People near nuke plants donÂ’t mind new ones: study

By Reuters


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People living near nuclear power stations in Britain tend to support construction of new plants in their communities, according to findings which could ease the government's plan for new facilities.

But much of the support comes with reservations, making it crucial for the government and energy companies to engage local communities, according to a survey presented to Britain's Royal Society.

This requires more than the traditional "decide and defend" approach to choosing new locations, said Nick Pidgeon, a psychologist at Cardiff University and Peter Simmons of the University of East Anglia in Norwich, who led the survey.

"The views of people living in these areas is quite complicated and it isn't as simple as 'for' or 'against,' Simmons told a news conference. "The way this is done is going to be very important."

The results of the five-year study follow French utility EDF's 12.5 billion pound ($22.5 billion) agreed bid for British Energy, which operates Britain's eight nuclear power stations.

The British government gave the green light to nuclear power stations earlier this year, saying they would help meet climate change targets and reduce dependence on imported energy and dwindling North Sea oil and gas supplies.

The eight existing British Energy plants all have ready-made infrastructure and ample space around them to make promising sites for next-generation facilities.

"It is becoming clear... that initial proposals for new nuclear build will include existing nuclear sites," the researchers said in their report.

The five-year survey included residents of three communities living within 10 miles of three nuclear plants in Britain, a number of whom knew people working in the facilities.

About a third of residents said they believed the plants were safe and reported trust in local operators to keep the plants safe. Another nearly 40 percent viewed nuclear power as risky but accepted it as a way to address climate change and energy security needs.

A further 12 percent said their was no point worrying while 16 percent of respondents said the risks of nuclear power far outweighed any benefits. These people also had little faith in the nuclear industry and government.

The researchers also noted that communities without nuclear plants usually put up fierce opposition to proposals for such facilities, making it logical the government will seek existing locations.

But while people living near nuclear plants overwhelmingly supported the idea of new facilities, the fact that a significant number of them only offered qualified backing means the government could easily run into roadblocks.

"Nearly 40 percent were expressing conditional support, which is much more vulnerable to change," Simmons said. "The way these (decisions) are conducted is going to be very important.

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Group of premiers band together to develop nuclear reactor technology

Small Modular Reactors in Canada are advancing through provincial collaboration, offering nuclear energy, clean power and carbon reductions for grids, remote communities, and mines, with factory-built modules, regulatory roadmaps, and pre-licensing by the nuclear regulator.

 

Key Points

Compact, factory-built nuclear units for clean power, cutting carbon for grids, remote communities, and industry.

✅ Provinces: Ontario, Saskatchewan, New Brunswick collaborate

✅ Targets coal replacement, carbon cuts, clean baseload power

✅ Modular, factory-made units; 5-10 year deployment horizon

 

The premiers of Ontario, Saskatchewan and New Brunswick have committed to collaborate on developing nuclear reactor technology in Canada. 

Doug Ford, Scott Moe and Blaine Higgs made the announcement and signed a memorandum of understanding on Sunday in advance of a meeting of all the premiers. 

They will be working on the research, development and building of small modular reactors as a way to help their individual provinces reduce carbon emissions and move away from non-renewable energy sources like coal. 

Small modular reactors are easy to construct, are safer than large reactors and are regarded as cleaner energy than coal, the premiers say. They can be small enough to fit in a school gym. 

SMRs are actually not very close to entering operation in Canada, though Ontario broke ground on its first SMR at Darlington recently, signaling early progress. Natural Resources Canada released an "SMR roadmap" last year, with a series of recommendations about regulation readiness and waste management for SMRs.

In Canada, about a dozen companies are currently in pre-licensing with the Canadian Nuclear Safety Commission, which is reviewing their designs.

"Canadians working together, like we are here today, from coast to coast, can play an even larger role in addressing climate change in Canada and around the world," Moe said.  

Canada's Paris targets are to lower total emissions 30 per cent below 2005 levels by 2030, and nuclear's role in climate goals has been emphasized by the federal minister in recent remarks. Moe says the reactors would help Saskatchewan reach a 70 per cent reduction by that year.

