Massachusetts seeks plans for "high performance" buildings

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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Alberta Solar Energy Expansion confronts high installation costs, grid integration and storage needs, and environmental impact, while incentives, infrastructure upgrades, and renewable targets aim to balance reliability, land use, and emissions reductions provincewide.

Key Points

Alberta Solar Energy Expansion is growth in solar tempered by costs, grid limits, environmental impact, and incentives.

✅ High capex and financing challenge utility-scale projects

✅ Grid integration needs storage, transmission, and flexibility

✅ Site selection must mitigate land and wildlife impacts

Alberta's push towards expanding solar power is encountering significant financial and environmental hurdles. The province's ambitious plans to boost solar power generation have been met with both enthusiasm and skepticism as stakeholders grapple with the complexities of integrating large-scale solar projects into the existing energy framework.

The Alberta government has been actively promoting solar energy as part of its strategy to diversify the energy mix in a province that is a powerhouse for both green energy and fossil fuels today and reduce greenhouse gas emissions. Recent developments have highlighted the potential of solar power to contribute to Alberta's clean energy goals. However, the path forward is fraught with challenges related to costs, environmental impact, and infrastructure needs.

One of the primary issues facing the solar energy sector in Alberta is the high cost of solar installations. Despite decreasing costs for solar technology in recent years, the upfront investment required for large-scale solar farms remains substantial, even as some facilities have been contracted at lower cost than natural gas in Alberta today. This financial barrier has led to concerns about the economic viability of solar projects and their ability to compete with other forms of energy, such as natural gas and oil, which have traditionally dominated Alberta's energy landscape.

Additionally, there are environmental concerns associated with the development of solar farms. While solar energy is considered a clean and renewable resource, the construction of large solar installations can have environmental implications. These include potential impacts on local wildlife habitats, land use changes, where approaches like agrivoltaics can co-locate farming and solar, and the ecological effects of large-scale land clearing. As solar projects expand, balancing the benefits of renewable energy with the need to protect natural ecosystems becomes increasingly important.

Another significant challenge is the integration of solar power into Alberta's existing energy grid. Solar energy production is variable and dependent on weather conditions, especially with Alberta's limited hydro capacity for flexibility, which can create difficulties in maintaining a stable and reliable energy supply. The need for infrastructure upgrades and energy storage solutions is crucial to address these challenges and ensure that solar power can be effectively utilized alongside other energy sources.

Despite these challenges, the Alberta government remains committed to advancing solar energy as a key component of its renewable energy strategy. Recent initiatives include financial incentives and support programs aimed at encouraging investment in solar projects and supporting a renewable energy surge that could power thousands of jobs across Alberta today. These measures are designed to help offset the high costs associated with solar installations and make the technology more accessible to businesses and homeowners alike.

Local communities and businesses are also playing a role in the growth of solar energy in Alberta. Many are exploring opportunities to invest in solar power as a means of reducing energy costs and supporting sustainability efforts and, increasingly, to sell renewable energy into the market as demand grows. These smaller-scale projects contribute to the overall expansion of solar energy and demonstrate the potential for widespread adoption across the province.

The Alberta government has also been working to address the environmental concerns associated with solar energy development. Efforts are underway to implement best practices for minimizing environmental impacts and ensuring that solar projects are developed in an environmentally responsible manner. This includes conducting environmental assessments and working with stakeholders to address potential issues before projects are approved and built.

In summary, while Alberta's solar energy initiatives hold promise for advancing the province's clean energy goals, they are also met with significant financial and environmental challenges. Addressing these issues will be crucial to the successful expansion of solar power in Alberta. The government's ongoing efforts to support solar projects through incentives and infrastructure improvements, coupled with responsible environmental practices, will play a key role in determining the future of solar energy in the province.

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BC Hydro Rate Freeze Rejection details the BCUC decision enabling a 3% rate increase, citing revenue requirements, debt, and capital costs, affecting electricity bills, with NDP government proposing lifeline rates and low-income relief.

Key Points

It is the BCUC ruling allowing a 3% BC Hydro rate hike, citing cost recovery, debt, and capital needs.

