Can green avoid soaring nuclear costs?

Texas PUC Electricity Market Reforms aim to boost grid reliability, support ERCOT resilience, pay standby generators, require capacity procurement, and mitigate blackout risk, though analysts warn higher consumer bills and winter reserve margin deficits.

Key Points

PUC proposals to bolster ERCOT reliability via standby capacity, capacity procurement, and measures to reduce blackout risk.

✅ Pays generators for standby capacity during grid stress

✅ Requires capacity procurement to meet forecast demand

✅ Could raise consumer bills despite reliability gains

The Public Utility Commission of Texas is discussing major reforms to the state’s electricity market with the purpose to avoid a repeat of the power failures and blackouts during the February 2021 winter storm, which led to the death of more than 100 people and left over 11 million residents without electricity for days.

The regulator is discussing at a meeting on Thursday around a dozen proposals to make the grid more stable and reliable in case of emergencies. Proposals include paying power generators that are on standby when the grid needs backup, and requiring companies to pre-emptively buy capacity to meet future demand.

It is not clear yet how many and which of the proposals for electricity market reforms PUC will endorse today, while Texans vote on funding to modernize electricity generation later this year.

Analysts and consumer protection bodies warn that the measures will raise the energy bills for consumers, as some electricity market bailout ideas shift costs to ratepayers as well.

“Customers will be paying for more, but will they be getting more reliability?” Michael Jewell, an attorney with Jewell & Associates PLLC who represents clients at PUC proceedings, told Bloomberg.

“This is going to take us further down a path that’s going to increase cost to consumers, we better be darn sure these are the right choices,” Tim Morstad, Associate State Director, AARP Texas, told FOX 4 NEWS.

Last month, a report by the North American Electric Reliability Corp warned that the Texas power grid remained vulnerable to blackouts in case of a repeat of this year’s February Freeze.

Beyond Texas, electricity blackout risks have been identified across the U.S., underscoring the stakes for grid planning.

According to the 2021-2022 Winter Reliability Assessment report, Texas risks a 37-percent reserve margin deficit in case of a harsh winter, with ERCOT moving to procure capacity to address winter concerns, NERC said.

A reserve margin is the reserve of power generation capacity comparative to demand. The expected reserve margin for Texas for this winter, according to NERC, is 41.9 percent. Yet if another cold spell hits the state, it would affect this spare capacity, pushing the margin deeply into negative territory.

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Japan Electricity Crunch exposes vulnerabilities in a liberalised power market as LNG shortages, JEPX price spikes, snow-hit solar, and weak hedging strain energy security and retail providers amid cold snap demand and limited reserve capacity.

Key Points

A winter demand shock and LNG shortfalls sent JEPX to records, exposing gaps in hedging, data, and energy security.

✅ JEPX wholesale prices spiked to an all-time high

✅ LNG inventories and procurement proved insufficient

✅ Snow disabled solar; new entrants lacked hedging

Japan's worst electricity crunch since the aftermath of the Fukushima crisis has exposed vulnerabilities in the country's recently liberalised power market, although some of the problems appear self-inflicted.

Power prices in Japan hit record highs last month, mirroring UK peak power prices during tight conditions, as a cold snap across northeast Asia prompted a scramble for supplies of liquefied natural gas (LNG), a major fuel for the country's power plants. Power companies urged customers to ration electricity to prevent blackouts, although no outages occurred.

The crisis highlighted how many providers were unprepared for such high demand. Experts say LNG stocks were not topped up ahead of winter and snow disabled solar power farms, while China's power woes strained solar supply chains.

The hundreds of small power companies that sprang up after the market was opened in 2016 have struggled the most, saying the government does not disclose the market data they need to operate. The companies do not have their own generators, instead buying electricity on the wholesale market.

Prices on the Japan Electric Power Exchange (JEPX) hit a record high of 251 yen ($2.39) per kilowatt hour in January, equating to $2,390 per megawatt hour of electricity, above record European price surges seen recently and the highest on record anywhere in the world. One megawatt hour is roughly what an average home in the U.S. would consume over 35 days.