The provinces' three energy ministries will meet in the new year to discuss how to move forward and by the fall a fully-fledged strategy for the reactors is expected to be ready.

However, don't expect to see them popping up in a nearby field anytime soon. It's estimated it will take five to 10 years before they're built. 

Ford lauds economic possibilities
The provincial leaders said it could be an opportunity for economic growth, estimating the Canadian market for this energy at $10 billion and the global market at $150 billion.

Ford called it an "opportunity for Canada to be a true leader." At a time when Ottawa and the provinces are at odds, Higgs said it's the perfect time to show unity. 

"It's showing how provinces come together on issues of the future." 

P.E.I. premier predicts unity at Toronto premiers' meeting
No other premiers have signed on to the deal at this point, but Ford said all are welcome and "the more, the merrier."

But developing new energy technologies is a daunting task. Higgs admitted the project will need national support of some kind, though he didn't specify what. The agreement signed by the premiers is also not binding. 

About 8.6 per cent of Canada's electricity comes from coal-fired generation. In New Brunswick that figure is much higher — 15.8 per cent — and New Brunswick's small-nuclear debate has intensified as New Brunswick Premier Blaine Higgs has said he worries about his province's energy producers being hit by the federal carbon tax.

Ontario has no coal-fired power plants, and OPG's SMR commitment aligns with its clean electricity strategy today. In Saskatchewan, burning coal generates 46.6 per cent of the province's electricity.

How would it work?
The federal government describes small modular reactors (SMRs) as the "next wave of innovation" in nuclear energy technology, and collaborations like the OPG and TVA partnership are advancing development efforts, and an "important technology opportunity for Canada."

Traditional nuclear reactors used in Canada typically generate about 800 megawatts of electricity, and Ontario is exploring new large-scale nuclear plants alongside SMRs, or enough to power about 600,000 homes at once (assuming that 1 megawatt can power about 750 homes).

The International Atomic Energy Agency (IAEA), the UN organization for nuclear co-operation, considers a nuclear reactor to be "small" if it generates under 300 megawatts.

Designs for small reactors ranging from just 3 megawatts to 300 megawatts have been submitted to Canada's nuclear regulator, the Canadian Nuclear Safety Commission, for review as part of a pre-licensing process, while plans for four SMRs at Darlington outline a potential build-out pathway that regulators will assess.

Ford rallying premiers to call for large increase in federal health transfers
Such reactors are considered "modular" because they're designed to work either independently or as modules in a bigger complex (as is already the case with traditional, larger reactors at most Canadian nuclear power plants). A power plant could be expanded incrementally by adding additional modules.

Modules are generally designed to be small enough to make in a factory and be transported easily — for example, via a standard shipping container.

In Canada, there are three main areas where SMRs could be used:

Traditional, on-grid power generation, especially in provinces looking for zero-emissions replacements for CO2-emitting coal plants.
Remote communities that currently rely on polluting diesel generation.
Resource extraction sites, such as mining and oil and gas.
 

 

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Are Norwegian energy firms ‘best in class’ for environmental management?

CO2 Tax for UK Offshore Energy Efficiency can accelerate adoption of aero-derivative gas turbines, flare gas recovery, and combined cycle power, reducing emissions on platforms like Equinor's Mariner and supporting net zero goals.

 

Key Points

A carbon price pushing operators to adopt efficient turbines, flare recovery, and combined cycle to cut emissions.

✅ Aero-derivative turbines beat industrial units on efficiency

✅ Flare gas recovery cuts routine flaring and fuel waste

✅ Combined cycle raises efficiency and lowers emissions

 

By Tom Baxter

The recent Energy Voice article from the Equinor chairman concerning the Mariner project heralding a ‘significant point of reference’ for growth highlighted the energy efficiency achievements associated with the platform.

I view energy efficiency as a key enabler to net zero, and alongside this the UK must start large-scale storage to meet system needs; it is a topic I have been involved with for many years.

As part of my energy efficiency work, I investigated Norwegian practices and compared them with the UK.

There were many differences, here are three;


1. Power for offshore installations is usually supplied from gas turbines burning fuel from the oil and gas processing plant, and even as the UK's offshore wind supply accelerates, installations convert that to electricity or couple the gas turbine to a machine such as a gas compressor.

