Power systems urged to go local

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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Manitoba Hydro Court Ruling affirms the Public Utilities Board exceeded its jurisdiction by ordering a First Nations rate class, overturning an electricity rates appeal tied to geography, poverty, and regulatory authority in Manitoba.

Key Points

A decision holding the PUB lacked authority to create a First Nations rate class, restoring uniform electricity pricing.

✅ Court says PUB exceeded jurisdiction creating on-reserve rate

✅ Equalized electricity pricing reaffirmed across Manitoba

✅ Geography, not poverty, found decisive in unlawful rate class

Manitoba Hydro was wrongly forced to create a new rate class for electricity customers living on First Nations, the Manitoba Court of Appeal has ruled. 

The court decided the Public Utilities Board "exceeded its jurisdiction" by mandating Indigenous customers on First Nations could have a different electricity rate from other Manitobans. 

The board made the order in 2018, which exempted those customers from the general rate increase that year of 3.6 per cent.

"The directive constituted the creation and implementation of general social policy, an area outside of the PUB's jurisdiction and encroaching into areas that are better suited to the federal and provincial government," says the decision, which was released Tuesday.

Hydro's appeal of the PUB's decision went to court earlier this year.

At the time, the Crown corporation acknowledged many Indigenous people on First Nations live in poverty, but it argued the Public Utilities Board was overstepping its authority in trying to address the issue by creating a new rate class.

It also argued it was against provincial law to charge different rates in different areas of the province.

The PUB, however, insisted that legislation gives it the right to decide which factors are relevant when considering electricity prices, such as social issues. 

Special Manitoba Hydro rate class needed to offset challenges of living on First Nations, appeal court hears
Manitoba Hydro can appeal order to create special First Nation rate
The board had heard evidence that some customers were making "unacceptable" sacrifices to keep the lights on each month.

Decision 'heavy-handed': AMC
The Assembly of Manitoba Chiefs, an intervener in the appeal, had backed the utility board's position. It said on-reserve customers are disproportionately vulnerable to rate hikes over time.

Grand Chief Arlen Dumas said Wednesday he was surprised by the court's ruling. 

He argued Indigenous people are unduly excluded in the setting of electricity rates in Manitoba.

"I will be speaking with my federal and provincial counterparts on how we deal with this issue, because I think it's the wrong [decision]. It's heavy-handed and we need to address it."

The appeal court judges said there is past precedent for setting equal electricity rates, regardless of where customers live. Legislation to that effect was made in the early 2000s and a few years ago, the PUB recognized that geographical limitations should not be imposed on a class of customers.

Since the board's new order didn't extend the same savings to First Nations members who don't live on reserve but face similar financial circumstances, it is clear the deciding factor was geography, rather than poverty or treaty status, the judges said.

Manitoba Hydro temporarily cutting 200 jobs, many of them front-line workers
"In my view, the PUB erred in law when it created an on-reserve class based solely on a geographic region of the province in which customers are located," the decision read.

While Manitoba Hydro objected to the PUB's order in 2018, it still devoted money to create the new customer class.

Spokesperson Bruce Owen said the utility is still studying the impact of the court's decision, but it appreciates the ruling.  

"We all recognize that many people on First Nations have challenges, but our argument was solely on whether or not the PUB had the authority to create a special rate class based on where people live."

Owen added that Hydro recognizes electricity rates can be a hardship on individuals facing poverty. He said those considerations are part of the discussions the corporation has with the utilities board.

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North Carolina Power Outages continue after Hurricane Florence, with Wilmington and Eastern Carolina facing flooding, storm damage, and limited access as Duke Energy crews and mutual aid work on restoration across affected counties.

Key Points

Outages after Hurricane Florence, with Wilmington and Eastern Carolina hardest hit as crews restore service amid floods.

✅ Over 250,000 outages statewide as of early Wednesday

✅ Wilmington cut off by flooding, hindering utility access

✅ Duke Energy and EMC crews conduct phased restoration

Power is slowly being restored to Eastern Carolina residents after Hurricane Florence made landfall near Wilmington on Friday, September 15, a scenario echoed by storm-related outages in Tennessee in recent days.

On Monday, more than half a million people remained without power across the state, a situation comparable to post-typhoon electricity losses in Hong Kong reported elsewhere.

As of Wednesday morning at 1am, the Dept. of Public Safety reports 252,596 total power outages in North Carolina, and utilities continue warning about copper theft hazards during restoration.