But the vast majority of the new, smaller companies are locked into low, fixed rates they set to lure customers from bigger players, crushing them financially during a price spike like the one in January.

More than 50 small power providers wrote on Jan. 18 to Japan's industry minister, Hiroshi Kajiyama, who oversees the power sector, asking for more accessible data on supply and demand, reserve capacity and fuel inventories.

"By organising and disclosing this information, retail electricity providers will be able to bid at more appropriate prices," said the companies, led by Looop Co.

They also called on Kajiyama to require transmission and distribution companies to pass on some of the unexpected profits from price spikes to smaller operators.

The industry ministry said it had started releasing more timely market data, and is reviewing the cause of the crunch and considering changes, echoing calls by Fatih Birol to keep electricity options open amid uncertainty.

Japan reworked its power markets after the Fukushima nuclear disaster in 2011, liberalizing the sector in 2016 while pushing for more renewables.

But Japan is still heavily reliant on LNG and coal, and only four of 33 nuclear reactors are operating. The power crisis has led to growing calls to restart more reactors.

Kazuno Power, a small retail provider controlled by a municipality of the same name in northern Japan, where abundant renewable energy is locally produced, buys electricity from hydropower stations and JEPX.

During the crunch, the company had to pay nearly 10 times the usual price, Kazuno Power president Takao Takeda said in an interview. Like most other new providers, it could not pass on the costs, lost money, and folded. The local utility has taken over its customers.

"There is a contradiction in the current system," Takeda said. "We are encouraged to locally produce power for local consumption as well as use more renewable energy, but prices for these power supplies are linked to wholesale prices, which depend on the overall power supply."

The big utilities, which receive most of their LNG on long-term contracts, blamed the power shortfall on a tight spot market and glitches at generation units.

"We were not able to buy as much supply as we wanted from the spot market because of higher demand from South Korea and China, where power cuts have tightened supply," Kazuhiro Ikebe, the head of the country's electricity federation, said recently.

Ikebe is also president of Kyushu Electric Power, which supplies the southern island of Kyushu.

Utilities took extreme measures - from burning polluting fuel oil in coal plants to scavenging the dregs from empty LNG tankers - to keep the grid from breaking down.

"There is too much dependence on JEPX for procurement," said Bob Takai, the local head of European Energy Exchange, where electricity pricing reforms are being discussed, and which started offering Japan power futures last year. He added that new entrants were not hedging against sharp price moves.

Three people, who requested anonymity because of the sensitivity of the matter, were more blunt. One called the utilities arrogant in assuming they could find LNG cargoes in a pinch. Prices were already rising as China snapped up supplies, the sources noted.

"You had volatility caused by people saying 'Oh, well, demand is going to be weak because of coronavirus impacts' and then saying 'we can rely more on solar than in the past,' but solar got snowed out," said a senior executive from one generator. "We have a problem of who is charge of energy security in Japan."

Inventories of LNG, generally about two weeks worth of supplies, were also not topped up enough to prepare for winter, a market analyst said.

The fallout from the crunch has become more apparent in recent days, with new power companies like Rakuten Inc suspending new sales and Tokyo Gas, along with traditional electricity utilities, issuing profit downgrades or withdrawing their forecasts.

Although prices have fallen sharply as temperatures warmed up slightly and more generation units have come back online, the power generator executive said, "we are not out of the woods yet."
 

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Hydrogen Energy Transition advances renewable energy integration via electrolysis, carbon capture and storage, and gas hybrids to decarbonize industry, steel, and transport, enable grid storage, replace ammonia feedstocks, and export clean power across continents.

Key Points

Scaling clean hydrogen with renewables and CCS to cut emissions in power and industry, and enable clean transport.

✅ Electrolysis and CCS provide low-emission hydrogen at scale.

✅ Balances renewables with storage and flexible gas assets.

✅ Decarbonizes steel, ammonia, heavy transport, and exports.

I want you to imagine a highway exclusively devoted to delivering the world’s energy. Each lane is restricted to trucks that carry one of the world’s seven large-scale sources of primary energy: coal, oil, natural gas, nuclear, hydro, solar and wind.

Our current energy security comes at a price, as Europe's power crisis shows, the carbon dioxide emissions from the trucks in the three busiest lanes: the ones for coal, oil and natural gas.