✅ BCUC rejects freeze; 3% increase proceeds April 1, 2018

✅ Rationale: cost recovery, debt, capital expenditures

✅ Relief: lifeline rate, $600 grants, winter payment plan

The B.C. Utilities Commission has rejected a request by the provincial government to freeze rates at BC Hydro for the coming year, meaning a pending rate increase of three percent will come into effect as higher BC Hydro rates on April 1, 2018.

BC Hydro had asked for the three per cent increase, aligning with a rate increase proposal that would add about $2 a month, but, last year, Energy Minister Michelle Mungall directed the Crown corporation to resubmit its request in order to meet an NDP election promise.

"After years of escalating electricity costs, British Columbians deserve a break on their bills," she said at the time.

However, the utilities commission found there was "insufficient regulatory justification to approve the zero per cent rate increase."

"Even these increases do not fully recover B.C. Hydro's forecast revenue requirement, which includes items such as operating costs, new capital expenditures and carrying costs on capital expenditures," the commission wrote in a news release.

Mungall said she was disappointed by the decision.

"We were always clear we were going to the BCUC. We need to respect the role the BCUC has here for the ratepayers and for the public. I'm very disappointed obviously with their decision."

Mungall blamed the previous government for leaving BC Hydro in a financial state where a rate freeze was ultimately not possible.

Last month, Moody's Investors Service calculated BC Hydro's total debt at $22 billion and said it was one of the province's two credit challenges going forward.

"There's quite a financial mess that is a B.C. Liberal legacy after 16 years of government. We have the responsibility as a new government to clean that up."

B.C. Liberal leader Andrew Wilkinson said it was an example of the new government not living up to its campaign promises.

"British Columbians, particularly those on fixed incomes, believed the B.C. NDP when they promised a freeze on hydro bills. They planned accordingly and are now left in the lurch and face higher expenses. This is a government that stumbles into messes that cost all of us because they put rhetoric ahead of planning," he said.

Help on the way?

With the freeze being rejected, Mungall said the government would be going forward on other initiatives to help low-income ratepayers, as advocates' call for change after a fund surplus, including:

Legislating a "lifeline rate" program, allowing people with "demonstrated need" to apply for a lower rate for electricity.

Starting in May, providing an emergency grant of $600 for customers who have an outstanding BC Hydro bill.

Hydro's annual winter payment plan also allows people the chance to spread the payment of bills from December to February out over six months, and, with a two-year rate increase on the horizon, a new pilot program to help people paying their bills begins in July.

Mungall couldn't say whether the government would apply for rate freezes in the future.

"I don't have a crystal ball, and can't predict what might happen in two or three years from now, but we need to act swiftly now," she said.

"I appreciate the [BCUC's] rationale, I understand it, and we'll be moving forward with other alternatives for making life more affordable."

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Ontario Hydro Flat Rate sets a single electricity rate at 12.8 cents per kWh, replacing time-of-use pricing for Ontario ratepayers, affecting hydro bills this summer, alongside COVID-19 Energy Assistance Program support.

Key Points

A fixed 12.8 cents per kWh electricity price replacing time-of-use rates across Ontario from June to November.

✅ Single rate applies 24/7, replacing time-of-use pricing

✅ May slightly raise bills versus pre-pandemic usage patterns

✅ COVID-19 aid offers one-time credits for households, small firms

A new provincial COVID-19 measure, including a fixed COVID-19 hydro rate designed to give Ontario ratepayers "stability" on their hydro bills this summer, could result in slightly higher hydro costs over the next four months.

Ontario Premier Doug Ford's government announced over the weekend that consumers would be charged a single around-the-clock electricity rate between June and November, before a Nov. 1 rate increase takes effect, replacing the much-derided time-of-use model ratepayers have complained about for years.

Instead of being charged between 10 to 20 cents per kilowatt hour, depending on the time of day electricity is used, including ultra-low TOU rates during off-peak hours, hydro users will be charged a blanket rate of 12.8 cents per kWh.

