National Interest Transmission Corridor Designations stay: DOE

Clean Electricity Standard (CES) sets utility emissions targets, uses tradable credits, and advances decarbonization via technology-agnostic benchmarks, carbon capture, renewable portfolio standards, upstream methane accounting, and cap-and-trade alternatives in reconciliation policy.

Key Points

CES sets utility emissions targets using tradable credits and benchmarks to drive power-sector decarbonization.

✅ Annual clean energy targets phased to 2050

✅ Tradable credits for compliance across utilities

✅ Includes upstream methane and lifecycle emissions

The Biden Administration and Democratic members of Congress have supported including a clean electricity standard (CES) in the upcoming reconciliation bill. A CES is an alternative to pricing carbon dioxide through a tax or cap-and-trade program and focuses on reducing greenhouse gas emissions produced during electricity generation by establishing targets, while early assessments show mixed results so far. In principle, it is a technology-agnostic approach. In practice, however, it pushes particular technologies out of the market.

The details of the CES are still being developed, but recent legislation may provide insight into how the CES could operate. In May, Senator Tina Smith and Representative Ben Ray Luján introduced the Clean Energy Standard Act of 2019 (CESA), while Minnesota's 100% carbon-free mandate offers a state-level parallel, and in January 2020, the House Energy and Commerce Committee released a discussion draft of the Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act. Both bills increase the clean energy target annually until 2050 in order to phase out emissions. Both bills also create a credit system where clean sources of electricity as determined by a benchmark, carbon dioxide emitted per kilowatt-hour, receive credits. These credits may be transferred, sold, and auctioned so utilities that fail to meet targets can procure credits from others, as large energy customers push to accelerate clean energy globally.

The bills’ benchmarks vary, and while the CLEAN Future Act allows natural gas-fired generators to receive partial credits, CESA does not. Under both bills, these generators would be expected to install carbon capture technology to continue meeting increasing targets for clean electricity generation. Both bills go beyond considering the emissions resulting from generation and include upstream emissions for natural gas-fired generators. Natural gas, a greenhouse gas, that is leaked upstream of a generator during transportation is to be included among its emissions. The CLEAN Future Act also calls for newly constructed hydropower generators to account for the emissions associated with the facility’s construction despite producing clean electricity. These additional provisions demonstrate not only the CES’s inability to fully address the issue of emissions but also the slippery slope of expanding the program to include other markets, echoing cost and reliability concerns as California exports its energy policies across the West.

A majority of states have adopted clean energy, electricity, or renewable portfolio standards, with some considering revamping electricity rates to clean the grid, leaving legislators with plenty of examples to consider. As they weigh their options, legislators should consider if they are effectively addressing the problem at hand, economy-wide emissions reductions, and at what cost, drawing on examples like New Mexico's 100% clean electricity bill to inform trade-offs.

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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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Canada Electricity Supply Crunch underscores grid reliability risks, aging infrastructure, and rising demand, pushing upgrades in transmission, energy storage, smart grid technology, and renewable energy integration to protect industry, consumers, and climate goals.

Key Points

A nationwide power capacity shortfall stressing the grid, raising outage risks and slowing the renewable transition.

✅ Demand growth and aging infrastructure strain transmission capacity

✅ Smart grid, storage, and interties improve reliability and flexibility

✅ Accelerated renewables and efficiency reduce fossil fuel reliance

Canada, known for its vast natural resources and robust energy sector, is now confronting a significant challenge: a crunch in electrical supply. A recent report from EnergyNow.ca highlights the growing concerns over Canada’s electricity infrastructure, revealing that the country is facing a critical shortage that could impact both consumers and industries alike. This development raises pressing questions about the future of Canada’s energy landscape and its implications for the nation’s economy and environmental goals.

The Current Electrical Supply Dilemma

According to EnergyNow.ca, Canada’s electrical supply is under unprecedented strain due to several converging factors. One major issue is the rapid pace of economic and population growth, particularly in urban centers. This expansion has increased demand for electricity, putting additional pressure on an already strained grid. Compounding this issue are aging infrastructure and a lack of sufficient investment in modernizing the electrical grid to meet current and future needs, with interprovincial frictions such as the B.C. challenge to Alberta's export restrictions further complicating coordination.

The report also points out that Canada’s reliance on certain types of energy sources, including fossil fuels, exacerbates the problem. While the country has made strides in renewable energy, including developments in clean grids and batteries across provinces, the transition has not kept pace with the rising demand for electricity. This imbalance highlights a crucial gap in Canada’s energy strategy that needs urgent attention.

