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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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San Juan Generating Station eyed for $1 coal-plant sale, as Farmington and Acme propose CCS retrofit, meeting emissions caps and renewable mandates by selling captured CO2 for enhanced oil recovery via a nearby pipeline.

Key Points

A New Mexico coal plant eyed for $1 and a CCS retrofit to cut emissions and sell CO2 for enhanced oil recovery.

✅ $400M-$800M CCS retrofit; 90% CO2 capture target

✅ CO2 sales for enhanced oil recovery; 20-mile pipeline gap

✅ PNM projects shutdown savings; renewable and emissions mandates

One dollar. That’s how much an aging New Mexico coal plant is worth. And by some estimates, even that may be too much.

Acme Equities LLC, a New York-based holding company, is in talks to buy the 847-megawatt San Juan Generating Station for $1, after four of its five owners decided to shut it down. The fifth owner, the nearby city of Farmington, says it’s pursuing the bargain-basement deal with Acme to avoid losing about 1,600 direct and indirect jobs in the area amid a broader just transition debate for energy workers.

We respectfully disagree with the notion that the plant is not economical

Acme’s interest comes as others are looking to exit a coal industry that’s been plagued by costly anti-pollution regulations. Acme’s plan: Buy the plant "at a very low cost," invest in carbon capture technology that will lower emissions, and then sell the captured CO2 to oil companies, said Larry Heller, a principal at the holding group.

By doing this, Acme “believes we can generate an acceptable rate of return,” Heller said in an email.

Meanwhile, San Juan’s majority owner, PNM Resources Inc., offers a distinctly different view, echoing declining coal returns reported by other utilities. A 2022 shutdown will push ratepayers to other energy alternatives now being planned, saving them about $3 to $4 a month on average, PNM has said.

“We could not identify a solution that would make running San Juan Generating Station economical,” said Tom Fallgren, a PNM vice president, in an email.

The potential sale comes as a new clean-energy bill, supported by Governor Lujan Grisham, is working its way through the state legislature. It would require the state to get half of its power from renewable sources by 2030, and 100 percent by 2045, even as other jurisdictions explore small modular reactor strategies to meet future demand. At the same time, the legislation imposes an emissions cap that’s about 60 percent lower than San Juan’s current levels.

In response, Acme is planning to spend $400 million to $800 million to retrofit the facility with carbon capture and sequestration technology that would collect carbon dioxide before it’s released into the atmosphere, Heller said. That would put the facility into compliance with the pending legislation and, at the same time, help generate revenue for the plant.

The company estimates the system would cut emissions by as much as 90 percent, and the captured gas could be sold to oil companies, which uses it to enhance well recovery. The bottom line, according to Heller: “A winning financial formula.”

It’s a tricky formula at best. Carbon-capture technology has been controversial, even as new coal plant openings remain rare, expensive to install and unproven at scale. Additionally, to make it work at the San Juan plant, the company would need to figure out how to deliver the CO2 to customers since the nearest pipeline is about 20 miles (32 kilometers) away.

Reducing costs

Acme is also evaluating ways to reduce costs at San Juan, Heller said, including approaches seen at operators extending the life of coal plants under regulatory scrutiny, such as negotiating a cheaper coal-supply contract and qualifying for subsidies.

Farmington’s stake in the plant is less than 10 percent. But under terms of the partnership, the city — population 45,000 — can assume full control of San Juan should the other partners decide to pull out, mirroring policy debates over saving struggling nuclear plants in other regions. That’s given Farmington the legal authority to pursue the plant’s sale to Acme.

At the end of the day, nobody wants the energy

“We respectfully disagree with the notion that the plant is not economical,” Farmington Mayor Nate Duckett said by email. Ducket said he’s in better position than the other owners to assess San Juan’s importance “because we sit at Ground Zero.”

The city’s economy would benefit from keeping open both the plant and a nearby coal mine that feeds it, according to Duckett, with operations that contribute about $170 million annually to the local area.