"The new rate will simply show up on your bill," Premier Doug Ford said at a Monday afternoon news conference.

While the government said the new fixed rate would give customers "greater flexibility" to use their home appliances without having to wait for the cheapest rate -- and has tabled legislation to lower rates as part of its broader plan -- the new policy also effectively erases a pandemic-related hydro discount for millions of consumers.

For example, a pre-pandemic bill of $59.90 with time-of-use rates, will now cost $60.28 with the government's new recovery rate, as fixed pricing ends across the province, before delivery charges, rebates and taxes.

That same bill would have been much cheaper -- $47.57 -- if the government continued applying the lowest tier of time-of-use 24/7 under an off-peak price freeze as it had been doing since March 24.

The government also introduced support for electric bills with two new assistance programs to help customers struggling to pay their bills.

The COVID-19 Energy Assistance Program will provide a one-time payment consumers to help pay off electricity debt incurred during the pandemic -- which will cost the government $9 million.

The government will spend another $8 million to provide similar assistance to small businesses hit hard by the pandemic.

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Fort Frances Microgrid aims to boost reliability in Ontario with grid-connected and island modes, Siemens feasibility study, renewable energy integration, EV charging expansion, and resilience modeled after First Nations projects and regional biomass initiatives.

Key Points

A community microgrid in Fort Frances enabling grid and island modes to improve reliability and integrate renewables.

✅ Siemens-led feasibility via FedNor funding

✅ Grid-connected or islanded for outage resilience

✅ Integrates renewables, EV charging, and industry growth

When the power goes out in Fort Frances, Ont., the community may be left in the dark for hours.

The hydro system's unreliability — caused by its location on the provincial power grid — has prompted the town to seek a creative solution: its own self-contained electricity grid with its own source of power, known as a microgrid. 

Located more than 340 kilometres west of Thunder Bay, Ont., on the border of Minnesota, near the Great Northern Transmission Line corridor, Fort Frances gets its power from a single supply point on Ontario's grid. 

"Sometimes, it's inevitable that we have to have like a six- to eight-hour power outage while equipment is being worked on, and that is no longer acceptable to many of our customers," said Joerg Ruppenstein, president and chief executive officer of Fort Frances Power Corporation.

While Ontario's electrical grid serves the entire province, and national efforts explore macrogrids, a microgrid is contained within a community. Fort Frances hopes to develop an integrated, community-based electric microgrid system that can operate in two modes:

• Grid-connected mode, which means it's connected to the provincial grid and informed by western grid planning approaches
• Island mode, which means it's disconnected from the provincial grid and operates independently

The ability to switch between modes allows flexibility. If a storm knocks down a line, the community will still have power.

The town has been given grant funding from the Federal Economic Development Agency for Northern Ontario (FedNor), echoing smart grid funding in Sault Ste. Marie initiatives, for the project. On Monday night, council voted to grant a request for proposal to Siemens Canada Limited to conduct a feasibility study into a microgrid system.

The study, anticipated to be completed by the end of 2023 or early 2024, will assess what an integrated community-based microgrid system could look like in the town of just over 7,000 people, said Faisal Anwar, chief administrative officer of Fort Frances. A timeline for construction will be determined after that. 

The community is still reeling from the closure of the Resolute Forest Products pulp and paper mill in 2014 and faces a declining population, said Ruppenstein. It's hoped the microgrid system will help attract new industry to replace those lost workers and jobs, drawing on Manitoba's hydro experience as a model.

This gives the town a competitive advantage.

"If we were conceivably to attract a larger industrial player that would consume a considerable amount of energy, it would result in reduced rates for everyone…we're the only utility really in Ontario that can offer that model," Ruppenstein said.

The project can also incorporate renewable energy like solar or wind power, as seen in B.C.'s clean energy shift efforts, into the microgrid system, and support the growth of electric vehicles, he said. Many residents fill their gas tanks in Minnesota because it's cheaper, but Fort Frances has the potential to become a hub for electric vehicle charging.

