Utility dispute with FEMA unresolved

By Associated Press


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A group of electric utilities in Kansas has so far been unable to resolve differences with the Federal Emergency Management Agency over how to proceed with repairs to facilities damaged in December's ice storm.

The 26 Kansas utilities involved provide electric service to more than 300,000 residents. Several meetings between the municipal and cooperative electric utilities and FEMA have been aimed at resolving how to pay for replacing or repairing the damaged facilities.

The utilities contend they have line sections that need to be replaced, but FEMA disputes the extent of the damage, Stuart Lowry of Kansas Electric Cooperatives Inc. said.

Lowry said FEMA has proposed additional inspections to identify the damage more thoroughly.

"Our primary concern is to get these damaged systems back and operating at pre-disaster conditions very soon," said Colin Hansen of Kansas Municipal Utilities. "Unfortunately, the process outlined by FEMA does not get us to that point."

But FEMA said the utilities have not provided the agency with evidence that the facilities need replacing.

"It's the responsibility of the applicant to show us the damage," said Anita Westervelt, external affairs officer for FEMA. "We restore to predisaster design and conditions. We do not rebuild unless something is totally destroyed.

"We don't come to a disaster to not give people money," she added. "We come to give them every dollar that we can validate they're eligible for."

Westervelt said FEMA has paid about $52 million for repairs from the storm that hit much of Kansas on Dec. 6, 2007, and intensified on Dec. 10. More than 115,000 households lost power.

KEC said the state has estimated damage to be about $340 million for electric cooperatives in the state and that the money authorized so far did not return the electrical systems to pre-disaster condition.

Lowry said the required inspections could take up to a year, and that the detailed inspections could result in conductor breaks and outages.

"We have already provided FEMA with photographs, engineering studies, inspection reports, inventory reports, outage data and other information to document the extent of the damage, so we certainly don't welcome the additional delay the new inspections will cause," Lowry said.

But Westervelt said FEMA is governed by statutes and congressional mandates and that its requirements are reasonable.

"They think we should take their electrical engineering reports at face value," she said. "But by law, we cannot without validating."

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Experts warn Albertans to lock in gas and electricity rates as prices set to soar

Alberta Energy Price Spike signals rising electricity and natural gas costs; lock in fixed rates as storage is low, demand surged in heat waves, and exports rose after Hurricane Ida, driving volatility and higher futures.

 

Key Points

An anticipated surge in Alberta electricity and natural gas prices, urging consumers to lock fixed rates to reduce risk.

✅ Fixed-rate gas near $3.79/GJ vs futures approaching $6/GJ

✅ Low storage after heat waves and U.S. export demand

✅ Switch providers or plans; UCA comparison tool helps

 

Energy economists are warning Albertans to review their gas and electricity bills and lock in a fixed rate if they haven't already done so because prices are expected to spike in the coming months.

"I have been urging anyone who will listen that every single Albertan should be on a fixed rate for this winter," University of Calgary energy economist Blake Shaffer said Monday. "And I say that for both natural gas and power."

Shaffer said people will rightly point out energy costs make up only roughly a third of their monthly bill. The rest of the costs for such things as delivery fees can't be avoided. 

But, he said, "there is an energy component and it is meaningful in terms of savings." 

For example, Shaffer said, when he checked last week, a consumer could sign a fixed rate gas contract for $3.79 a gigajoule and the current future price for gas is nearly $6 a gigajoule.

A typical household would use about 15 gigajoules a month, he said, so a consumer could save $30 to $45 a month for five months. For people on lower or fixed incomes, "that is a pretty significant saving."

Comparable savings can also be achieved with electricity, he said.

Shaffer said research has shown households that are least able to afford sharp increases in gas and electrical bills are less likely to pick up the phone and call their energy provider and either negotiate a lower fixed rate contract or jump to a new provider. 

But, he said, it is definitely worth the time and effort, particularly as Calgary electricity bills are rising across the city. Alberta's Utilities Consumer Advocate has a handy cost comparison tool on its website that allows consumers to conduct regional price comparisons that will assist in making an informed decision.

"Folks should know that for most providers you can change back to a floating rate any time you want," Shaffer said.