While the loss of those jobs would be painful to some, Camilla Feibelman, a Sierra Club chapter director, is hard pressed to see a business case for keeping San Juan open, pointing to sector closures such as the Three Mile Island shutdown as evidence of shifting economics. The plant isn’t economical now, and would almost certainly be less so after investing the capital to add carbon-capture systems.

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Ontario IESO COVID-19 Control Room Measures detail how essential operators safeguard the electricity grid with split shifts, backup control centres, real-time balancing, deep cleaning, social distancing, and shelter-in-place readiness to maintain reliable power.

Key Points

Measures that protect essential grid operators with split shifts, backup sites, and hygiene to keep power reliable.

✅ Split teams across primary and backup control centres

✅ 12-hour shifts with remote handoffs and deep cleaning

✅ Real-time grid modeling to balance demand and supply

A group of personnel key to keeping Ontario's electricity system functioning may end up locked down in their control centres due to the COVID-19 crisis, according to the head of the province's power operator.

But that has so far proven unnecessary with a change-up in routine, Independent Electricity System Operator CEO Peter Gregg said.

While about 90 per cent of staff were sent to work from home on March 13, another 48 control-room operators deemed essential are still going into work, Gregg said in an interview.

"We identified a smaller cohort of critical operations room staff that need to go in to operate the system out of our control centres," Gregg said. "My biggest concern is to maintain their health, their safety as we rely on them to do this critical work."

Some of the operators manage power demand and supply in real time as Ontario electricity demand shifts, by calling for more or less generation and keeping an eye on the distribution grid, which also allows power to flow to and from Ontario's neighbours. Others do scenario planning and modelling to prepare for changes.

The essential operators have been split into eight teams of six each working 12-hour shifts. The day crew works out of a control centre near Toronto and the night shift out of a backup centre in the city's west end, Gregg said.

"That means that we're not having physical hand-off between control room operators on shift change -- we can do it remotely -- and it also allows us to do deep cleansing," Gregg said. "We're fortunate that the way the room is set up allows us to practice good social distancing."

Should it become necessary, he said, bed, food and other on-site arrangements have been made to allow the operators to stay at their workplaces as a similar agency in New York has done.

"If we do need to shelter these critical employees in place, we've got the ability to do so."

IESO is responsible for ensuring a balance between supply and demand for electricity across the province. Because power cannot be stored, the IESO ensures generators produce enough power to meet peak demand while making sure they don't produce too much.

"You're seeing, obviously, commercial demand drop, some industrial demand drop," Gregg said. "But you're also seeing a shift in the demand curve as well, where normally you have people heading off to work and so residential demand would go down. But obviously with them staying home, you're seeing an increase in residential electricity use across the province."

Some utilities have indicated no cuts to peak rates for self-isolating customers, with Hydro One peak pricing remaining in place for now.

IESO also runs and settles the wholesale electricity markets. Market prices are set based on accepted offers to supply electricity, while programs supporting stable electricity pricing for industrial and commercial users can affect costs against forecast demand.

With the pandemic forcing many businesses to close and people to stay home, and provincial electricity relief for families and small businesses in place, typical power needs fallen about seven per cent at a time of year that would normally see demand soften anyway. It remains to be seen whether, and how much, power needs shift further amid stringent isolation measures and the ongoing economic impact of the outbreak.

Gregg said the operator is constantly modeling different possibilities.

"What we do normally is prepare for all of these sort of emergency scenarios, as reflected in the U.S. grid response coverage, and test and drill for these," he said. "What we're experiencing over the last few weeks is that those drills come in handy because they help us prepare for when the real-time situation actually happens."

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Germany Industrial Electricity Price Subsidy weighs subsidies for energy-intensive industries to bolster competitiveness as Germany shifts to renewables, expands grid capacity, and debates free-market tax cuts versus targeted relief and long-term policies.

Key Points

Policy to subsidize power for energy-intensive industry, preserving competitiveness during the energy transition.