We can’t just put up roadblocks overnight to stop these trucks; they are carrying the overwhelming majority of the world’s energy supply.

But what if we expand clean electricity production carried by the trucks in the solar and wind lanes — three or four times over — into an economically efficient clean energy future?

Think electric cars instead of petrol cars. Think electric factories instead of oil-burning factories. Cleaner and cheaper to run. A technology-driven orderly transition. Problems wrought by technology, solved by technology.

Read more: How to transition from coal: 4 lessons for Australia from around the world

Make no mistake, this will be the biggest engineering challenge ever undertaken. The energy system is huge, and even with an internationally committed and focused effort the transition will take many decades.

It will also require respectful planning and retraining to ensure affected individuals and communities, who have fuelled our energy progress for generations, are supported throughout the transition.

As Tony, a worker from a Gippsland coal-fired power station, noted from the audience on this week’s Q+A program:

The workforce is highly innovative, we are up for the challenge, we will adapt to whatever is put in front of us and we have proven that in the past.

This is a reminder that if governments, industry, communities and individuals share a vision, a positive transition can be achieved.

The stunning technology advances I have witnessed in the past ten years, such as the UK's green industrial revolution shaping the next waves of reactors, make me optimistic.

Renewable energy is booming worldwide, and is now being delivered at a markedly lower cost than ever before.

In Australia, the cost of producing electricity from wind and solar is now around A$50 per megawatt-hour.

Even when the variability is firmed with grid-scale storage solutions, the price of solar and wind electricity is lower than existing gas-fired electricity generation and similar to new-build coal-fired electricity generation.

This has resulted in substantial solar and wind electricity uptake in Australia and, most importantly, projections of a 33% cut in emissions in the electricity sector by 2030, when compared to 2005 levels.

And this pricing trend will only continue, with a recent United Nations report noting that, in the last decade alone, the cost of solar electricity fell by 80%, and is set to drop even further.

So we’re on our way. We can do this. Time and again we have demonstrated that no challenge to humanity is beyond humanity.

Ultimately, we will need to complement solar and wind with a range of technologies such as high levels of storage, including gravity energy storage approaches, long-distance transmission, and much better efficiency in the way we use energy.

But while these technologies are being scaled up, we need an energy companion today that can react rapidly to changes in solar and wind output. An energy companion that is itself relatively low in emissions, and that only operates when needed.

In the short term, as Prime Minister Scott Morrison and energy minister Angus Taylor have previously stated, natural gas will play that critical role.

In fact, natural gas is already making it possible for nations to transition to a reliable, and relatively low-emissions, electricity supply.

Look at Britain, where coal-fired electricity generation has plummeted from 75% in 1990 to just 2% in 2019.

Driving this has been an increase in solar, wind, and hydro electricity, up from 2% to 27%. At the same time, and this is key to the delivery of a reliable electricity supply, electricity from natural gas increased from virtually zero in 1990 to more than 38% in 2019.

I am aware that building new natural gas generators may be seen as problematic, but for now let’s assume that with solar, wind and natural gas, we will achieve a reliable, low-emissions electricity supply.

Is this enough? Not really.

We still need a high-density source of transportable fuel for long-distance, heavy-duty trucks.

We still need an alternative chemical feedstock to make the ammonia used to produce fertilisers.

We still need a means to carry clean energy from one continent to another.

Enter the hero: hydrogen.

Hydrogen could fill the gaps in our energy needs. Julian Smith/AAP Image
Hydrogen is abundant. In fact, it’s the most abundant element in the Universe. The only problem is that there is nowhere on Earth that you can drill a well and find hydrogen gas.

Don’t panic. Fortunately, hydrogen is bound up in other substances. One we all know: water, the H in H₂O.

We have two viable ways to extract hydrogen, with near-zero emissions.

First, we can split water in a process called electrolysis, using renewable electricity or heat and power from nuclear beyond electricity options.

Second, we can use coal and natural gas to split the water, and capture and permanently bury the carbon dioxide emitted along the way.

I know some may be sceptical, because carbon capture and permanent storage has not been commercially viable in the electricity generation industry.

