Abitibi hydro assets sold to unnamed buyer

By Kenoray Daily Miner and News


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AbitibiBowater has reached an agreement with a buyer for its Ontario hydroelectric assets which include power dams in Kenora, Fort Frances and Iroquois Falls.

The company released few details about the deal in a brief statement. The buyers are unnamed, described only by the company as "a major Canadian institutional investor and a private Canadian renewable energy company."

The hydro assets, spun off as a separate company called ACH LP in 2007, are co-owned 75/25 by Abitibi and Quebec pension fund Caisse de Depot et Placement du Quebec. ACH was valued at $640 million at the time of the sale.

The eight hydroelectric stations that make up ACH LP have a combined installed capacity of 137 MW, with a generating capacity of 131 MW and annualized production of 828 gigawatt hours. The stations include two in Kenora, one at the Fort Frances mill, two remote stations at Sturgeon Falls and Calm Lake in the Rainy River District, a station at Iroquois Falls and two remote stations in that region at Twin Falls and Island Falls.

As part of the ownership deal the company struck with the Caisse de Depot, it will also be selling its 25 per cent stake in ACH to the buying consortium.

In its news release the company said it will net $300 million in cash from the sale of which $100 million will immediately be applied to pay down company debt.

AbitibiBowater also noted its debt to Caisse de Depot of $250 million stemming from financing for the creation of ACH in 2007 will remain on the company books.

As a condition of the sale long-term power purchase agreements for the company's mills in Iroquois Falls and Fort Frances will also remain in place.

"We intend to protect the cost structures of the Iroquois Falls and Fort Frances mills and remain committed to reducing costs," noted Abitibi president Richard Garneau.

The sale of its the Ontario hydro assets comes after the company emerged from credit protection in Canada and the U.S. this year.

Between April 2009 and December of 2010 the company sold $940 million in assets including its $615 million stake in group of Quebec hydroelectric stations. When it emerged from creditor protection overall debt had been reduced to $850 million from $6.8 billion. Most of the reduced debt was settled by swapping debt of equity in new stock issue with unsecured creditors.

The hydro sale will require government approval and other conditions being met said the company, a process it expects to take about 60 days.

Municipal officials in Iroquois Falls have expressed concerns about the sale since the company announced it was looking for a possible buyer last year.

Earlier this month Iroquois Falls Mayor Gilles Forget said he would oppose any sale as he feared it would eventually mean an end to the low cost power supply the hydro dam supplies the mill in his community.

Forget said he would taking his case to the provincial government which holds the water lease required to generate power at the dams.

Forget said the dams have always allowed the Iroquois Falls operation to be a cost-efficient mill. Without them, he said, it loses its power advantage.

"I was quite vocal in telling him Abitibi CEO Richard Garneau that I was going to try and stop the process and the sale and I would fight this right to the end," Forget said.

The company will also have to satisfy Fort Frances of the security of its open-ended arrangement for a block of power, or the cash equivalent, it receives from the ACH power station there. As part of the original mill construction plans in Fort Frances begun in 1905, the municipality approved the transfer of water rights to the mill in exchange for 4,000 horsepower 3 MW of electricity to be supplied annually to the town at a nominal cost. That arrangement, worth about $2 million annually to the town's residents in reduced electrical bills these days, was confirmed in a Supreme Court of Canada decision in 1983 when Boise Cascade, the mill and dam owners at the time, attempted to cancel the power supply arrangement.

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As peak wildfire season nears, SDG&E completes work on microgrid in Ramona

SDG&E Ramona Microgrid delivers renewable energy and battery storage for wildfire mitigation, grid resilience, and PSPS support, powering the Cal Fire Air Attack Base with a 500 kW, 2,000 kWh lithium-ion system during outages.

 

Key Points

A renewable, battery-backed microgrid powering Ramona's Air Attack Base, boosting wildfire response and PSPS resilience.

✅ 500 kW, 2,000 kWh lithium-ion storage replaces diesel

✅ Keeps Cal Fire and USFS aircraft operations powered

✅ Supports PSPS continuity and rural water reliability

 

It figures to be another dry year — with the potential to spark wildfires in the region. But San Diego Gas & Electric just completed a renewable energy upgrade to a microgrid in Ramona that will help firefighters and reduce the effects of power shutoffs to backcountry residents.

The microgrid will provide backup power to the Ramona Air Attack Base, helping keep the lights on during outages, home to Cal Fire and the U.S. Forest Service's fleet of aircrafts that can quickly douse fires before they get out of hand.

"It gives us peace of mind to have backup power for a critical facility like the Ramona Air Attack Base, especially given the fact that fire season in California has become year-round," Cal Fire/San Diego County Fire Chief Tony Mecham said in a statement.