Economic and Social Implications

The shortage in electrical supply has significant economic and social implications. For businesses, particularly those in energy-intensive sectors such as manufacturing and technology, the risk of power outages or unreliable service can lead to operational disruptions and financial losses. Increased energy costs due to supply constraints could also affect profit margins and competitiveness on both domestic and international fronts, with electricity exports at risk amid trade tensions.

Consumers are not immune to the impact of this electrical supply crunch. The potential for rolling blackouts or increased energy prices, as debates over electricity rates and innovation continue nationwide, can strain household budgets and affect overall quality of life. Additionally, inconsistent power supply can affect essential services, including healthcare facilities and emergency services, highlighting the critical nature of reliable electricity for public safety and well-being.

Investment and Infrastructure Upgrades

Addressing the electrical supply crunch requires significant investment in infrastructure and technology, and recent tariff threats have boosted support for Canadian energy projects that could accelerate these efforts. The EnergyNow.ca report underscores the need for modernizing the electrical grid to enhance capacity and resilience. This includes upgrading transmission lines, improving energy storage solutions, and expanding the integration of renewable energy sources such as wind and solar power.

Investing in smart grid technology is also essential. Smart grids use digital communication and advanced analytics to optimize electricity distribution, detect outages, and manage demand more effectively. By adopting these technologies, Canada can better balance supply and demand, reduce the risk of blackouts, and improve overall efficiency in energy use.

Renewable Energy Transition

Transitioning to renewable energy sources is a critical component of addressing the electrical supply crunch. While Canada has made progress in this area, the pace of change needs to accelerate under the new Clean Electricity Regulations for 2050 that set long-term targets. Expanding the deployment of wind, solar, and hydroelectric power can help diversify the energy mix and reduce reliance on fossil fuels. Additionally, supporting innovations in energy storage and grid management will enhance the reliability and sustainability of renewable energy.

The EnergyNow.ca report highlights several ongoing initiatives and projects aimed at increasing renewable energy capacity. However, these efforts must be scaled up and supported by both public policy and private investment to ensure that Canada can meet its energy needs and climate goals.

Policy and Strategic Planning

Effective policy and strategic planning are crucial for addressing the electrical supply challenges, with an anticipated electricity market reshuffle in at least one province signaling change ahead. Government action is needed to support infrastructure investment, incentivize renewable energy adoption, and promote energy efficiency measures. Collaborative efforts between federal, provincial, and municipal governments, along with private sector stakeholders, will be key to developing a comprehensive strategy for managing Canada’s electrical supply.

Public awareness and engagement are also important. Educating consumers about energy conservation practices and encouraging the adoption of energy-efficient technologies can contribute to reducing overall demand and alleviating some of the pressure on the electrical grid.

Conclusion

Canada’s electrical supply crunch is a pressing issue that demands immediate and sustained action. The growing demand for electricity, coupled with aging infrastructure and a lagging transition to renewable energy, poses significant challenges for the country’s economy and daily life. Addressing this issue will require substantial investment in infrastructure, advancements in technology, and effective policy measures. By taking a proactive and collaborative approach, Canada can navigate this crisis and build a more resilient and sustainable energy future.

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ESCC COVID-19 Response coordinates utilities, public power, and cooperatives to protect the energy grid and electricity reliability, aligning with DOE, DHS, CDC, FERC, and NERC on continuity of operations, mutual assistance, and supply chain resilience.

Key Points

An industry government effort ensuring reliability, operations continuity and supply chain stability during COVID-19.

✅ Twice weekly ESCC calls align DOE, DHS, HHS, CDC, FERC, NERC priorities.

✅ Focus on control centers, generation, quarantine access, mutual aid.

✅ Resource Guide supports localized decisions and supply chain resilience.

The nation’s investor-owned electric companies, public power utilities, and electric cooperatives are working together to protect the energy grid as the U.S. grid addresses COVID-19 challenges and ensure continued access to safe and reliable electricity during the COVID-19 global health crisis.

The electric power industry has been planning for years, including extensive disaster planning across utilities, for an emergency like the COVID-19 pandemic, as well as countless other types of emergencies, and the industry is coordinating closely with government partners through the Electricity Subsector Coordinating Council (ESCC) to ensure that organizations have the resources they need to keep the lights on.

The ESCC is holding high-level coordination calls twice a week with senior leadership from the Departments of Energy, Homeland Security, and Health and Human Services, the Centers for Disease Control and Prevention, the Federal Energy Regulatory Commission, and the North American Electric Reliability Corporation. These calls help ensure that industry and government work together to resolve any challenges that arise during this health emergency and that electricity remains safe for customers.