But the process for hydrogen production is significantly more cost-effective, for two crucial reasons.

First, since carbon dioxide is left behind as a residual part of the hydrogen production process, there is no additional step, and little added cost, for its extraction.

And second, because the process operates at much higher pressure, the extraction of the carbon dioxide is more energy-efficient and it is easier to store.

Returning to the electrolysis production route, we must also recognise that if hydrogen is produced exclusively from solar and wind electricity, we will exacerbate the load on the renewable lanes of our energy highway.

Think for a moment of the vast amounts of steel, aluminium and concrete needed to support, build and service solar and wind structures. And the copper and rare earth metals needed for the wires and motors. And the lithium, nickel, cobalt, manganese and other battery materials needed to stabilise the system.

It would be prudent, therefore, to safeguard against any potential resource limitations with another energy source.

Well, by producing hydrogen from natural gas or coal, using carbon capture and permanent storage, we can add back two more lanes to our energy highway, ensuring we have four primary energy sources to meet the needs of the future: solar, wind, hydrogen from natural gas, and hydrogen from coal.

Read more: 145 years after Jules Verne dreamed up a hydrogen future, it has arrived

Furthermore, once extracted, hydrogen provides unique solutions to the remaining challenges we face in our future electric planet.

First, in the transport sector, Australia’s largest end-user of energy.

Because hydrogen fuel carries much more energy than the equivalent weight of batteries, it provides a viable, longer-range alternative for powering long-haul buses, B-double trucks, trains that travel from mines in central Australia to coastal ports, and ships that carry passengers and goods around the world.

Second, in industry, where hydrogen can help solve some of the largest emissions challenges.

Take steel manufacturing. In today’s world, the use of coal in steel manufacturing is responsible for a staggering 7% of carbon dioxide emissions.

Persisting with this form of steel production will result in this percentage growing frustratingly higher as we make progress decarbonising other sectors of the economy.

Fortunately, clean hydrogen can not only provide the energy that is needed to heat the blast furnaces, it can also replace the carbon in coal used to reduce iron oxide to the pure iron from which steel is made. And with hydrogen as the reducing agent the only byproduct is water vapour.

This would have a revolutionary impact on cutting global emissions.

Third, hydrogen can store energy, as with power-to-gas in pipelines solutions not only for a rainy day, but also to ship sunshine from our shores, where it is abundant, to countries where it is needed.

Let me illustrate this point. In December last year, I was privileged to witness the launch of the world’s first liquefied hydrogen carrier ship in Japan.

As the vessel slipped into the water I saw it not only as the launch of the first ship of its type to ever be built, but as the launch of a new era in which clean energy will be routinely transported between the continents. Shipping sunshine.

And, finally, because hydrogen operates in a similar way to natural gas, our natural gas generators can be reconfigured in the future as hydrogen-ready power plants that run on hydrogen — neatly turning a potential legacy into an added bonus.

Hydrogen-powered economy
We truly are at the dawn of a new, thriving industry.

There’s a nearly A$2 trillion global market for hydrogen come 2050, assuming that we can drive the price of producing hydrogen to substantially lower than A$2 per kilogram.

In Australia, we’ve got the available land, the natural resources, the technology smarts, the global networks, and the industry expertise.

And we now have the commitment, with the National Hydrogen Strategy unanimously adopted at a meeting by the Commonwealth, state and territory governments late last year.

Indeed, as I reflect upon my term as Chief Scientist, in this my last year, chairing the development of this strategy has been one of my proudest achievements.

The full results will not be seen overnight, but it has sown the seeds, and if we continue to tend to them, they will grow into a whole new realm of practical applications and unimagined possibilities.

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New Brunswick Small Modular Reactors promise clean energy, jobs, and economic growth, say NB Power, ARC Nuclear, and Moltex Energy; critics cite cost overruns, nuclear waste risks, market viability, and reliance on government funding.

Key Points

Compact reactors proposed in NB to deliver low-carbon power and jobs; critics warn of costs, waste, and market risks.

