Farm plans to harness wind power

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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Australia Clean Energy Target drives renewables in the National Electricity Market, with RepuTex modelling and the Finkel Review showing lower wholesale prices and emissions as gas generators set prices less often under ambitious targets.

Key Points

Policy boosting low emissions generation to cut electricity emissions and lower wholesale prices across Australia.

✅ Ambitious targets lower wholesale prices through added generation

✅ RepuTex modelling shows renewables displace costly gas peakers

✅ Finkel Review suggests CET cuts emissions and boosts reliability

The more ambitious a clean energy target is, the lower Australian wholesale electricity prices will be, according to new modelling by energy analysis firm RepuTex.

The Finkel review, released last month recommended the government introduce a clean energy target (CET), which it found would cut emissions from the national electricity market and put downward pressure on both wholesale and retail prices, aligning with calls to favor consumers over generators in market design.

The Finkel review only modelled a CET that would cut emissions from the electricity sector by 28% below 2005 levels by 2030. But all available analysis has demonstrated that such a cut would not be enough to meet Australia’s overall emissions reductions made as part of the Paris agreement, which themselves were too weak to help meet the central aim of that agreement – to keep global warming to “well below 2C”.

RepuTex modelled the effect of a CET that cut emissions from the electricity sector by 28% – like that modelled in the Finkel Review – as well as one it said was consistent with 2C of global warming, which would cut emissions from electricity by 45% below 2005 levels by 2030.

It found both scenarios caused wholesale prices to drop significantly compared to doing nothing, despite IEA warnings on falling energy investment that could lead to shortages, with the more ambitious scenario resulting in lower wholesale prices between 2025 and 2030.

In the “business as usual scenario”, RepuTex found wholesale prices would hover roughly around the current price of $100 per MWh.

Under a CET that reduced electricity emissions by 28%, prices would drop to under $40 around 2023, and then rise to nearly $60 by 2030.

The more ambitious CET had a broadly similar effect on wholesale prices. But RepuTex found it would drive prices down a little slower, but then keep them down for longer, stabilising at about $40 to $50 for most of the 2020s.

It found a CET would drive prices down by incentivising more generation into the market. The more ambitious CET would further suppress prices by introducing more renewable energy, resulting in expensive gas generators less often being able to set the price of electricity in the wholesale market, a dynamic seen with UK natural gas price pressures recently.

The downward pressure of a CET on wholesale prices was more dramatic in the RepuTex report than in Finkel’s own modelling. But that was largely because, as Alan Finkel himself acknowledged, the estimates of the costs of renewable energy in the Finkel review modelling were conservative.

Speaking at the National Press Club, Finkel said: “We were conservative in our estimates of wind and large-scale solar generator prices. Indeed, in recent months the prices for wind generation have already come in lower than what we modelled.”

The RepuTex modelling also found the economics of the national electricity market no longer supported traditional baseload generation – such as coal power plants that were unable to respond flexibly to demand, with debates over power market overhauls in Alberta underscoring similar tensions – and so they would not be built without the government distorting the market.

“With a premium placed on flexible generation that can ramp up or down, baseload only generation – irrespective of how clean or dirty it is – is likely to be too inflexible to compete in Australia’s future electricity system,” the report said.

“In this context, renewable energy remains attractive to the market given it is able to deliver energy reliability, with no emissions, at low cost prices, with clean grid and battery trends in Canada informing the shift for policymakers. This affirms that renewables are a lay down misere to out-compete traditionally fossil-fuel sources in Australia for the foreseeable future.”

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BC-Alberta Transmission Intertie enables clean hydro to balance wind and solar, expanding transmission capacity so Site C hydro can dispatch power, cut emissions, lower costs, and accelerate electrification across provincial grids under federal climate policy.

Key Points

A cross-provincial grid link using BC hydro to firm Alberta wind and solar, cutting emissions and costs.

✅ Balances variable renewables with dispatchable hydro from Site C.

✅ Enables power trade: peak exports, low-cost wind imports.

✅ Lowers decarbonization costs and supports electrification goals.