There are two main generic types of gas turbine – aero-derivative and industrial. As the name implies aero-derivatives are aviation engines used in a static environment. Aero-derivative turbines are designed to be energy efficient as that is very import for the aviation industry.

Not so with industrial type gas turbines; they are typically 5-10% less efficient than a comparable aero-derivative.

Industrial machines do have some advantages – they can be cheaper, require less frequent maintenance, they have a wide fuel composition tolerance and they can be procured within a shorter time frame.

My comparison showed that aero-derivative machines prevailed in Norway because of the energy efficiency advantages – not the case in the UK where there are many more offshore industrial gas turbines.

Tom Baxter is visiting professor of chemical engineering at Strathclyde University and a retired technical director at Genesis Oil and Gas Consultants


2. Offshore gas flaring is probably the most obvious source of inefficient use of energy with consequent greenhouse gas emissions.

On UK installations gas is always flared due to the design of the oil and gas processing plant.

Though not a large quantity of gas, a continuous flow of gas is routinely sent to flare from some of the process plant.

In addition the flare requires pilot flames to be maintained burning at all times and, while Europe explores electricity storage in gas pipes, a purge of hydrocarbon gas is introduced into the pipes to prevent unsafe air ingress that could lead to an explosive mixture.

On many Norwegian installations the flare system is designed differently. Flare gas recovery systems are deployed which results in no flaring during continuous operations.

Flare gas recovery systems improve energy efficiency but they are costly and add additional operational complexity.


3. Returning to gas turbines, all UK offshore gas turbines are open cycle – gas is burned to produce energy and the very hot exhaust gases are vented to the atmosphere. Around 60 -70% of the energy is lost in the exhaust gases.

Some UK fields use this hot gas as a heat source for some of the oil and gas treatment operations hence improving energy efficiency.

There is another option for gas turbines that will significantly improve energy efficiency – combined cycle, and in parallel plans for nuclear power under the green industrial revolution aim to decarbonise supply.

Here the exhaust gases from an open cycle machine are taken to a separate turbine. This additional turbine utilises exhaust heat to produce steam with the steam used to drive a second turbine to generate supplementary electricity. It is the system used in most UK power stations, even as UK low-carbon generation stalled in 2019 across the grid.

Open cycle gas turbines are around 30 – 40% efficient whereas combined cycle turbines are typically 50 – 60%. Clearly deploying a combined cycle will result in a huge greenhouse gas saving.

I have worked on the development of many UK oil and gas fields and combined cycle has rarely been considered.

The reason being is that, despite the clear energy saving, they are too costly and complex to justify deploying offshore.

However that is not the case in Norway where combined cycle is used on Oseberg, Snorre and Eldfisk.

What makes the improved Norwegian energy efficiency practices different from the UK – the answer is clear; the Norwegian CO2 tax.

A tax that makes CO2 a significant part of offshore operating costs.

The consequence being that deploying energy efficient technology is much easier to justify in Norway when compared to the UK.

Do we need a CO2 tax in the UK to meet net zero – I am convinced we do. I am in good company. BP, Shell, ExxonMobil and Total are supporting a carbon tax.

Not without justification there has been much criticism of Labour’s recent oil tax plans, alongside proposals for state-owned electricity generation that aim to reshape the power market.

To my mind Labour’s laudable aims to tackle the Climate Emergency would be much better served by supporting a CO2 tax that complements the UK's coal-free energy record by strengthening renewable investment.

 

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5,000 homes would be switched to geothermal energy free of charge

Manitoba NDP Geothermal Conversion Program offers full-cost heat pump installation for 5,000 homes, lowering electricity bills, funding contractor training and rebates, and cutting greenhouse gas emissions via geothermal energy administered by Efficiency Manitoba.

 

Key Points

A plan funding 5,000 home heat pump conversions to cut electricity bills, reduce emissions, and expand installer capacity.

✅ Covers equipment and installation for 5,000 homes

✅ Cuts electricity bills up to 50% vs electric heat

✅ Administered by Efficiency Manitoba; trains contractors

 

An NDP government would cover the entire cost for 5,000 families to switch their homes to geothermal energy, New Democrats have promised.