✅ Promised jobs, exports, and net-zero support via NB Power partnerships

✅ Critics cite cost overruns, nuclear waste, and weak market demand

✅ Government funding pivotal; ARC and Moltex advance licensing

When Mike Holland talks about small modular nuclear reactors, he sees dollar signs.

When the Green Party hears about them, they see danger signs.

The loquacious Progressive Conservative minister of energy development recently quoted NB Power's eye-popping estimates of the potential economic impact of the reactors: thousands of jobs and a $1 billion boost to the provincial economy.

"New Brunswick is positioned to not only participate in this opportunity, but to be a world leader in the SMR field," Holland said in the legislature last month.

'Huge risk' nuclear deal could let Ontario push N.B. aside, says consultant
'Many issues' with modular nuclear reactors says environmental lawyer
Green MLAs David Coon and Kevin Arseneau responded cheekily by ticking off the Financial and Consumer Services Commission's checklist on how to spot a scam.

Is the sales pitch from a credible source? Is the windfall being promised by a reputable institution? Is the risk reasonable?

For small nuclear reactors, they said, the answer to all those questions is no. 

"The last thing we need to do is pour more public money down the nuclear-power drain," Coon said, reminding MLAs of the Point Lepreau refurbishment project that went $1 billion over budget.

The Greens aside, New Brunswick politicians have embraced small modular reactors as part of a broader premiers' nuclear initiative to develop SMR technology, which they say can both create jobs and help solve the climate crisis.

Smaller and cheaper, supporters say
They're "small" because, depending on the design, they would generate from three to 300 megawatts of electricity, less than, for example, Point Lepreau's 660 megawatts.

It's the modular design that is supposed to make them more affordable, as explained in next-gen nuclear guides, with components manufactured elsewhere, sometimes in existing factories, then shipped and assembled. 

Under Brian Gallant, the Liberals handed $10 million to two Saint John companies working on SMRs, ARC Nuclear and Moltex Energy.

Greens point to previous fiascoes
The Greens and other opponents of nuclear power fear SMRS are the latest in a long line of silver-bullet fiascoes, from the $23 million spent on the Bricklin in 1975 to $63.4 million in loans and loan guarantees to the Atcon Group a decade ago.

"It seems that [ARC and Moltex] have been targeting New Brunswick for another big handout ... because it's going to take billions of dollars to build these things, if they ever get off the drawing board," said Susan O'Donnell, a University of New Brunswick researcher.

O'Donnell, who studies technology adoption in communities, is part of a small new group called the Coalition for Responsible Energy Development formed this year to oppose SMRs.

"What we really need here is a reasonable discussion about the pros and cons of it," she said.

Government touts economic spinoffs
According to the Higgs government's throne speech last month, if New Brunswick companies can secure just one per cent of the Canadian market for small reactors, the province would see $190 million in revenue. 

The figures come from a study conducted for NB Power by University of Moncton economist Pierre-Marcel Desjardins.

But a four-page public summary does not include any sales projections and NB Power did not provide them to CBC News. 

"What we didn't see was a market analysis," O'Donnell said. "How viable is the market? … They're all based on a hypothetical market that probably doesn't exist."

O'Donnell said her group asked for the full report but was told it's confidential because it contains sensitive commercial information.

Holland said he's confident there will be buyers. 

"It won't be hard to find communities that will be looking for a cost effective, affordable, safe alternative to generate their electricity and do it in a way that emits zero emissions," he said.

SMRs come in different sizes and while some proponents talk about using "micro" reactors to provide electricity to remote northern First Nations communities, ARC and Moltex plan larger models to sell to power utilities looking to shift away from coal and gas.

"We have utilities and customers across Canada, where Ontario's first SMR groundbreaking has occurred already, across the United States, across Asia and Europe saying they desperately want a technology like this," said Moltex's Saint John-based CEO for North America Rory O'Sullivan. 

"The market is screaming for this product," he said, adding "all of the utilities" in Canada are interested in Moltex's reactors

ARC's CEO Norm Sawyer is more specific, guessing 30 per cent of his SMR sales will be in Atlantic Canada, 30 per cent in Ontario, where Darlington SMR plans are advancing, and 40 per cent in Alberta and Saskatchewan — all provincial power grids.