By Mark Jaccard

Lost in the news and noise of the federal government's newly announced $170-per-tonne carbon tax was a single, critical sentence in Canada's updated climate plan, one that signals a strategy that could serve as the cornerstone for a future free of greenhouse gas emissions.

"The government will work with provinces and territories to connect parts of Canada that have abundant clean hydroelectricity with parts that are currently more dependent on fossil fuels for electricity generation — including by advancing strategic intertie projects."

Why do we think this one sentence is so important? And what has it got to do with the controversial Site C project Site C electricity debate under construction in British Columbia?

The answer lies in the huge amount of electricity we'll need to generate in Canada to achieve our climate goals for 2030 and 2050. Even while we aggressively pursue energy efficiency, our electric cars, buses and perhaps trucks in Canada's net-zero race will need a huge amount of new electricity, as will our buildings and industries. 

Luckily, Canada is blessed with an electricity system that is the envy of the world — already over 80 per cent zero emission, the bulk being from flexible hydro-electricity, with a backbone of nuclear power largely in Ontario, a national electricity success and rapidly growing shares of cheap wind and solar. 

Provincial differences
Yet the story differs significantly from one province to another. While B.C.'s electricity is nearly emissions free, the opposite is true of its neighbour, Alberta, where more than 80 per cent still comes from fossil fuels. This, despite an impressive shift away from coal power in recent years.

Now imagine if B.C. and Alberta were one province.

This might sound like the start of a bad joke, or a horror movie to some, but it's the crux of new research by a trio of energy economists who put a fine point on the value of such co-operation.

The study, by Brett Dolter, Kent Fellows and Nic Rivers, takes a detailed look at the economic case for completing Site C, BC Hydro's controversial large hydro project under construction, and makes three key conclusions.

First, they argue Site C should likely not have been started in the first place. Only a narrow set of assumptions can now justify its total cost. But what's done is done, and absent a time machine, the decision to complete the dam rests on go-forward costs.

On that note, their second conclusion is no more optimistic. Considering the cost to complete the project, even accounting for avoiding termination costs should it be cancelled, they find the economics of completing Site C over-budget status to be weak. If the New York Times had a Site C needle in the style of the newspaper's election visual, it would be "leaning cancel" at this point.

In Alberta, more than 80 per cent of the electricity still comes from fossil fuels, despite an impressive shift away from coal power in recent years. (CBC)
But it is their third conclusion that stands out as worthy of attention. They argue there is a case for completing Site C if the following conditions are met:

B.C. and Alberta reduce their electricity sector emissions by more than 75 per cent (this really means Alberta, given B.C.'s already clean position); and

B.C. and Alberta expand their ability to move electricity between their respective provinces by building new transmission lines.

Let's deal with each of these in turn.

On Condition 1, we give an emphatic: YES! Reducing electricity emissions is an absolute must to meet climate pledges if Canada is to come even close to achieving its net-zero goals. As noted above, a clean electricity grid will be the cornerstone of a decarbonized economy as we generate a great deal more power to electrify everything from industrial processes to heating to transportation and more. 

Condition 2 is more challenging. Talk of increasing transmission connections across Canada, including Hydro-Québec's U.S. strategy has been ongoing for over 50 years, with little success to speak of. But this time might well be different. And the implications for a completed Site C, should the government go that route, are profound.

Wind and solar costs rapidly declining
Somewhat ironically, the case for Site C is made stronger by the rapidly declining costs of two of its apparent renewable competitors: wind and solar.

The cost of wind and solar generation has fallen by 70 per cent and 90 per cent, respectively, a dramatic decline in the past 10 years. No longer can these variable sources of power be derided as high cost; they are unequivocally the cheapest sources of raw energy in electricity systems today.

However, electricity system operators must deal with their "non-dispatchability," a seemingly complicated term that simply means they produce electricity only when the sun shines and the wind blows, which is not necessarily when electricity customers want their electricity delivered (dispatched) to them. And because of this characteristic, the value of dispatchable electricity sources, like a completed Site C, will grow as a complement to wind and solar. 