“Electricity and the energy grid are indispensable to our society, and one of our greatest strengths as an industry is our ability to convene and adapt quickly to changing circumstances and challenging events,” said Edison Electric Institute President Tom Kuhn. “Our industry plans for all types of contingencies, with examples such as local response planning, and strong industry-government coordination and cross-sector collaboration are critical to our planning and response. We appreciate the ongoing leadership and support of our government partners as we all respond to COVID-19 and power through this crisis together.”

The ESCC quickly mobilized and established strategic working groups dedicated to identifying and solving for short-, medium-, and long-term issues facing the industry during the COVID-19 pandemic, with utilities implementing necessary precautions to maintain service across regions.

The five current areas of focus are:

1. Continuity of operations at control centers, including on-site staff lockdowns when needed
2. Continuity of operations at generation facilities
3. Access to, and operations in, restricted or quarantined areas
4. Protocols for mutual assistance
5. Supply chain challenges

“The electric power industry has taken steps to prepare for the evolving coronavirus challenges, while maintaining our commitment to the communities we serve, including customer relief efforts announced by some providers,” said National Rural Electric Cooperative Association CEO Jim Matheson. “We have a strong track record of preparing for many kinds of emergencies that could impact the ability to generate and deliver electricity. While planning for this situation is unique from other business continuity planning, we are taking actions to prepare to operate with a smaller workforce, potential disruptions in the supply chain, and limited support services for an extended period of time.”

The ESCC has developed a COVID-19 Resource Guide linked here and available at electricitysubsector.org. This document was designed to support electric power industry leaders in making informed localized decisions in response to this evolving health crisis. The guide will evolve as additional recommended practices are identified and as more is learned about appropriate mitigation strategies.

“The American Public Power Association (APPA) continues to work with our communityowned public power members and our industry and government partners to gather and share upto-date information, best practices, and guidance to support them in safely maintaining operational integrity,” said APPA CEO Joy Ditto.

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Ukraine Power Grid Attacks intensify as missile and drone strikes hit substations and power plants, causing blackouts, humanitarian crises, strained hospitals, and emergency repairs, with winter energy shortages and civilian infrastructure damage worsening nationwide.

Key Points

Strikes on energy infrastructure causing blackouts, service disruption, and heightened humanitarian risk in winter.

✅ Missile and drone strikes cripple plants, substations, and lines

✅ Blackouts disrupt water, heating, hospitals, and critical services

✅ Emergency repairs, generators, and aid mitigate winter shortages

Ukraine's energy infrastructure remains a primary target in Russia's ongoing invasion, with a recent wave of missile strikes causing power outages in western regions and disrupting critical services across the country. These attacks have devastating humanitarian consequences, leaving millions of Ukrainians without heat, water, and electricity as winter approaches.

Systematic Targeting of Energy Infrastructure

Russia's strategy of deliberately targeting Ukraine's power grid marks a significant escalation, directly affecting the lives of civilians. Power plants, substations, and transmission lines have been hit with missiles and drones, with the latest strikes in late April causing blackouts in cities across Ukraine, including the capital, Kyiv, as the country fights to keep the lights on amid relentless bombardment.

Humanitarian Catastrophe Looms

The damage to Ukraine's electrical system hinders essential services like water supply, sewage treatment, and heating. Hospitals and other critical facilities struggle to operate without reliable power. With winter around the corner, the ongoing attacks threaten a humanitarian catastrophe even as authorities outline plans to keep the lights on this winter for vulnerable communities.

Ukrainian Resolve Remains Unbroken

Despite the devastation, Ukrainian engineers and workers race against time to repair damaged infrastructure and restore power as quickly as possible, while communities adopt new energy solutions to overcome blackouts to maintain essential services. The nation's energy workers have been hailed as heroes for their tireless efforts to keep the lights on amidst relentless attacks. Officials have urged civilians to reduce energy consumption whenever possible to alleviate strain on the fragile grid.

International Condemnation and Support

The systematic attacks on Ukraine's power grid have been widely condemned by the international community.  Western nations have accused Russia of war crimes, highlighting the deliberate targeting of civilian infrastructure. Aid organizations and countries are coordinating efforts to provide emergency power supplies, including generators and transformers, to help Ukraine mitigate the immediate crisis, even as the U.S. ended support for grid restoration in a recent policy shift.

Implications Beyond Ukraine

The humanitarian crisis unfolding in Ukraine due to power grid attacks carries implications far beyond its borders. The disruption of energy supplies could lead to further instability in neighbouring countries dependent on Ukraine's power exports, although officials say electricity reserves are sufficient to prevent scheduled outages if attacks subside. Additionally, a surge in Ukrainian refugees fleeing the deteriorating conditions could put a strain on resources within the European Union.