The air attack base serves as a hub for fixed-wing aircraft assigned to put out fires. Cal Fire staffs the base throughout the year with one two airtankers and one tactical aircraft. The base also houses the Forest Service's Bell 205 A++ helicopter and crew to protect the Cleveland National Forest. Aircraft for both CalFire and the Forest Service can also be mobilized to help fight fires throughout the state.

This summer, the Ramona microgrid won't have to rely on diesel generation. Instead, the facility next to the town's airport will be powered by a 500 kilowatt and 2,000 kilowatt-hour lithium-ion battery storage system that won't generate any greenhouse gas emissions.

"What's great about it, besides that it's a renewable resource, is that it's a permanent installation," said Jonathan Woldemariam, SDG&E's director of wildfire mitigation and vegetation management. "In other words, we don't have to roll a portable generator out there. It's something that can be leveraged right there because it's already installed and ready to go."

Microgrids have taken on a larger profile across the state because they can operate independently of the larger electric grid, where repairing California's grid is an ongoing challenge, thus allowing small areas or communities to keep the power flowing for hours at a time during emergencies.

That can be crucial in wildfire-prone areas affected by Public Safety Power Shutoffs, or PSPS, the practice in which investor-owned utilities in California de-energize electrical power lines in a defined area when conditions are dry and windy in order to reduce the risk of a power line falling and igniting a wildfire, while power grid upgrades move forward statewide.

Rural and backcountry communities are particularly hard hit when the power is pre-emptively cut off because many homes rely on water from wells powered by electricity for their homes, horses and livestock.

In addition to Ramona, SDG&E has established microgrids in three other areas in High Fire Threat Districts:

The microgrids in Butterfield Ranch and Shelter Valley run on diesel power but the utility plans to complete solar and battery storage systems for each locale by the end of next year, as other regions develop new microgrid rules to guide deployment.

SDG&E has a fifth microgrid in operation — in Borrego Springs, which in 2013 became the first utility-scale microgrid in the country. It provides grid resiliency to the roughly 2,700 residents of the desert town and serves as a model for integrated microgrid projects elsewhere in delivering local electricity. While the Borrego Springs microgrid is not located in a High Fire Threat District, "when and if any power is turned off, especially the power transmission feed that goes to Borrego, we can support the customers using the microgrid out there," Woldemariam said.

Microgrid costs can be higher than conventional energy systems, even as projected energy storage revenue grows over the next decade, and the costs of the SDG&E projects are passed on to ratepayers. As per California Public Utilities Commission rules, the financial details for each of microgrid are kept confidential for at least three years.

SDG&E's microgrids are part of the utility's larger plan to reduce wildfire risk that SDG&E files with the utilities commission. In its wildfire plan for 2020 through 2022, SDG&E expected to spend $1.89 billion on mitigation measures.

 

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Ford deal to build electric cars in Oakville comes amid $500M government cash to upgrade plant

Ford Oakville EV investment secures government funding, Unifor deal, and plant retooling, channeling $500 million plus $1.98 billion for Canadian electric vehicle manufacturing, Windsor engine contracts, and 2025 production, strengthening Ontario's auto industry.

 

Key Points

Government and Ford will retool Oakville for EVs, creating jobs under a Unifor deal and Windsor engine work.

✅ $500M government funding for plant retooling

✅ Ford commits $1.98B; five new EVs by 2025

✅ Unifor deal adds Windsor engine work, jobs

 

The federal government and Ontario have pledged to spend up to $500 million to make the Ford plant in Oakville, Ont., able to build electric vehicles, aligning with efforts to capitalize on the U.S. EV pivot underway.

The future of the plant has been a key question for Canada's automotive industry, as moves like GM's Ontario EV deal point to broader changes, ever since the Unifor union started negotiating with the automaker for a new three-year pact to cover the company's Canadian workforce.

The two sides struck a deal a few hours after a midnight strike deadline on Tuesday morning, one that will see the company commit $1.98 billion to build five new electric vehicles and an engine contract that could yield new EV jobs in Windsor, Ont.

Ford has previously committed to spending $11 billion US to develop and manufacture electric vehicles, but so far all of that money was earmarked for Ford plants in Mexico and the company's home state of Michigan.

"With Oakville gaining such a substantial portion of Ford's planned investment, the assembly plant and its workers are better set for employment going forward," said Sam Fiorani, vice-president of global forecasting at AutoForecast Solutions.