If elected on Oct. 3, the NDP will pay for the equipment and installation of new geothermal systems at 5,000 homes, St. James candidate Adrien Sala announced outside a St. Boniface home that previously made the switch. 

The homes that switch to geothermal energy could save as much as 50 per cent on their electricity bills, Sala said.

"It will save you money, it will grow our economy and it will reduce greenhouse gas emissions. And I think we can safely call that a win, win, win," Sala said.

Geothermal energy is derived from heat that is generated within the Earth.

The NDP said each conversion to geothermal heating and cooling would cost an estimated $26,000, and comes as new turbine investments advance in Manitoba, and it would take four years to complete all 5,000 conversions.

The program would be administered through Efficiency Manitoba, the Crown corporation responsible for conserving energy, as Manitoba Hydro's new president navigates changes at the utility. The NDP estimates it will cost $32.5 million annually over the four years, at a time of red ink at Manitoba Hydro as new power generation needs loom. Some of that money would support the training of more contractors who could install geothermal systems.


Subsidies get low pickup: NDP
Sala wouldn't say Wednesday which homeowners or types of homes would be eligible.

He said the NDP's plan would be a first in Canada, even as Ontario's energy plan seeks to address growing demand elsewhere.

"What we've seen elsewhere is where other jurisdictions have used a strict subsidy model, where they try to reduce the cost of geothermal, and while Ontario reviews a halt to natural gas generation to cut emissions, approaches differ across provinces. We really haven't seen a lot of uptake in those other jurisdictions," Sala said.

"This is an attempt at dealing with one of those key barriers for homeowners."

Efficiency Manitoba runs a subsidy program for geothermal energy through ground source heat pumps, supporting using more electricity for heat across the province, valued at up to $2.50 per square foot. It is estimated a 1,600 sq. ft. home switching from an electric furnace to geothermal will receive a rebate of around $4,000 and save around $900 annually on their electricity bills, the Crown corporation said.anitoba homeProgressive Conservative spokesperson Shannon Martin questioned how NDP Leader Wab Kinew can afford his party's numerous election promises.

"He will have no choice but to raise taxes, and history shows the NDP will raise them all," said Martin, the McPhillips MLA who isn't seeking re-election.

Wednesday's announcement was the first for the NDP in which Kinew wasn't present. The party has criticized the Progressive Conservatives for leader Heather Stefanson showing up for only a few announcements a week.

Sala said Kinew was busy preparing for the debate later in the day.

"This stuff is near and dear to Wab's heart, and frankly, I think he's probably hurting that he's not here with us right now."

 

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Manchin Calls For Stronger U.S. Canada Energy And Mineral Partnership

U.S.-Canada Energy and Minerals Partnership strengthens energy security, critical minerals supply chains, and climate objectives with clean oil and gas, EV batteries, methane reductions, cross-border grid reliability, and allied trade, countering Russia and China dependencies.

 

Key Points

A North American alliance to secure energy, refine critical minerals, cut emissions, and fortify supply chains.

✅ Integrates oil, gas, and electricity trade for reliability

✅ Builds EV battery and critical minerals processing capacity

✅ Reduces methane, diversifies away from Russia and China

 

Today, U.S. Senator Joe Manchin (D-WV), Chairman of the Senate Energy and Natural Resources Committee, delivered the following remarks during a full committee hearing to examine ways to strengthen the energy and mineral partnership between the U.S. and Canada to address energy security and climate objectives.

The hearing also featured testimony from the Honorable Jason Kenney (Premier, Alberta, Canada), the Honorable Nathalie Camden (Associate Deputy Minister of Mines, Ministry of Energy and Natural Resource, Québec, Canada), the Honorable Jonathan Wilkinson (Minister, Natural Resources Canada) and Mr. Francis Bradley (President and CEO, Electricity Canada). Click here to read their testimony.

Chairman Manchin’s remarks can be viewed as prepared here or read below:

Today we’re welcoming our friends from the North, from Canada, to continue this committee’s very important conversation about how we pursue two critical goals – ensuring energy security and addressing climate change.