✅ SPD backs 5-7 cents per kWh for 10-15 years

✅ FDP prefers tax cuts and free-market pricing

✅ Scholz urges cheap renewables and grid expansion first

Germany’s three-party coalition is debating whether electricity prices for energy-intensive industries should be subsidised in a market where rolling back European electricity prices can be tougher than it appears, to prevent companies from moving production abroad.

Calls to reduce the electricity bill for big industrial producers are being made by leading politicians, who, like others in Germany, fear the country could lose its position as an industrial powerhouse as it gradually shifts away from fossil fuel-based production, amid historic low energy demand and economic stagnation concerns.

“It is in the interest of all of us that this strong industry, which we undoubtedly have in Germany, is preserved,” Lars Klingbeil, head of Germany’s leading government party SPD (S&D), told Bayrischer Rundfunk on Wednesday.

To achieve this, Klingbeil is advocating a reduced electricity price for the industry of about 5 to 7 cents per Kilowatt hour, which the federal government would subsidise. This should be introduced within the next year and last for about 10 to 15 years, he said.

Under the current support scheme, which was financed as part of the €200 billion “rescue shield” against the energy crisis, energy-intensive industries already pay 13 cents per Kilowatt hour (KWh) for 70% of their previous electricity needs, which is substantially lower than the 30 to 40 cents per KWh that private consumers pay.

“We see that the Americans, for example, are spending $450 billion on the Inflation Reduction Act, and we see what China is doing in terms of economic policy,” Klingbeil said.

“If we find out in 10 years that we have let all the large industrial companies slip away because the investments are not being made here in Germany or Europe, and jobs and prosperity and growth are being lost here, then we will lose as a country,” he added.

However, not everyone in the German coalition favours subsidising electricity prices.

Finance Minister Christian Lindner of the liberal FDP (Renew), for example, has argued against such a step, instead promoting free-market principles and, amid rising household energy costs, reducing taxes on electricity for all.

“Privileging industrial companies would only be feasible at the expense of other electricity consumers and taxpayers, for example, private households or the small trade sector,” Lindner wrote in an op-ed for Handelsblatt on Tuesday.

“Increasing competitiveness for some would mean a loss of competitiveness for others,” he added.

Chancellor Olaf Scholz, himself a member of SPD, was more careful with his words, amid ongoing EU electricity reform debates in Brussels.

Asked about a subsidised electricity price for the industry at a town hall event on Monday, Scholz said he does not “want to make any promises now”.

“First of all, we have to make sure that we have cheap electricity in Germany in the first place,” Scholz said, promoting the expansion of renewable energy such as wind and solar, as local utilities cry for help, as well as more electricity grid infrastructure.

“What we will not be able to do as an economy, even as France’s new electricity pricing scheme advances, is to subsidise everything that takes place in normal economic activity,” Scholz said. “We should not get into the habit of doing that,” he added.

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EU Winter Energy Mix 2022-2023 shows renewables, wind, solar, and hydro overtaking coal and gas, as demand fell amid high prices; Ember and IEA confirm lower emissions across Europe during the energy crisis.

Key Points

It describes Europe's winter power mix: reduced coal and gas, and record wind, solar, and hydro output.

✅ Coal generation fell 11% YoY; gas output declined even more.

✅ Renewables supplied 40%: wind, solar, and hydro outpaced fossil fuels.

✅ Ember and IEA confirm trends; mild winter tempered demand.

The EU burned less coal this winter during the energy crisis than in previous years, according to an analysis, quashing fears that consumption of the most polluting fossil fuel would soar as countries scrambled to find substitutes for lost supplies of Russian gas.

The study from energy think-tank Ember shows that between October 2022 and March 2023 coal generation fell 27 terawatt hours, or almost 11 per cent year on year, while gas generation fell 38 terawatt hours, as renewables crowded out gas and consumers cut electricity consumption in response to soaring prices.

Renewable energy supplies also rose, with combined wind and solar power and hydroelectric output outstripping fossil fuel generation for the first time, providing 40 per cent of all electricity supplies. The Financial Times checked Ember’s findings with the International Energy Agency, which said they broadly matched its own preliminary analysis of Europe’s electricity generation over the winter.