More than half of those customers are in Eastern Carolina.

More than 32,000 customers are without power in Carteret County and roughly 21,000 are without power in Onslow County.

In Craven County, roughly 15,000 people remain without power Wednesday morning.

Many of the state's outages are effecting the Wilmington area, where Florence made landfall and widespread flooding is still cutting off the city from outside resources, similar to how a fire-triggered outage in Los Angeles disrupted service regionally.

Heavy rain, strong winds and now flooded roadways have hindered power crews, challenges that utility climate adaptation aims to address while many of them have out-of-state or out-of-town help working to restore power to so many people.

Here's a breakdown of current outages by utility company:

DUKE ENERGY PROGRESS - 

• 1,350 in Beaufort Co. 
• 10,706 in Carteret Co. 
• 2,716 in Pamlico Co. 
• 7,422 in Craven Co. 
• 1,687 in Jones Co. 
• 13,319 in Onslow Co. 
• 7,452 in Pender Co. 
• 48,281 in New Hanover Co. 
• 5,257 in Duplin Co. 
• 488 in Lenoir Co. 
• 1,231 in Pitt Co.

JONES-ONSLOW EMC - 10,964 total 

• 7,699 in Onslow Co. 
• 2,366 in Pender Co. 
• 816 in Jones Co.

TIDELAND EMC - 

• 174 in Beaufort Co.
• 1,521 in Craven Co.
• 1,693 in Pamlico Co.

CARTERET-CRAVEN ELECTRIC CO OP- 

• 21,974 in Carteret Co. 
• 6,553 in Craven Co.
• 216 in Jones Co.

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Ontario-Quebec Energy Swap streamlines electricity exchange, balancing peak demand across clean grids with hydroelectric and nuclear power, enhancing reliability, capacity banking, and interprovincial load management for industry growth, EV adoption, and seasonal heating-cooling needs.

Key Points

10-year, no-cash power swap aligning peaks; hydro and nuclear enhance reliability and let Ontario bank capacity.

✅ Up to 600 MW exchanged yearly; reviews adjust volumes

✅ Peaks differ: summer A/C in Ontario, winter heating in Quebec

✅ Capacity banking enables future-year withdrawals

Ontario and Quebec have agreed to swap energy to build on an electricity deal to help each other out when electricity demands peak.

The provinces' electricity operators, the Independent Electricity System Operator holds capacity auctions and Hydro-Quebec, will trade up to 600 megawatts of energy each year, said Ontario Energy Minister Todd Smith.

“The deal just makes a lot of sense from both sides,” Smith said in an interview.

“The beauty as well is that Quebec and Ontario are amongst the cleanest grids around.”

The majority of Ontario's power comes from nuclear energy while the majority of Quebec's energy comes from hydroelectric power, including Labrador power in regional transmission networks.

The deal works because Ontario and Quebec's energy peaks come at different times, Smith said.

Ontario's energy demands spike in the summer, largely driven by air conditioning on hot days, and the province has occasionally set off-peak electricity prices to provide temporary relief, he said.

Quebec's energy needs peak in the winter, mostly due to electric heating on cold days.

The deal will last 10 years, with reviews along the way to adjust energy amounts based on usage.

“With the increase in energy demand, we must adopt more energy efficiency programs like Peak Perks and intelligent measures in order to better manage peak electricity consumption,” Quebec's Energy Minister Pierre Fitzgibbon wrote in a statement.

Smith said the energy deal is a straight swap, with no payments on either side, and won't reduce hydro bills as the transfer could begin as early as this winter.

Ontario will also be able to bank unused energy to save capacity until it is needed in future years, Smith said.

Both provinces are preparing for future energy needs, as electricity demands are expected to grow dramatically in the coming years with increased demand from industry and the rise of electric vehicles, and Ontario has tabled legislation to lower electricity rates to support consumers.

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Cerro Dominador CSP Plant delivers 110MW concentrated solar power in Chile's Atacama Desert, with 10,600 heliostats, 17.5-hour molten salt storage, and 24/7 dispatchable energy; built by Acciona and Abengoa within a 210MW complex.

Key Points

A 110MW CSP solar-thermal plant in Chile with heliostats and 17.5h molten salt storage, delivering 24/7 dispatchable clean power.