O'Donnell said it's an important question because without a large number of guaranteed sales, the high cost of manufacturing SMRs would make the initiative a money-loser. 

The cost of building the world's only functioning SMR, in Russia, was four times what was expected. 

An Australian government agency said initial cost estimates for such major projects "are often initially too low" and can "overrun." 

Up-front costs can be huge
University of British Columbia physicist M.V. Ramana, who has authored studies on the economics of nuclear power, said SMRs face the same financial reality as any large-scale manufacturing.

"You're going to spend a huge amount of money on the basic fixed costs" at the outset, he said, with costs per unit becoming more viable only after more units are built and sold. 

He estimates a company would have to build and sell more than 700 SMRs to break even, and said there are not enough buyers for that to happen. 

But Sawyer said those estimates don't take into account technological advances.

"A lot of what's being said ... is really based on old technology," he said, estimating ARC would be viable even if it sold an amount of reactors in the low double digits. 

O'Sullivan agrees.

"In fact, just the first one alone looks like it will still be economical," he said. "In reality, you probably need a few … but you're talking about one or two, maximum three [to make a profit] because you don't need these big factories."

'Paper designs' prove nothing, says expert
Ramana doesn't buy it. 

"These are all companies that have been started by somebody who's been in the nuclear industry for some years, has a bright idea, finds an angel investor who's given them a few million dollars," he said.

"They have a paper design, or a Power Point design. They have not built anything. They have not tested anything. To go from that point … to a design that can actually be constructed on the field is an enormous amount of work." 

Both CEOs acknowledge the skepticism about SMRs.

'The market is screaming for this product,' said Moltex’s Saint John-based CEO for North America, Rory O’Sullivan. (Brian Chisholm, CBC)
"I understand New Brunswick has had its share of good investments and its share of what we consider questionable investments," said Sawyer, who grew up in Rexton.

But he said ARC's SMR is based on a long-proven technology and is far past the on-paper design stage "so you reduce the risk." 

Moltex is now completing the first phase of the Canadian Nuclear Safety Commission's review of its design, a major hurdle. ARC completed that phase last year.

But, Ramana said there are problems with both designs. Moltex's molten salt model has had "huge technical challenges" elsewhere while ARC's sodium-cooled system has encountered "operational difficulties."

Ottawa says nuclear is needed for climate goals
The most compelling argument for looking at SMRs may be Ottawa's climate change goals, and international moves like the U.K.'s green industrial revolution plan point to broader momentum.  

The national climate plan requires NB Power to phase out burning coal at its Belledune generating station by 2030. It's scrambling to find a replacement source of electricity.

The Trudeau government's throne speech in October promised to "support investments in renewable energy and next-generation clean energy and technology solutions."

And federal Natural Resources Minister Seamus O'Regan told CBC earlier this year that he's "very excited" about SMRs and has called nuclear key to climate goals in Canada as well.

"We have not seen a model where we can get to net-zero emissions by 2050 without nuclear,"  he said.

O'Donnell said while nuclear power doesn't emit greenhouse gases, it's hardly a clean technology because of the spent nuclear fuel waste. 

Government support is key 
She also wonders why, if SMRs make so much sense, ARC and Moltex are relying so much on government money rather than private capital.

Holland said "the vast majority" of funding for the two companies "has to come from private sector investments, who will be very careful to make sure they get a return on that investment."

Sawyer said ARC has three dollars for every dollar it has received from the province, and General Electric has a minority ownership stake in its U.S.-based parent company.

O'Sullivan said Moltex has attracted $5 million from a European engineering firm and $6 million from "the first-ever nuclear crowdfunding campaign." 

But he said for new technologies, including nuclear power, "you need government to show policy support.

"Nuclear technology has always been developed by governments around the world. This is a very new change to have an industry come in and lead this, so private investors can't take the risk to do that on their own," he said. 

So far, Ottawa hasn't put up any funding for ARC or Moltex. During the provincial election campaign, Higgs implied federal money was imminent, but there's been no announcement in the almost three months since then.

Last month the federal government announced $20 million for Terrestrial Energy, an Ontario company working on SMRs, alongside OPG's commitment to SMRs in the province, underscoring momentum.