Thus, as Alberta's generation of cheap wind and solar grows, so too does the value of connecting it with the firm, dispatchable resources available in B.C.

Rather than displacing wind and solar, large hydro facilities with the ability to increase or decrease output on short notice can actually enable more investment in these renewable sources. Expanding the transmission connection, with Site C on one side of that line, becomes even more valuable.

Many in B.C. might read this and rightly ask themselves, why should we foot the bill for this costly project to help out Albertans? The answer is that it won't be charity — B.C. will get paid handsomely for the power it delivers in peak periods and will be able to import wind power at low prices from Alberta in other times. B.C. will benefit greatly from these gains of trade.

Turning to Alberta, why should Albertans support B.C. reaping these gains? The answer is two-fold.

First, Site C will actually enable more low-cost wind and solar to be built in Alberta due to hydro's ability to balance these non-dispatchable renewables. Jobs and economic opportunity will occur in Alberta from this renewable energy growth.

Second, while B.C. imports won't come cheap, they will be less costly than the decarbonization alternatives Alberta would need without B.C.'s flexible hydro, as the economists' study shows. This means lower overall costs to Alberta's power consumers.

A clear role for Ottawa
To be sure, there are challenges to increasing the connectedness of B.C. and Alberta's power systems, not least of which is BC Hydro being a regulated, government-owned monopoly while Alberta is a competitive market amongst private generators. Some significant accommodations in climate policy and grids will be needed to ensure both sides can compete and benefit from trade on an equal footing.

There is also the pesky matter of permitting and constructing thousands of kilometres of power lines. Getting linear energy infrastructure built in Canada has not exactly been our forte of late.

We are not naive to the significant challenges in such an approach, but it's not often that we see such a clear narrative for beneficial climate action that, when considered at the provincial level, is likely to be thwarted, but when considered more broadly can produce a big win.

It's the clearest example yet of a role for the federal government to bridge the gap, to facilitate the needed regulatory conversations, and, let's be frank, to bring money to the table to make the line happen. Neither provincial side is likely to do it on their own, nor, as history has shown, are they likely to do it together. 

For a government committed to reducing emissions, and with a justified emphasis on the electricity sector, the opportunity to expand the Alberta-B.C. transmission intertie, leveraging the flexibility of B.C.'s hydro with the abundance of wind and solar potential on the Prairies, offers a potential massive decarbonization win for Western Canada that is too good to ignore.

Mark Jaccard, a professor at Simon Fraser University, and Blake Shaffer, a professor at the University of Calgary

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NEIMA advances NRC regulatory modernization, creating a licensing framework for advanced reactors, improving uranium permitting, capping reactor fees, and mandating DOE planning for excess uranium, boosting transparency, accountability, and innovation across the US nuclear sector.

Key Points

NEIMA is a US law modernizing NRC rules and enabling advanced reactor licensing while reforming fees.

✅ Modernizes NRC licensing for advanced reactors

✅ Caps annual reactor fees and boosts transparency

✅ Streamlines uranium permitting; directs DOE plans

Bipartisan legislation modernising US nuclear regulation and supporting the establishment of a licensing framework for next-generation advanced reactors has been signed by US President Donald Trump, whose order boosting U.S. uranium and nuclear energy underscored the administration's focus on the sector.

The Nuclear Energy Innovation and Modernisation Act (NEIMA) became law on 14 January.

As well as directing the Nuclear Regulatory Commission (NRC) to modify the licensing process for commercial advanced nuclear reactor facilities, the bill establishes new transparency and accountability measures to the regulator's budget and fee programmes, and caps fees for existing reactors. It also directs the NRC to look at ways of improving the efficiency of uranium licensing, including investigating the safety and feasibility of extending uranium recovery licences from ten to 20 years' duration, and directs the Department of Energy, which oversees nuclear cleanup and related projects, to issue at least every ten years a long-term plan detailing the management of its excess uranium inventories.