These two goals aren’t mutually exclusive, and it’s imperative that we address both.

We all agree that Putin has used Russia’s oil and gas resources as a weapon to inflict terrible pain on the Ukrainian people and on Europe.

And other energy-rich autocracies are taking note. We’d be fools to think Xi Jinping won’t consider using a similar playbook, leveraging China’s control over global critical minerals supply chains.

But Putin’s aggression is bringing the free world closer together, setting the stage for a new alliance around energy, minerals, and climate.
Building this alliance should start here in North America. And that’s why I’m excited to hear today about how we can strengthen the energy and minerals partnership between the U.S. and Canada.

I recently had the privilege of being hosted in Alberta by Premier Kenney, where I spent two days getting a better understanding of our energy, minerals, and manufacturing partnership through meetings with representatives from Alberta, Saskatchewan, the Northwest Territories, the federal government, and tribal and industry partners.

Canadians and Americans share a deep history and are natural partners, sharing the longest land border on the planet.

Our people fought side-by-side in two world wars. In fact, some of the uranium used by the Manhattan Project and broader nuclear innovation was mined in Canada’s Northwest Territories and refined in Ontario.

We have cultivated a strong manufacturing partnership, particularly in the automotive industry, with Canada today being our biggest export market for vehicles. Cars assembled in Canada contain, on average, more than 50% of U.S. value and parts.

Today we also trade over 58 terawatt hours of electricity, including green power from Canada across the border, 2.4 billion barrels of petroleum products, and 3.6 trillion cubic feet of natural gas each year.

In fact, energy alone represents $120 billion of the annual trade between our countries. Across all sectors the U.S. and Canada trade more than $2 billion per day.
There is no better symbol of our energy relationship than our interconnected power grid and evolving clean grids that are seamless and integral for the reliable and affordable electricity citizens and industries in both our countries depend on.

And we’re here for each other during times of need. Electricity workers from both the U.S. and Canada regularly cross the border after extreme weather events to help get the power back on.

Canada has ramped up oil exports to the U.S. to offset Russian crude after members of our committee led legislation to cut off the energy purchases fueling Putin’s war machine.

Canada is also a leading supplier of uranium and critical minerals to the U.S., including those used in advanced batteries—such as cobalt, graphite, and nickel.
The U.S-Canada energy partnership is strong, but also not without its challenges, including tariff threats that affect projects on both sides. I’ve not been shy in expressing my frustration that the Biden administration cancelled the Keystone XL pipeline.

In light of Putin’s war in Ukraine and the global energy price surge, I think a lot of us wish that project had moved forward.

But to be clear, I’m not holding this hearing to re-litigate the past. We are here to advance a stronger and cleaner U.S.-Canada energy partnership for the future.
Our allies and trading partners in Europe are begging for North American oil and gas to offset their reliance on Russia.

There is no reason whatsoever we shouldn’t be able to fill that void, and do it cleaner than the alternatives.

That’s because American oil and gas is cleaner than what is produced in Russia – and certainly in Iran and Venezuela. We can do better, and learn from our Canadian neighbors.

On average, Canada produces oil with 37% lower methane emissions than the U.S., and the Canadian federal government has set even more aggressive methane reduction targets.

That’s what I mean by climate and security not being mutually exclusive – replacing Russian product has the added benefit of reducing the emissions profile of the energy Europe needs today.

According to the International Energy Agency, stationary and electric vehicle batteries will account for about half of the mineral demand growth from clean energy technologies over the next twenty years.

Unfortunately, China controls 80% of the world’s battery material processing, 60% of the world’s cathode production, 80% of the world’s anode production, and 75% of the world’s lithium ion battery cell production. They’ve cornered the market.

I also strongly believe we need to be taking national energy security into account as we invest in climate solutions.

It makes no sense whatsoever for us to so heavily invest in electric vehicles as a climate solution when that means increasing our reliance on China, because right now we’re not simultaneously increasing our mining, processing, and recycling capacity at the same rate in the United States.

The Canadians are ahead of us on critical minerals refining and processing, and we have much to learn from them about how they’re able to responsibly permit these activities in timelines that blow ours out of the water.