Summer heat wave affected natural gas supply
Why are energy prices set to spike in Alberta, which is a major producer of natural gas?

Sophie Simmonds, managing director of the brokerage firm Anova Energy, said Alberta is now generating the majority of its power using natural gas. 

The heat wave in June and July created record electrical demand. Normally, natural gas is stored in the summer for use in the winter. But this year, there was much greater gas consumption in the summer and so less was stored. 

Alberta also set a new electricity usage record during a recent deep freeze, underscoring system stress.

On top of that, Alberta has been exporting much more natural gas to the United States since August and September because Hurricane Ida knocked out natural gas assets in the Gulf of Mexico.

"So what this means is we are actually going into winter with very, very low storage numbers," Simmonds said.

Why natural gas prices have surged to some of their highest levels in years
Canadians to remain among world's top energy users even as government strives for net zero
Consultant Matt Ayres said he believes rising electricity prices also are being affected by Alberta's transition from carbon-intensive fuel sources to less carbon-intensive fuel sources.

"That transition is not always smooth," said Ayres, who is also an adjunct assistant professor at the University of Calgary's School of Public Policy. 

"It is my view that at least some of the price increases we are seeing on electricity comes down to difficulties imposed by that transition and also by a reduction in competition amongst generators, as well as power market overhaul debates shaping policy." 

In 2019, under the leadership of Premier Jason Kenney the UCP government removed the former NDP government's rate cap on electricity at the time.

The NDP has called for the government to reinstate the cap but the UCP government has dismissed that as unsustainable and unrealistic.

 

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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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UK Emergency energy plan not going ahead

National Grid Demand Flexibility Service helps stabilise the UK grid during tight supply, offering discounts for smart meter users who shift peak-time electricity use, reducing power cut risks amid low wind and import constraints.

 

Key Points

A National Grid scheme paying smart homes to cut peak-time use, easing supply pressure and avoiding power cuts.

✅ Pays volunteers with smart meters to reduce peak demand.

✅ Credits discounts for shifting use to off-peak windows.

✅ Manages tight margins and helps avert UK power cuts.

 

National Grid has decided not to activate a scheme on Tuesday to help the UK avoid power cuts after being poised to do so.

It would have seen some households offered discounts on their electricity bills if they cut peak-time use.

National Grid had been ready to trigger the scheme following a warning that Britain's energy supplies were looking tighter than usual this week.

However, it decided that the measure was not required.

Alerts are sent out automatically when expected supplies drop below a certain level. But they do not mean that blackouts are likely, or that the situation is critical.

National Grid said it was "confident" it would be able to manage margins and "demand is not at risk".

Discounts
Earlier on Monday, the grid operator said it was considering whether to pay households across Britain to reduce their energy use to help out on Tuesday evening.

Under the Demand Flexibility Service (DFS), announced earlier this month, customers that have signed up could get discounts on their bills if they use less electricity in a given window of time.

That could mean delaying the use of a tumble-dryer or washing machine, or cooking dinner in the microwave rather than the oven.

Major suppliers such as Octopus and British Gas are taking part, but only customers that have an electricity smart meter and that have volunteered are eligible. About 14 million UK homes have an electricity smart meter.

The DFS has already been tested twice but has not yet run live.

Octopus, the supplier with the most customers signed up, said that some households had earned more than £4 during the hour-long tests, while the average saving was "well over £1".

It came after forecasts projected a large drop in the amount of power that Britain will be able to import from French nuclear power stations on Monday and Tuesday evenings.

The lack of strong winds to power turbines has also affected how much power can be generated within the UK, and efforts to fast-track grid connections aim to ease constraints.

Such warnings are not unusual - around 12 have been issued and cancelled without issue in the last six years, and other regions such as Canada are seeing grids strained by harsh weather as well.

However, they have become more common this year due to the energy crisis, and the most recent notice was sent out last week.

The situation means that the UK will have to import electricity from other sources on Monday and Tuesday evening.

Supplies are also expected be tight in France, forecasters say.

France has been facing months of problems with its nuclear power plants, which generate around three-quarters of the country's electricity.

More than half of the nuclear reactors run by state energy company EDF have closed due to maintenance problems and technical issues.