Maria Korsnick, president and CEO of the US Nuclear Energy Institute, described NEIMA as a "significant, positive step" toward the reform of the NRC's fee collection process. "This legislation establishes a more equitable and transparent funding structure which will benefit all operating reactors and future licensees," she said. "The bill also reaffirms Congress’s support for nuclear innovation by working to establish an efficient and stable regulatory structure that is prepared to license the advanced reactors of the future."

Marilyn Kray, president-elect of the American Nuclear Society, said the passage of the legislation was a "big win" for the nation and its nuclear community. "By reforming outdated laws, NRC will now be able to invest more freely in advanced nuclear R&D and licensing activities. This in turn will accelerate deployment of cutting-edge American nuclear systems and better prepare the next generation of nuclear engineers and technologists," she said.

The bill was introduced in 2017 by Senator John Barrasso of Wyoming. It was approved by Congress on 21 December by 361 votes to 10, having been passed by the Senate the previous day, even as later Biden's climate law developments produced mixed results.

NEIMA is one of several bipartisan bills that support advanced nuclear innovation considered by the 115th US Congress, which ended on 2 January. These are: the Nuclear Energy Innovation Capabilities Act (NEICA); the Nuclear Energy Leadership Act; the Nuclear Utilisation of Keynote Energy Act; the Advanced Nuclear Fuel Availability Act, a focus sharpened by the U.S. ban on Russian uranium in the fuel market; and legislation to expedite so-called part 810 approvals, which are needed for the export of technology, equipment and components. NEICA, which supports the deployment of advanced reactors and also directs the DOE to develop a reactor-based fast neutron source for the testing of advanced reactor fuels and materials, was signed into law in October.

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Spain 2050 Renewable Energy Plan drives decarbonisation with wind and solar, energy efficiency, fossil fuel bans, and Paris Agreement targets, enabling net-zero power, emissions cuts, and just transition measures for workers and coal regions.

Key Points

A roadmap to 100 percent renewable power by 2050, deep emissions cuts, and a just transition aligned with Paris goals.

✅ Adds 3,000 MW of wind and solar each year through 2030

✅ Bans new fossil fuel drilling, hydrocarbon extraction, and fracking

✅ Targets 35% energy efficiency gains and 35% green power by 2030

Spain has launched an ambitious plan to switch its electricity system entirely to renewable sources, similar to California's 100% clean electricity mandate, by 2050 and completely decarbonise its economy soon after.

By mid-century, as EU electricity demand projections suggest increases, greenhouse gas emissions would be slashed by 90% from 1990 levels under Spain’s draft climate change and energy transition law.

To do this, the country’s social democratic government is committing to installing at least 3,000MW of wind and solar power capacity every year in the next 10 years ahead.

New licences for fossil fuel drills, hydrocarbon exploitation and fracking wells, will be banned, and a fifth of the state budget will be reserved for measures that can mitigate climate change. This money will ratchet upwards from 2025.

Christiana Figueres, a former executive secretary of the UN’s framework convention on climate change (UNFCCC), hailed the draft Spanish law as “an excellent example of the Paris agreement”. She added: “It sets a long-term goal, provides incentives on scaling up emissions technologies and cares about a good transition for the workforce.”

Under the plan, “just transition” contracts will be drawn up, similar to the £220m package announced in October, that will shut most Spanish coalmines in return for a suite of early retirement schemes, re-skilling in clean energy jobs, and environmental restoration. These deals will be partly financed by auction returns from the sale of emissions rights.

The government has already scrapped a controversial “sun tax” that halted Spain’s booming renewables sector earlier this decade, even as IEA analysis finds solar the cheapest electricity worldwide, and the new law will also mandate a 35% electricity share for green energy by 2030.

James Watson, chief executive of the SolarPower Europe trade association, said the law was “a wake-up call to the rest of the world” amid debate on the global energy transition today.

Energy efficiency will also be improved by 35% within 11 years, and government and public sector authorities will be able to lease only buildings that have almost zero energy consumption.