✅ 110MW CSP with 17.5h molten salt for 24/7 dispatch

✅ 10,600 heliostats; part of a 210MW hybrid CSP+PV complex

✅ Built by Acciona and Abengoa; first of its kind in LatAm

A consortium formed by Spanish groups Abengoa and Acciona, as Spain's renewable sector expands with Enel's 90MW wind build activity, has signed a contract to complete the construction of the 110MW Cerro Dominador concentrated solar power (CSP) plant in Chile.

The consortium received notice to proceed to build the solar-thermal plant, which is part of the 210MW Cerro Dominador solar complex.

Under the contract, Acciona, which has 51% stake in the consortium and recently launched a 280 MW Alberta wind farm, will be responsible for building the plant while Abengoa will act as the technological partner.

Expected to be the first of its kind in Latin America upon completion, the plant is owned by Cerro Dominador, which in turn is owned by funds managed by EIG Global Energy Partners.

The project will add to a Abengoa-built 100MW PV plant, comparable to California solar projects in scope, which was commissioned in February 2018, to form a 210MW combined CSP and PV complex.

Spread across an area of 146 hectares, the project will feature 10,600 heliostats and will have capacity to generate clean and dispatachable energy for 24 hours a day using its 17.5 hours of molten salt storage technology, a field complemented by battery storage advances.

Expected to prevent 640,000 tons of CO2 emission, the plant is located in the commune of María Elena, in the Atacama Desert, in the Antofagasta Region.

“In total, the complex will avoid 870,000 tons of carbon dioxide emissions into the atmosphere every year and, in parallel with Enel's 450 MW U.S. wind operations, will deliver clean energy through 15-year energy purchase agreements with distribution companies, signed in 2014.

“The construction of the solarthermal plant of Cerro Dominador will have an important impact on local development, with the creation of more than 1,000 jobs in the area during its construction peak, and that will be priority for the neighbors of the communes of the region,” Acciona said in a statement.

The Cerro Dominador plant represents Acciona’s fifth solar thermal plant being built outside of Spain. The firm has constructed 10 solarthermal plants with total installed capacity of 624MW.

Acciona has been operating in Chile since 1993. The company, through its Infrastructure division, executed various construction projects for highways, hospitals, hydroelectric plants and infrastructures for the mining sector.

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Enel Green Power España Aragon wind farms advance Spain's renewable energy transition, with 90MW under construction in Teruel, Endesa investment of €88 million, 25-50MW turbines, and 2017 auction-backed capacity enhancing grid integration and clean power.

Key Points

They are three Teruel wind projects totaling 90MW, part of Endesa's 2017-awarded plan expanding Spain's clean energy.

✅ 90MW across Sierra Costera I, Allueva, and Sierra Pelarda

✅ €88m invested; 14+7+4 turbines; Endesa-led build in Teruel

✅ Part of 2017 tender: 540MW wind, 339MW solar, nationwide

Enel Green Power Espana, part of Enel's wind projects worldwide, has started constructing three wind farms in Aragon, north-east Spain, which are due online by the end of the year.

The projects, all situated in the Teruel province, are worth a total investment of €88 million.

The biggest of the facilities, Sierra Costera I, will have a 50MW and will feature 14 turbines.

The wind farm is spread across the municipalities of Mezquita de Jarque, Fuentes Calientes, Canada Vellida and Rillo.

The Allueva wind facility will feature seven turbines and will exceed 25MW.

Sierra Pelarda, in Fonfria, will have four turbines and a capacity of 15MW, as advances in offshore wind turbine technology continue to push scale elsewhere.

The projects bring the total number of wind farms that Enel Green Power Espana has started building in the Teruel province to six, equal to an overall capacity of 218MW.

Endesa chief executive Jose Bogas said: “These plants mark the acceleration on a new wave of growth in the renewable energy space that Endesa is committed to pursue in the next years, driving the energy transition in Spain.”

The six wind farms under construction in Teruel are part of the 540MW that Enel Green Power Espana was awarded in the Spanish government's renewable energy tender held in May 2017.

In Aragon, the company will invest around €434 million euros, reflecting broader European wind power investment trends in recent years, to build 13 wind farms with a total installed capacity of more than 380MW.

The remaining 160MW of wind capacity will be located in Andalusia, Castile-Leon, Castile La Mancha and Galicia, even as some Spanish turbine factories closed during pandemic restrictions.

Enel Green Power Espana was also awarded 339MW of solar capacity in the Spanish government's auction held in July 2017, while other Spanish developers advance CSP projects abroad in markets like Chile.

Once all wind and solar under the 2017 tender are complete they will boost the company’s capacity by around 52%.

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