It has added to a massive energy crisis in Europe which is facing a winter without gas supplies from Russia.

 

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Ukraine's parliament backs amendments to electricity market law

Ukraine Electricity Market Price Caps empower the regulator, the National Commission, to set marginal prices on day-ahead, intraday, and balancing markets, stabilize competition, support thermal plants, and sustain the heating season via green tariff obligations.

 

Key Points

Regulatory limits set by the National Commission to curb price spikes, ensure competition, and secure heat supply.

✅ Sets marginal prices for day-ahead, intraday, balancing markets

✅ Mitigates collusion risks; promotes effective competition

✅ Ensures TPP operation and heat supply during heating season

 

The Verkhovna Rada, Ukraine's parliament, has adopted at first reading a draft law that proposes giving the National Commission for State Regulation of Energy and Public Utilities the right to set marginal prices in the electricity market, amid EU market revamp plans that aim to reshape pricing, until 2023.

A total of 259 MPs voted for the document at a parliament meeting on Tuesday, November 12, amid electricity import pressures that have tested the grid, according to an Ukrinform correspondent.

Bill No. 2233 introducing amendments to the law on the electricity market provides for the legislative regulation of the mechanism for fulfilling special obligations for the purchase of electricity at a "green" tariff, preventing the uncontrolled growth of electricity prices due to the lack of effective competition, including recent price-fixing allegations that have raised concerns, ensuring heat supply to consumers during the heating period by regulating the issue of the functioning of thermal power plants in the new electricity market.

It is proposed to introduce respective amendments to the law of Ukraine on the electricity market, alongside steps toward synchronization with ENTSO-E to enhance system stability.

In particular, the draft law gives the regulator the right for the period until July 1, 2023 to set marginal prices on the day-ahead market, the intraday market and the balancing market for each trade zone, reflecting similar EU fixed-price contract initiatives being discussed, and to decide on the obligation for producers to submit proposals (applications) for the sale of electricity on the day-ahead market.

Lawmakers think that the adoption of the bill and empowering the regulator to set marginal prices in the relevant segments of the electricity market will prevent, even as rolling back prices in Europe remains difficult for policymakers, "an uncontrolled increase in electricity prices due to the lack of effective competition or collusion between market players, as well as regulate the issue of the functioning of thermal power plants during the autumn and winter period, which is a necessary prerequisite for providing heat to consumers during the heating period."

The new model of the electricity market was launched on July 1 as the UK weighs decoupling gas and power prices to shield consumers, in accordance with the provisions of the law on the electricity market, adopted in 2017.

 

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Southern California Edison Faces Lawsuits Over Role in California Wildfires

SCE Wildfire Lawsuits allege utility equipment and power lines sparked deadly Los Angeles blazes; investigations, inverse condemnation, and stricter utility regulations focus on liability, vegetation management, and wildfire safety amid Santa Ana winds.

 

Key Points

Residents sue SCE, alleging power lines ignited LA wildfires; seeking compensation under inverse condemnation.

✅ Videos cited show sparking lines near alleged ignition points.

✅ SCE denies wrongdoing; probes and inspections ongoing.

✅ Inverse condemnation may apply regardless of negligence.

 

In the aftermath of devastating wildfires in Los Angeles, residents have initiated legal action, similar to other mega-fire lawsuits underway in California, against Southern California Edison (SCE), alleging that the utility's equipment was responsible for sparking one of the most destructive fires. The fires have resulted in significant loss of life and property, prompting investigations into the causes and accountability of the involved parties.

The Fires and Their Impact

In early January 2025, Los Angeles experienced severe wildfires that ravaged neighborhoods, leading to the loss of at least 29 lives and the destruction of approximately 155 square kilometers of land. Areas such as Pacific Palisades and Altadena were among the hardest hit. The fires were exacerbated by arid conditions and strong Santa Ana winds, which contributed to their rapid spread and intensity.

Allegations Against Southern California Edison

Residents have filed lawsuits against SCE, asserting that the utility's equipment, particularly power lines, ignited the fires. Some plaintiffs have presented videos they claim show sparking power lines in the vicinity of the fire's origin. These legal actions seek to hold SCE accountable for the damages incurred, including property loss, personal injury, and emotional distress.

