy goals,” Dykes said in a telephone interview Thursday afternoon. “We have a partner [in] ISO New England, to manage this grid and design a market that is not thwarting our clean-energy goals, but achieving them; and not ignoring consumers’ concerns. ... That’s really what we are looking to do — reclaim the benefits of competition and regional cooperation.”

Lamont and his counterparts in Massachusetts, Rhode Island, Vermont and Maine plan to release a “vision document” in their words on Friday through the New England States Committee on Electricity, after New Hampshire rejected a Quebec-Massachusetts transmission proposal that sought to import Canadian hydropower.

The initial documents made no mention of New Hampshire, which likewise obtains electricity through the wholesale markets managed by ISO New England and has seen clashes over the Northern Pass hydropower project in recent years; and whose Seabrook Station is one two nuclear power plants in New England alongside Dominion Energy’s Millstone Power Station in Waterford. Gov. Chris Sununu’s office did not respond immediately to a query on why New Hampshire is not participating.

Connecticut and the four other states outlined a few broad goals that they will hone over the coming months. Those include creating a better market structure and planning process supporting the conversion to renewables; improving grid reliability, with measures such as an emergency fuel stock program considered; and increasing the accountability of ISO New England to the states and by extension their ratepayer households and businesses.

ISO New England spokesperson Matt Kakley indicated the Holyoke, Mass.-based nonprofit will “engage with the states and our stakeholders” on the governors’ proposal, in an email response to a query. He did not elaborate on any immediate opportunities or challenges inherent in the governors’ proposal.

“Maintaining reliable, competitively-priced electricity through the clean energy transition will require broad collaboration,” Kakley stated. “The common vision of the New England governors will play an important role in the discussions currently underway on the future of the grid.”

Renewable revolution
ISO New England launched operations in 1999, running auctions through which power plant operators bid to supply electricity, including against long-term projections for future needs that can only be met through the construction or installation of new generation capacity.

ISO New England falls under the jurisdiction of the Federal Energy Regulatory Commission rather than the states whose electricity supplies it is tasked with ensuring. That has led to pointed criticism from Dykes and Connecticut legislators that ISO New England is out of touch with the state’s push to switch to renewable sources of electricity.

Entering October, ISO New England published an updated outlook that revealed 60 percent of proposed power generators in the region’s future “queue” are wind farms, primarily offshore installations like the proposed Park City Wind project of Avangrid and Revolution Wind from Eversource. But Dykes recently criticized as unnecessary an NTE Energy plant approved already by ISO New England for eastern Connecticut, which will be fueled by natural gas if all other regulatory approvals are granted.

The six New England states participate in the Regional Greenhouse Gas Initiative that caps carbon emissions by individual power plants, while allowing them to purchase unused allowances from each other with that revenue funneled to the states to support renewable energy and conservation programs. FERC is now considering the concept of carbon pricing, which would levy a tax on power plants based on their emissions, and it also faces pressure to act on aggregated DERs from lawmakers.

ISO New England is investigating the concepts of net carbon pricing and a “forward clean energy market” that would borrow elements of the existing forward capacity market, but designed to meet individual state objectives for the percentage of renewable power they want generated while ensuring adequate electricity is in place when weather does not cooperate.

The Connecticut Public Utilities Regulatory Authority is collecting on its own initiative industry input on modernization proposals, as New York regulators open a formal review of retail energy markets for comparison, that would add up to hundreds of millions of dollars, including utility-scale batteries to store power generated by offshore wind farms and solar arrays; and “smart” meters in homes and businesses to help electricity customers better manage their power use.

The New England Power Pool serves as a central forum for plant operators, commercial users and others like the Connecticut Office of Consumer Counsel, amid Massachusetts solar demand charge debates that affect distributed generation policy, with NEPOOL’s chair stating Thursday morning the group was still reviewing the governors’ announcement.

“NEPOOL has been engaged this year in meetings ... exploring the transition to a future grid in New England and potential pathways forward to support that transition,” stated Nancy Chafetz, chair of NEPOOL, in an email.

Connecticut’s issues with ISO New England boiled over this summer on the heels of a power-purchase agreement between Millstone owner Dominion and transmission grid operators Eversource and United Illuminating, which contributed to a sharp increase in customer bills.

A few weeks ago, Lamont signed into law a “Take Back the Grid” act that allows the Connecticut Public Utilities Regulatory Authority to factor in Eversource’s and Avangrid subsidiary United Illuminating’s past performance in maintaining electric reliability, in addition to any future needs for revenue based on needed upgrades. The law included an element for Connecticut to initiate a study of ISO New England’s role.

Eversource and Avangrid have voiced support for the switch to “performance-based” regulation in Connecticut. Eversource spokesperson Mitch Gross on Thursday cited the company’s view that any changes to the operation of New England’s wholesale power markets should occur within the existing ISO New England structure.

“We also recommend any examination of potential alternatives includes a thorough evaluation that ensures unfair costs would not be imposed on customers,” Gross stated in an email.

In a statement forwarded by Avangrid spokesperson Ed Crowder, the United Illuminating parent indicated it intends to have “a voice in this process” with the goal of continued grid reliability amid increased adoption of clean energy sources.

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