A few remote First Nations have recently switched to microgrid systems fuelled by green energy, including Gull Bay First Nation and Fort Severn First Nation. These are communities that have historically relied on diesel fuel either flown in, which is incredibly expensive, or transported via ice roads, which are seeing shorter seasons each year.

Natural Resources Minister Jonathan Wilkinson was in Thunder Bay, Ont., to announce $35 million for a biomass generation facility in Whitesand First Nation, complementing federal funding for the Manitoba-Saskatchewan transmission line elsewhere in the region.

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BNEF 2019 New Energy Outlook projects surging renewable energy demand, aggressive decarbonization, wind and solar cost declines, battery storage growth, coal phase-out, and power market reform to meet Paris Agreement targets through 2050.

Key Points

Bloomberg's NEO 2019 forecasts power demand, renewables growth, and decarbonization pathways through 2050.

✅ Predicts wind/solar to ~50% of global electricity by 2050

✅ Foresees coal decline; Asia transitions slower than Europe

✅ Calls for power market reform and battery integration

In a report that examines the ways in which renewable energy demand is expected to increase, Bloomberg New Energy Finance (BNEF) finds that “aggressive decarbonization” will be required beyond 2030 to meet the temperature goals of the Paris Agreement on climate change.

Focusing on electricity, BNEF’s 2019 New Energy Outlook (NEO) predicts a 62% increase in global power demand, leading to global generating capacity tripling between now and 2050, when wind and solar are expected to make up almost 50% of world electricity, as wind and solar gains indicate, due to decreasing costs.

The report concludes that coal will collapse everywhere except Asia, and, by 2032, there will be more wind and solar electricity than coal-fired electricity. It forecasts that coal’s role in the global power mix will decrease from 37% today, as renewables surpass 30% globally, to 12% by 2050 with the virtual elimination of oil as a power-generating source.

Highlighting regional differences, the report finds that:

Western European economies are already on a strong decarbonization path due to carbon pricing and strong policy support, with offshore wind costs dropping bolstering progress;

by 2040, renewables will comprise 90% of the electricity mix in Europe, with wind and solar accounting for 80%;

the US, with low-priced natural gas, and China, with its coal-fired plants, will transition more slowly even as 30% from wind and solar becomes feasible; and

China’s power sector emissions will peak in 2026 and then fall by more than half over the next 20 years, as solar PV growth accelerates, with wind and solar increasing from 8% to 48% of total electricity generation by 2050.

Power markets must be reformed to ensure wind, solar and batteries are properly remunerated for their contributions to the grid.

The 2019 report finds that wind and solar now represent the cheapest option for adding new power-generating capacity in much of the world, amid record-setting momentum, which is expected to attract USD 13.3 trillion in new investment. While solar, wind, batteries and other renewables are expected to attract USD 10 trillion in investment by 2050, the report warns that curbing emissions will require other technologies as well.

Speaking about the report, Matthias Kimmel, NEO 2019 lead analyst, said solar photovoltaic modules, wind turbines and lithium-ion batteries are set to continue on aggressive cost reduction curves of 28%, 14% and 18%, respectively, for every doubling in global installed capacity. He explained that by 2030, energy generated or stored and dispatched by these technologies will undercut electricity generated by existing coal and gas plants.

To achieve this level of transition and decarbonization, the report stresses, power markets must be reformed to ensure wind, solar and batteries are “properly remunerated for their contributions to the grid.”

Additionally, the 2019 NEO includes a number of updates such as:

• new scenarios on global warming of 2°C above preindustrial levels, electrified heat and road transport, and an updated coal phase-out scenario;
• new sections on coal and gas power technology, the future grid, energy access, and costs related to decarbonization technology such as carbon capture and storage (CCS), biogas, hydrogen fuel cells, nuclear and solar thermal;
• sub-national results for China;
• the addition of commercial electric vehicles;
• an expanded air-conditioning analysis; and
• modeling of Brazil, Mexico, Chile, Turkey and Southeast Asia in greater detail.

Every year, the NEO compares the costs of competing energy technologies, informing projections like US renewables at one-fourth in the near term. The 2019 report brought together 65 market and technology experts from 12 countries to provide their views on how the market might evolve.

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