SCE's Response and Legal Context

Southern California Edison has denied any wrongdoing, stating that it has not detected any anomalies in its equipment that could have led to the fires. The utility has pledged to cooperate fully with investigations to determine the causes of the fires. California's legal framework, particularly the doctrine of "inverse condemnation," allows property owners to seek compensation from utilities for damages caused by public services, even without proof of negligence. This legal principle has been central in previous cases involving utility companies and wildfire damages, and similar allegations have arisen in other jurisdictions, such as an alleged faulty transformer case, highlighting shared risks.

Historical Context and Precedents

This situation is not unprecedented. In 2018, Pacific Gas and Electric (PG&E) faced similar allegations when its equipment was implicated in the Camp Fire, the deadliest wildfire in California's history. PG&E's equipment was found to have ignited the fire, and the company later pleaded guilty in the Camp Fire, leading to extensive litigation and financial repercussions for the company, while its bankruptcy plan won support from wildfire victims during restructuring. The case highlighted the significant risks utilities face regarding wildfire safety and the importance of maintaining infrastructure to prevent such disasters.

Implications for California's Utility Regulations

The current lawsuits against SCE underscore the ongoing challenges California faces in balancing utility operations with wildfire prevention, as regulators face calls for action amid rising electricity bills. The state has implemented stricter regulations and oversight, and lawmakers have moved to crack down on utility spending to mitigate wildfire risks associated with utility infrastructure. Utilities are now required to invest in enhanced safety measures, including equipment inspections, vegetation management, and the implementation of advanced technologies to detect and prevent potential fire hazards. These regulatory changes aim to reduce the incidence of utility-related wildfires and protect communities from future disasters.

The legal actions against Southern California Edison reflect the complex interplay between utility operations, public safety, and environmental stewardship. As investigations continue, the outcomes of these lawsuits may influence future policies and practices concerning utility infrastructure and wildfire prevention in California. The state remains committed to enhancing safety measures to protect its residents and natural resources from the devastating effects of wildfires.

 

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Finland Investigates Russian Ship After Electricity Cable Damage

Finland Shadow Fleet Cable Investigation details suspected Russia-linked sabotage of Baltic Sea undersea cables, AIS dark activity, and false-flag tactics threatening critical infrastructure, prompting NATO and EU vigilance against hybrid warfare across Northern Europe.

 

Key Points

Finland probes suspected sabotage of undersea cables by a Russia-linked vessel using flag of convenience and AIS off.

✅ Undersea cable damage in Baltic Sea sparks security alerts

✅ Suspected shadow fleet ship ran AIS dark under false flag

✅ NATO and EU boost maritime surveillance, critical infrastructure

 

In December 2024, Finland launched an investigation into a ship allegedly linked to Russia’s “shadow fleet” following a series of incidents involving damage to undersea cables. The investigation has raised significant concerns in Finland and across Europe, as it suggests possible sabotage or other intentional acts related to the disruption of vital communication and energy infrastructure in the Baltic Sea region. This article explores the key details of the investigation, the role of Russia’s shadow fleet, and the broader geopolitical implications of this event.

The "Shadow Fleet" and Its Role

The term “shadow fleet” refers to a collection of ships, often disguised or operating under false flags, that are believed to be part of Russia's covert maritime operations. These vessels are typically used for activities such as smuggling, surveillance, and potentially military operations, mirroring the covert hacker infrastructure documented by researchers in related domains. In recent years, the "shadow fleet" has been under increasing scrutiny due to its involvement in various clandestine actions, especially in regions close to NATO member countries and areas with sensitive infrastructure.

Russia’s "shadow fleet" operates in the shadows of regular international shipping, often difficult to track due to the use of deceptive practices like turning off automatic identification systems (AIS). This makes it difficult for authorities to monitor their movements and assess their true purpose, raising alarm bells when one of these ships is suspected of being involved in damaging vital infrastructure like undersea cables.