War Crimes Allegations

International human rights organizations are documenting evidence of Russia's deliberate attacks on Ukraine's civilian infrastructure. Human Rights Watch (HRW) has stated that Russia's targeting of power stations could violate the laws of war and amount to war crimes. This documentation will be crucial for holding Russia accountable for its actions in the future.

Uncertain Future for Ukraine's Power Supply

The long-term consequences of Russia's sustained attacks on Ukraine's power grid remain uncertain. While Ukrainian workers demonstrate incredible resilience, the sheer scale of repeated damage may eventually overwhelm their ability to keep pace with repairs, and, as winter looms over the battlefront, electricity is civilization for frontline communities. Rebuilding destroyed infrastructure could take years and cost billions, a daunting task for a nation already ravaged by war.

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UK Energy Price Guarantee Cost forecasts from Cornwall Insight suggest an £89bn bill, tied to wholesale gas prices, OBR projections, and fiscal policy, to shield households amid the cost of living crisis.

Key Points

It is the projected government spend to cap household bills, driven by wholesale gas prices and OBR market forecasts.

✅ Base case: £89bn over two years, per Cornwall Insight

✅ Range: £72bn to £140bn, volatile wholesale gas costs

✅ Excludes 6-month business support estimated at £22bn-£48bn

Liz Truss’s intervention to freeze energy prices for households for two years is expected to cost the government £89bn, according to the first major costing of the policy by the sector’s leading consultancy.

The analysis from Cornwall Insight, seen exclusively by the Guardian, shows the prime minister’s plan to tackle the cost of living crisis could cost as much as £140bn in a worst-case scenario.

Truss announced in early September that the average annual bill for a typical household would be capped at £2,500 to protect consumers from the intensifying cost of living crisis amid high winter energy costs and a scheduled 80% rise in the cap to £3,549.

The ultimate cost of the policy is uncertain as it is highly dependent on the wholesale cost of gas, including UK natural gas prices which have soared since Russia’s invasion of Ukraine put a squeeze on already-volatile international markets. Ballpark projections had put the cost anywhere from £100bn to £150bn.

The Office for Budget Responsibility is expected to give its forecast for the bill when it provides its independent assessment of Kwasi Kwarteng’s medium-term fiscal plan, which the chancellor said on Tuesday would still happen on 23 November despite previous reports that it would be brought forward.

Cornwall Insight analysed projections of wholesale market moves to cost the intervention. In its base case scenario, analysts expect the policy to cost £89bn. That assumes the cost of supporting each household would be just over £1,000 in the first year, and about £2,000 in the second year.

The study’s authors said the wholesale price of gas would be influenced by energy demand, the severity of weather, “geo-political uncertainty” and prices for liquified natural gas as Europe seeks to refill storage facilities, which countries have rushed to fill up this winter but which could be relatively empty by next spring.

In the best-case outcome, the policy would cost £72bn, with some projections pointing to a 16% decrease in energy bills in April for households, while the “extreme high” outlook would see the government shell out £140bn to protect 29m UK households.

Gas prices are expected to push even higher if the Kremlin decides to completely cut off Russian gas exports into Europe.

Cornwall Insight’s projection does not include a separate six-month initiative to cap costs for companies, charities and public sector organisations, which is forecast to cost £22bn to £48bn.

The consultancy’s chief executive, Gareth Miller, said the £70bn range in its forecasts reflected “a febrile wholesale market continuing to be beset by geopolitical instability, sensitivity to demand, weather and infrastructure resilience”.

He said: “Fortune befriends the bold, but it also favours the prepared. The large uncertainties around commodity markets over the next two years means that the government could get lucky with costs coming out at the low end of the range, but the opposite could also be true.

“In each case, the government may find itself passengers to circumstances outside its control, having made policy that is a hostage to surprises, events and volatile factors. That’s a difficult position to be in.”

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The government has faced criticism, as some British MPs urge tighter limits on prices, that the policy is effectively a “blank cheque” and is not targeted at the most vulnerable in society.

Concerns over how Truss and Kwarteng intend to fund a series of measures, including the price guarantee, have spooked financial markets.

The EU, which has outlined possible gas price cap strategies in recent proposals, said last week it planned to cap the revenues of low-carbon electricity generators at €180 a megawatt hour, which is less than half current market prices. Truss has so far resisted calls to extend a levy on North Sea oil and gas operators to electricity generators, who have benefited from a link between gas and electricity prices in Britain.

Truss hopes to strike voluntary long-term deals with generators including Centrica and EDF, alongside the government’s Energy Security Bill measures, to bring down wholesale prices.

The Financial Times reported on Tuesday that the government has threatened companies with legislation to cap their revenues if voluntary deals cannot be agreed.

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