"We know we have the best technology pitch," O'Sullivan said. "There's others that are slightly more advanced than us, but we have the best overall proposition and we think that's going to win out at the end of the day."

But O'Donnell said her group plans to continue asking questions about SMRs. 

"I think what we really need is to have an honest conversation about what these are so that New Brunswickers can have all the facts on the table," she said.

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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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Labor National Electricity Market Reform aims to rebalance NEM rules, support a fair-dinkum clean energy target, enable renewable zones, bolster storage and grid reliability, empower households, and unlock CEFC investment via the Finkel review.

Key Points

Labor's plan to overhaul NEM rules for households, clean energy targets, renewable zones, storage, and CEFC investment.

✅ Revises NEM rules to curb big generators' market power

✅ Backs a clean energy target informed by the Finkel review

✅ Expands renewable zones, storage, and CEFC finance

Australia's Labor leader Bill Shorten has called for significant changes to the rules governing the national electricity market, saying they are biased in favour of big energy generators, leaving households worse off even with measures like a WA electricity bill credit in place.

He said the national electricity market (NEM) rules are designed to help the big companies recoup the money they spent on purchasing government assets, a dynamic echoed in debates like a Calgary market overhaul dispute unfolding in Canada, rather than encourage households to generate their own power, and they need to change faster to adapt to consumer needs.

His comments hint at a possible overhaul of the NEM’s governance structure under a future Labor government, because the current rule-making process is too cumbersome and slow, with suggested rules changes taking years to be introduced.

Daniel Andrews defends claims that civil liberties a 'luxury' in fight against terrorism

Labor had promoted a similar idea in the lead-up to the 2016 election, with its call for an electricity modernization review, but now the Finkel review has been released it would be used to guide such a review.

In a speech to the Australian Financial Review’s National Energy Summit in Sydney on Monday, Shorten recommitted Labor to negotiating a “fair-dinkum” clean energy target with the Turnbull government, amid modelling that a strong clean energy target can lower electricity prices, saying “it’s time to put away the weapons of the climate change wars” and work together to find a way forward.

He said the media and business can all share the blame for Australia’s lost decade of energy policy development, with examples abroad showing how leadership steers change, such as in Alberta where Kenney's influence on power policy has been pronounced, but “we need to stop spoiling for a fight and start seeking a solution”.

“The scare campaigns and hyper-partisanship that got Australia into this mess, will not get us out of it,” he will say.

“That’s why, a bit over four months ago, before the chief scientist released his report, I wrote to the prime minister offering an olive branch.

“I said Labor was prepared to move from our preferred position of an emissions intensity scheme and negotiate a fair-dinkum clean energy target.

“That offer was greeted with some cynicism in the media. But let me be crystal clear – I made that offer in good faith, and that offer still stands.”

Shorten said Australia needs to resolve the current “gas crisis” and do more to drive investment in renewable energy that delivers more reliable electricity, a priority underscored by the IEA's warning that falling global energy investment risks shortages, and if Labor wins the next election it will organise Australia into a series of renewable energy zones – as recommended by the chief scientist, Alan Finkel – that identify wind, solar, pumped hydro and geothermal resources, and connect them to the existing network.

“These zones would be based on both existing generation and storage in the area – and the potential for future development,” he said.

Australia's politics only barrier to clean energy system, report finds

“Identifying these zones – from eastern Queensland, north-east New South Wales, west Victoria, the Eyre Peninsula in South Australia and the entire state of Tasmania – will also plant a flag for investors – signalling future sites for job-creating projects.”

Shorten also said Labor will free up the Clean Energy Finance Corporation to invest in more generation and more storage.

“Under Labor, the return benchmark for the CEFC was set at the weighted average of the Australian government bond rate.

“Under this government, it was initially increased to the weighted average plus 4% to 5% and is now set at the average plus 3% to 4%.

“Setting the return benchmark too high defeats the driving purpose of the CEFC and it holds back the crucial investment Australia needs – right now – in new generation and storage.

“This is why a Labor government would restore the original benchmark return of the Clean Energy Finance Corporation, to invest in more generation, more storage and more jobs.”

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