The study demonstrates that fears of a steep rebound in coal usage in Europe’s power mix were overstated, despite the continent’s worst energy crisis in 40 years following Russia’s full-scale invasion of Ukraine, even as stunted hydro and nuclear output in parts of Europe posed challenges.

While Russia slashed gas supplies to Europe and succeeded in boosting energy prices for consumers to record levels, the push by governments to rejuvenate old coal plants, including Germany's coal generation, to ensure the lights stayed on ultimately did not lead to increased consumption.

“With Europe successfully on the other side of this winter and major supply disruptions avoided, it is clear the threatened coal comeback did not materialise,” analysts at Ember said in the report.

“With fossil fuel generation down, EU power sector emissions during winter were the lowest they have ever been.”

Ember cautioned, however, that Europe had been assisted by a mild winter that helped cut electricity demand for heating and there was no guarantee of such weather next winter. Companies and households had also endured a lot of pain as a result of the higher prices that had led them to cut consumption, even though in some periods, such as the latest lockdown, power demand held firm in parts of Europe.

Total electricity consumption between October and March declined 94 terawatt hours, or 7 per cent, compared with the same period in winter 2021/22, continuing post-Covid transition dynamics across Europe.

“For a lot of people this winter was really hard with electricity prices that were extraordinarily high and we shouldn’t lose sight of that,” said Ember analyst Harriet Fox.

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Germany Nuclear Power Extension keeps Isar 2, Neckarwestheim 2, and Emsland running as Olaf Scholz tackles the energy crisis, soaring gas prices, and EU winter demand, prioritizing grid stability amid the Ukraine war.

Key Points

A temporary policy keeping three German reactors online to enhance grid stability and national energy security.

✅ Extends Isar 2, Neckarwestheim 2, and Emsland operations

✅ Addresses EU energy crisis and soaring gas prices

✅ Prioritizes grid stability while coal phase-out advances

German Chancellor Olaf Scholz has ordered the country's three remaining nuclear power stations to keep operating until mid-April, signalling a nuclear U-turn as the energy crisis sparked by Russia's invasion of Ukraine hurts the economy.

Originally Germany planned to phase out all three by the end of this year, continuing its nuclear phaseout policy at the time.

Mr Scholz's order overruled the Greens in his coalition, who wanted two plants kept on standby, to be used if needed.

Nuclear power provides 6% of Germany's electricity.

The decision to phase it out was taken by former chancellor Angela Merkel after Japan's Fukushima nuclear disaster in 2011.

But gas prices have soared since Russia's invasion of Ukraine in February, which disrupted Russia's huge oil and gas exports to the EU, though some officials argue that nuclear would do little to solve the gas issue in the short term. In August Russia turned off the gas flowing to Germany via the Nord Stream 1 undersea pipeline.

After relying so heavily on Russian gas Germany is now scrambling to maintain sufficient reserves for the winter. The crisis has also prompted it to restart mothballed coal-fired power stations, with coal generating about a third of its electricity currently, though the plan is to phase out coal in the drive for green energy.

Last year Germany got 55% of its gas from Russia, but in the summer that dropped to 35% and it is declining further.

EU leaders consider how to cap gas prices
France sends Germany gas for first time amid crisis
Chancellor Scholz's third coalition partner, the liberal Free Democrats (FDP), welcomed his move to keep nuclear power as part of the mix. The three remaining nuclear plants are Isar 2, Neckarwestheim 2 and Emsland, which were ultimately shut down after the extension.

The Social Democrat (SPD) chancellor also called for ministries to present an "ambitious" law to boost energy efficiency and to put into law a phase-out of coal by 2030, aiming for a coal- and nuclear-free economy among major industrial nations.

Last week climate activist Greta Thunberg said it was a "mistake" for Germany to press on with nuclear decommissioning while resorting to coal again, intensifying debate over a nuclear option for climate goals nationwide.

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