Unifor's 'unique' Ford deal includes 5 new electric vehicles in Oakville, engine for Windsor plants
Currently, the plant builds the Ford Edge and Lincoln Nautilus, but concerns over the plant's future emerged earlier this year when a report suggested Ford was contemplating scrapping the Edge altogether. The new vehicles will come as welcome news for the plant, even as Fiorani says he worries that demand for the electric vehicles (EV) has so far not lived up to the hype.

"The EV market is coming, and Ford looks to be preparing for it. However, the demand is just not growing in line with the proposed investment from all vehicle manufacturers," he said.

Plant needs upgrade first
And the plant can't simply flip a switch and start building an entirely new type of vehicle. It will require a major retooling, and that will require time — and cash — to happen, which is where government cash comes in, as seen with a Niagara Region battery plant supporting the EV supply chain.

As first reported by the Toronto Star, the two branches of government have committed to spent up to $500 million combined to upgrade the plant so that it can build electric vehicles.

"The retooling will begin in 2024 with vehicles rolling off the line in 2025," Unifor president Jerry Dias said. "So we know this is a decades-long commitment."

It's not clear what portion of the cash will come from what branch of government, but CBC News has previously reported that Wednesday's throne speech is expected to contain a number of policies aimed at beefing up Canada's electric vehicle industry, as EV assembly deals are putting Canada in the race, both on the consumer side and for businesses that build them.

Ontario's minister of economic development and trade welcomed the news of a tentative deal on Tuesday and confirmed that Queen's Park legislators stand ready to do their part, as shown by Honda's Ontario battery investment moves in the province.

"Our government will always work with our federal colleagues, workers and the auto sector to ensure the right conditions are in place for the industry to remain stable today and seize the new opportunities of tomorrow," a spokesperson for Vic Fedeli told CBC News in an emailed statement Tuesday.

 

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Feds to study using electricity to 'reduce or eliminate' fossil fuels

Electrification Potential Study for Canada evaluates NRCan's decarbonization roadmap, assessing electrification of end uses and replacements for fossil fuels across transportation, buildings, and industry, including propane, diesel, natural gas, and coal, to guide energy policy.

 

Key Points

An NRCan study assessing electrification to replace fossil fuels across sectors and guide deep decarbonization R&D.

✅ Evaluates non-electric alternatives alongside electrification paths

✅ Covers propane, diesel, natural gas, and coal end uses

✅ Guides NRCan R&D priorities for deep decarbonization

 

The federal government wants to spend up to $300,000 on a study aimed at understanding whether existing electrical technologies can “reduce or eliminate” fossil fuels used for virtually every purpose other than generating electricity.

The proposal has caused consternation within the Saskatchewan government, whose premier has criticized a 2035 net-zero grid target as shifting the goalposts, and which has spent months attacking federal policies it believes will harm the Western Canadian energy sector without meaningfully addressing climate change.

Procurement documents indicate the “Electrification Potential Study for Canada” will provide “strategic guidance on the need to pursue both electric and non-electric energy research and development to enable deep decarbonisation scenarios.”

“It is critical that (Natural Resources Canada) as a whole have a cross-sectoral, consistent, and comprehensive understanding of the viability of electric technologies as a replacement for fossil fuels,” the documents state.

The study proponent will be asked to examine possible replacements for a range of fuels, including propane, transportation fuel, fuel oil, diesel, natural gas and coal, even as Alberta maps a path to clean electricity for its grid. Only international travel fuel and electricity generation are outside the scope of the study.

“To be clear, the consultant should not answer these questions directly, but should conduct the analysis with them in mind. The goal … is to collate data which can be used by (Natural Resources Canada) to conduct analysis related to these questions,” the documents state.

Natural Resources Canada issued the request for proposals one week before Prime Minister Justin Trudeau officially launched a 40-day election campaign in which climate and energy policy, including debates over Alberta's power market like a Calgary retailer's challenge, is expected to play a defining role.

It also comes as the federal government works to complete the controversial Trans Mountain Pipeline Expansion project through British Columbia, amid tariff threats boosting support for Canadian energy projects, which it bought last year for $4.5 billion and is currently bogged down in the court system.

A Natural Resources Canada spokeswoman said the ministry would not be able to respond to questions until sometime on Thursday.

While the documents make clear that the study aims to answer unresolved questions about what the International Energy Agency calls an increasingly-electric future, with clean grid and storage trends emerging, without a specific timeline, the provincial government is far from thrilled.

Energy and Resources Minister Bronwyn Eyre said the document reflects the federal government’s “hostility” to the energy sector, even as Alberta's electricity sector faces profound change, because government ministries like Natural Resources Canada don’t do anything without political direction.