Laurence Tubiana, chief executive of the European Climate Foundation, and former French climate envoy who helped draft the Paris accord, described the agreement as groundbreaking and inspirational. “By planning on going carbon neutral, Spain shows that the battle against climate change is deadly serious, that they are ready to step up and plan to reap the rewards of decarbonisation,” she said.

However, the government’s hold on power is fragile. With just a quarter of parliamentary seats it will depend on the more leftwing Podemos and liberal Ciudadanos parties to pass the climate plan.

No dates were included in the legislation for phaseouts of coal or nuclear energy, and, echoing UK net zero policy shifts, a ban on new cars with petrol or diesel engines was delayed until 2040.

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Alberta Solar Energy Contracts secure low-cost photovoltaic PPAs for government operations, delivering renewable electricity at 4.8 cents/kWh, beating natural gas LCOE, enhancing summer grid efficiency across Hays, Tilley, and Jenner with Canadian Solar.

Key Points

Low-cost PV power agreements meeting 55% of Alberta government electricity demand via new Canadian Solar facilities.

✅ Price: 4.8 cents/kWh CAD, under gas-fired generation LCOE.

✅ Sites: Hays, Tilley, Jenner; 50% equity with Conklin Métis Local #193.

✅ Supplies 55% of provincial government electricity demand.

Three new solar electricity facilities to be built in south eastern Alberta (Canada) amid Alberta's solar growth have been selected through a competitive process to supply the Government of Alberta with 55 per cent of their annual electricity needs. The facilities will be built near Hays, Tilley, and Jenner, by Canadian Solar with Conklin Métis Local #193 as 50-percent equity owners.

The Government of Alberta's operations have been powered 100 per cent with wind power since 2007. Upon the expiration of some of these contracts, they have been renewed to switch from wind to solar energy. The average contract pricing will be $0.048 per kilowatt hour (3.6 cents/kWh USD), which is less than the average historical wholesale power pool price paid to natural gas-fired electricity in the province in years 2008 - 2018.

"The conversation about solar energy has long been fixated on its price competitiveness with fossil fuels," said John Gorman, CanSIA President & CEO. "Today's announcement demonstrates that low cost solar energy has arrived as a mainstream option in Alberta, even as demand for solar lags in Canada according to federal assessments. The conversation should next focus on how to optimize an all-of-the-above strategy for developing the province's renewable and non-renewable resources."

"This price discovery is monumental for the solar industry in Canada" said Patrick Bateman, CanSIA Director of Policy & Market Development. "At less than five cents per kilowatt hour, this solar electricity has a cost that is less than that of natural gas. Achieving Alberta's legislated 30 per cent by 2030 renewable electricity target just became a whole lot cheaper!".

Quick Facts:

• The contract price of 4.8 cents/kWh CAD to be paid by Alberta Infrastructure for this solar electricity represents a lower Levelized Cost of Electricity (LCOE) than the average annual wholesale price paid by the power pool to combined-cycle and single-cycle natural gas-fired electricity generation which was 7.1 cents/kWh and 11.2 cents/kWh respectively from 2008 - 2018.

• Alberta receives more hours of sunshine than Miami, Florida in the summer months. Alberta's electricity supply is most strained in summer, highlighting challenges for solar expansion when high temperatures increase the resistance of the distribution and transmission systems, and reduce the efficiency of cooling thermal power plants. For this reason, solar facilities sited near to electricity demand improves overall grid efficiency. Supply shortages are atypical in Alberta in winter when solar energy is least available. When they do occur, imports are increased and large loads are decreased.

• In 2018, Alberta's solar electricity generation exceeded 50 MW. While representing much less than 1% of the province's electricity supply today, the Canadian Solar Industries Association (CanSIA) forecasts that solar energy could supply as much as 3 per cent of the province's electricity by 2030, supporting renewable energy job growth across Alberta. A recent supply chain study of the solar electricity sector in Alberta by Solas Energy Consulting Inc. found a potential of $4.1 billion in market value and a labour force rising to 10,000 in 2030.

To learn more about solar energy and the best way for consumers to go solar, please visit the Canadian Solar Industries Association at www.CanSIA.ca.

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