I’m sure our Canadian friends are happy to export minerals to us, but let me be clear, the United States also needs to contribute our part to a North American minerals alliance.

So I’m interested in discussing how we can create an integrated network for raw minerals to move across our borders for processing and manufacturing in both of our countries, and how B.C. critical minerals decisions may affect that.

I believe there is much we can collaborate on with Canada to create a powerful North American critical minerals supply chain instead of increasing China’s geopolitical leverage.

During this time when the U.S., Canada, and our allies and friends are threatened both by dictators weaponizing energy and by intense politicization over climate issues, we must work together to chart a responsible path forward that will ensure security and unlock prosperity for our nations.

We are the superpower of the world, and blessed with abundant energy and minerals resources. We cannot just sit back and let other countries fill the void and find ourselves in a more dire situation in the years ahead.

We must be leaning into the responsible production of all the energy sources we’re going to need, and strengthening strategic partnerships – building a North American Energy Alliance.

 

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Solar + Wind = 10% of US Electricity Generation in 1st Half of 2018

US Electricity Generation H1 2018 saw wind and solar gains but hydro declines, as natural gas led the grid mix and coal fell; renewables' share, GWh, emissions, and capacity additions shaped the power sector.

 

Key Points

It is the H1 2018 US power mix, where natural gas led, coal declined, and wind and solar grew while hydro fell.

✅ Natural gas reached 32% of generation, highest share

✅ Coal fell; renewables roughly tied nuclear at ~20%

✅ Wind and solar up; hydro output down vs 2017

 

To complement our revival of US electricity capacity reports, here’s a revival of our reports on US electricity generation.

As with the fresh new capacity report, things are not looking too bright when it comes to electricity generation. There’s still a lot of grey — in the bar charts below, in the skies near fossil fuel power plants, and in the human and planetary outlook based on how slowly we are cutting fossil fuel electricity generation.

As you can see in the charts above, wind and solar energy generation increased notably from the first half of 2017 to the first half of 2018, and the EIA expected larger summer solar and wind generation in subsequent months, reinforcing that momentum.

A large positive when it comes to the environment and human health is that coal generation dropped a great deal year over year — by even more than renewables increased, though the EIA later noted an increase in coal-fired generation in a subsequent year, complicating the trend. However, on the down side, natural gas soared as it became the #1 source of electricity generation in the United States (32% of US electricity). Furthermore, coal was still solidly in the #2 position (27% of US electricity). Renewables and nuclear were essentially in a tie at 19.8% of generation, with renewables just a tad above nuclear.

Actually, combined with an increase in nuclear power generation, natural gas electricity production increased so much that the renewable energy share of electricity generation actually dropped in the first half of 2018 versus the first half of 2017, even amid declining electricity use in some periods. It was 19.8% this year and 20% last year.

Again, solar and wind saw a significant growth in its market share, from 9% to 9.9%, but hydro brought the whole category down due to a decrease from 9% to 8%.

The visuals above are probably the best way to examine it all. The H1 2018 chart was still dominated by fossil fuels, which together accounted for approximately 60% of electricity generation, even though by 2021 non-fossil sources supplied about 40% of U.S. electricity, highlighting the longer-term shift. In H1 2017, the figure was 59.7%. Furthermore, if you switch to the “Change H1 2018 vs H1 2017 (GWh)” chart, you can watch a giant grey bar representing natural gas take over the top of the chart. It almost looks like it’s part of the border of the chart. The biggest glimmer of positivity in that chart is seeing the decline in coal at the bottom.

What will the second half of the year bring? Well, the gigantic US electricity generation market shifts slowly, even as monthly figures can swing, as January generation jumped 9.3% year over year according to the EIA, reminding us about volatility. There is so much base capacity, and power plants last so long, that it takes a special kind of magic to create a rapid transition to renewable energy. As you know from reading this quarter’s US renewable energy capacity report, only 43% of new US power capacity in the first half of the year was from renewables. The majority of it was from natural gas. Along with other portions of the calculation, that means that electricity generation from natural gas is likely to increase more than electricity generation from renewables.

Jump into the numbers below and let us know if you have any more thoughts.


 

 

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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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