Asked whether a responsible government should consider every option before taking a decision, Eyre said a government that was not interested in eliminating fossil fuels entirely would not have used such “strong” language in a public document, noting that provinces like Ontario are grappling with hydro system problems as well.

“I think it’s a real wake-up call to what (Ottawa’s) endgame really is here,” she said, adding that the document does not ask the proponent to conduct an economic impact analysis or consider potential job losses in the energy sector.

The study is organized by Natural Resources Canada’s office of energy research and development, which is tasked with accelerating energy technology “in order to produce and use energy in … more clean and efficient ways,” the documents state.

Bidding on the proposal closes Oct. 14, one week before the federal election. The successful proponent must deliver a final report in April 2020, according to the documents.

 

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Alberta Ends Moratorium on Renewable Energy Projects

Alberta Ends Renewable Energy Moratorium, accelerating wind and solar deployment while prioritizing grid stability, reliability, and infrastructure upgrades to attract investment, cut emissions, meet climate targets, and integrate renewables into the provincial power system.

 

Key Points

It is Alberta's decision to lift a pause on new wind and solar projects while enhancing grid reliability.

✅ Resumes wind and solar development across Alberta.

✅ Focuses on grid stability and infrastructure upgrades.

✅ Aims to attract investment and meet climate targets.

 

The Alberta government has announced the end of a temporary suspension on the development of new renewable energy projects, as the power grid operator prepares to accept green energy bids across the market. This pause, which had been in place since May 2023, was initially implemented to evaluate the effects of rapid growth in renewable energy installations on the province's power grid and overall energy system. However, the decision to lift the moratorium reflects a shift in the government’s approach to balancing energy needs and environmental goals.

The suspension was introduced amid concerns that the swift expansion of wind and solar energy projects, including documented challenges with solar energy expansion in the province, could place undue stress on Alberta's electrical grid and infrastructure. Officials expressed worries about the ability of the grid to handle the increased load and the potential need for upgrades to accommodate new renewable energy sources. The government aimed to assess the implications of this growth and determine appropriate measures to ensure that the energy system could support both existing and future demands.

The moratorium drew significant criticism from various sectors, including renewable energy companies, environmental advocates, and local communities. Critics argued that the pause was detrimental to Alberta's efforts to transition to cleaner energy sources and meet climate targets, citing cases like TransAlta scrapping a wind farm amid policy uncertainty. They pointed out that halting projects could delay investments and job creation associated with the renewable energy sector, potentially impeding progress towards a more sustainable energy future.

In response to these concerns, the Alberta government conducted further reviews and consultations. The decision to cancel the pause reflects the government’s recognition of the importance of advancing renewable energy initiatives while also addressing the need for grid stability and infrastructure development. By ending the moratorium, the government aims to support the continued growth of renewable energy projects and maintain momentum in the shift towards greener energy solutions.

The lifting of the moratorium is expected to have a positive impact on the renewable energy industry in Alberta. Several planned projects that were put on hold can now proceed, leading to renewed investment and economic benefits, including a renewable energy surge that could power 4,500 jobs across the province. The government’s decision signals a commitment to integrating renewable energy sources into the provincial grid in a way that ensures both reliability and sustainability.

Going forward, the Alberta government plans to implement measures to better manage the integration of renewable energy into the existing power infrastructure. This includes addressing any potential challenges related to grid capacity and ensuring that the growth of renewable energy projects aligns with the province's overall energy strategy, as recent federal procurement such as a $500M green electricity contract with an Edmonton company underscores demand that integration efforts must accommodate. The goal is to create a balanced approach that supports the development of clean energy while maintaining the stability and efficiency of the energy system.

The end of the moratorium aligns with Alberta’s broader objectives to reduce greenhouse gas emissions and promote environmental sustainability within a province recognized as a powerhouse for both green energy and fossil fuels in Canada. The government’s approach reflects a willingness to adapt policies and strategies in response to evolving industry needs and environmental priorities. By removing the pause, Alberta demonstrates its commitment to fostering a diverse and resilient energy sector that can meet both current and future demands.

The decision to cancel the moratorium is also seen as a move to reinforce Alberta’s position as a leader in renewable energy development. With the lifting of restrictions, the province can continue to attract investment in clean energy projects, as neighboring jurisdictions such as B.C. streamline clean energy approvals to accelerate deployment, enhance its reputation as a progressive energy market, and contribute to global efforts to address climate change.

In summary, the Alberta government’s decision to lift the pause on renewable energy projects represents a significant shift in its approach to energy policy. The move reflects an acknowledgment of the importance of advancing renewable energy while addressing the practical challenges associated with grid management and infrastructure development. By ending the moratorium, Alberta aims to support the growth of clean energy initiatives and maintain its commitment to sustainability and environmental responsibility.