The Cable Damage Incident

The investigation was sparked after damage was discovered to an undersea cable in the Baltic Sea, a vital link for communication, data transmission, and energy supply between Finland and other parts of Europe. These undersea cables are crucial for everything from internet connections to energy grid stability, with recent Nordic grid constraints underscoring their importance, and any disruption to them can have serious consequences.

Finnish authorities reported that the damage appeared to be deliberate, raising suspicions of potential sabotage. The timing of the damage coincides with a period of heightened tensions between Russia and the West, particularly following the escalation of the war in Ukraine, with recent strikes on Ukraine's power grid highlighting the stakes, and ongoing geopolitical instability. This has led many to speculate that the damage to the cables could be part of a broader strategy to undermine European security and disrupt critical infrastructure.

Upon further investigation, a vessel that had been in the vicinity at the time of the damage was identified as potentially being part of Russia’s "shadow fleet." The ship had been operating under a false flag and had disabled its AIS system, making it challenging for authorities to track its movements. The vessel’s activities raised red flags, and Finnish authorities are now working closely with international partners to ascertain its involvement in the incident.

Geopolitical Implications

The damage to undersea cables and the suspected involvement of Russia’s "shadow fleet" have broader geopolitical implications, particularly in the context of Europe’s security landscape. Undersea cables are considered critical infrastructure, akin to electric utilities where intrusions into US control rooms have been documented, and any deliberate attack on them could be seen as an act of war or an attempt to destabilize regional security.

In the wake of the investigation, there has been increased concern about the vulnerability of Europe’s energy and communication networks, which are increasingly reliant on these undersea connections, and as the Baltics pursue grid synchronization with the EU to reduce dependencies, policymakers are reassessing resilience measures. The European Union, alongside NATO, has expressed growing alarm over potential threats to this infrastructure, especially as tensions with Russia continue to escalate.

The incident also highlights the growing risks associated with hybrid warfare tactics, which combine conventional military actions with cyberattacks, including the U.S. condemnation of power grid hacking as a cautionary example, sabotage, and disinformation campaigns. The targeting of undersea cables could be part of a broader strategy by Russia to disrupt Europe’s ability to coordinate and respond effectively, particularly in the context of ongoing sanctions and diplomatic pressure.

Furthermore, the suspected involvement of a "shadow fleet" ship raises questions about the transparency and accountability of maritime activities in the region. The use of vessels operating under false flags or without identification systems complicates efforts to monitor and regulate shipping in international waters. This has led to calls for stronger maritime security measures and greater cooperation between European countries to ensure the safety and integrity of critical infrastructure.

Finland’s Response and Ongoing Investigation

In response to the cable damage incident, Finnish authorities have mobilized a comprehensive investigation, seeking to determine the extent of the damage and whether the actions were deliberate or accidental. The Finnish government has called for increased vigilance and cooperation with international partners to identify and address potential threats to undersea infrastructure, drawing on Symantec's Dragonfly research for insights into hostile capabilities.

Finland, which shares a border with Russia and has been increasingly concerned about its security in the wake of Russia's invasion of Ukraine, has ramped up its defense posture. The damage to undersea cables serves as a stark reminder of the vulnerabilities that come with an interconnected global infrastructure, and Finland’s security services are likely to scrutinize the incident as part of their broader defense strategy.

Additionally, the incident is being closely monitored by NATO and the European Union, both of which have emphasized the importance of safeguarding critical infrastructure. As an EU member and NATO partner, Finland’s response to this situation could influence how Europe addresses similar challenges in the future.

The investigation into the damage to undersea cables in the Baltic Sea, allegedly linked to Russia’s "shadow fleet," has significant implications for European security. The use of covert operations, including the deployment of ships under false flags, underscores the growing threats to vital infrastructure in the region. With tensions between Russia and the West continuing to rise, the potential for future incidents targeting critical communication and energy networks is a pressing concern.

As Finland continues its investigation, the incident highlights the need for greater international cooperation and vigilance in safeguarding undersea cables and other critical infrastructure. In a world where hybrid warfare tactics are becoming increasingly common, ensuring the security of these vital connections will be crucial for maintaining stability in Europe. The outcome of this investigation may serve as a crucial case study in the ongoing efforts to protect infrastructure from emerging and unconventional threats.

 

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