 

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Investing in a new energy economy for Montana

Montana New Energy Economy integrates grid modernization, renewable energy, storage, and demand response to cut costs, create jobs, enable electric transportation, and reduce emissions through utility-scale efficiency, real-time markets, and distributed resources.

 

Key Points

Plan to modernize Montana's grid with renewables, storage and efficiency to lower costs, cut emissions and add jobs.

✅ Grid modernization enables real-time markets and demand response

✅ Utility-scale renewables paired with storage deliver firm power

✅ Efficiency and DERs cut peaks, costs, and pollution

 

Over the next decade, Montana ratepayers will likely invest over a billion dollars into what is now being called the new energy economy.

Not since Edison electrified a New York City neighborhood in 1882 have we had such an opportunity to rethink the way we commercially produce and consume electric energy.

Looking ahead, the modernization of Edison’s grid will lower the consumer costs, creating many thousands of permanent, well-paying jobs. It will prepare the grid for significant new loads like America going electric in transportation, and in doing so it will reduce a major source of air pollution known to directly threaten the core health of Montana and the planet.

Energy innovation makes our choices almost unrecognizable from the 1980s, when Montana last built a large, central-station power plant. Our future power plants will be smaller and more modular, efficient and less polluting — with some technologies approaching zero operating emissions.

The 21st Century grid will optimize how the supply and demand of electricity is managed across larger interconnected service areas. Utilities will interact more directly with their consumers, with utility trends guiding a new focus on providing a portfolio of energy services versus simply spinning an electric meter. Investments in utility-scale energy efficiency — LED streetlights, internet-connected thermostats, and tightening of commercial building envelopes among many — will allow consumers to directly save on their monthly bills, to improve their quality of life, and to help utilities reduce expensive and excessive peaks in demand.

The New Energy Economy will be built not of one single technology, but of many — distributed over a modernized grid across the West that approaches a real-time energy market, as provinces pursue market overhauls to adapt — connecting consumers, increasing competition, reducing cost and improving reliability.

Boldly leading the charge is a new and proven class of commercial generation powered by wind and solar energy, the latter of which employs advanced solid-state electronics, free fuel and no emissions or moving parts. Montana is blessed with wind and solar energy resources, so this is a Made-in-Montana energy choice. Note that these plants are typically paired with utility-scale energy storage investments — also an essential building block of the 21st century grid — to deliver firm, on-demand electric service.

Once considered new age and trendy, these production technologies are today competent and shovel-ready. Their adoption will build domestic energy independence. And, they are aggressively cost-competitive. For example, this year the company ISO New England — operator of a six-state grid covering all of New England — released an all-source bid for new production capacity. Unexpectedly, 100% of the winning bids were large solar electric power and storage projects, as coal and nuclear disruptions continue to shape markets. For the first time, no applications for fossil-fueled generation cleared auction.

By avoiding the burning of traditional fuels, the new energy technologies promise to offset and eventually eliminate the current 1,500 million metric tons of damaging greenhouse gases — one-quarter of the nation’s total — that are annually injected into the atmosphere by our nation’s current electric generation plants. The first step to solving the toughest and most expensive environmental issues of our day — be they costly wildfires or the regional drought that threatens Montana agriculture and outdoor recreation — is a thoughtful state energy policy, built around the new energy economy, that avoids pitfalls like the Wyoming clean energy bill now proposed.

Important potential investments not currently ready for prime time are also on the horizon, including small and highly efficient nuclear innovation in power plants — called small modular reactors (SMR) — designed to produce around-the-clock electric power with zero toxic emissions.

The nation’s first demonstration SMR plant is scheduled to be built sometime late this decade. Fingers are crossed for a good outcome. But until then, experts agree that big questions on the future commercial viability of nuclear remain unanswered: What will be SMR’s cost of electricity? Will it compete? Where will we source the refined fuel (most uranium is imported), and what will be the plan for its safe, permanent disposal?

So, what is Montana’s path forward? The short answer is: Hopefully, all of the above.

Key to Montana’s future investment success will be a respectful state planning process that learns from Texas grid improvements to bolster reliability.

Montanans deserve a smart and civil and bipartisan conversation to shape our new energy economy. There will be no need, nor place, for parties that barnstorm the state about "radical agendas" and partisan name calling – that just poisons the conversation, eliminates creative exchange and pulls us off task.

The task is to identify and vet good choices. It’s about permanently lowering energy costs to consumers. It’s about being business smart and business friendly. It’s about honoring the transition needs of our legacy energy communities. And, it’s about stewarding our world-class environment in earnest. That’s the job ahead.

 

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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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