California OKs carbon fee on utilities, industry

By Associated Press


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Despite industry objections and threats of lawsuits, California air regulators approved the nation's first statewide carbon fee on utilities, oil refineries and other polluting industries.

The money raised by the California Air Resources Board, which voted 9-0, is intended to pay for the bureaucratic expenses of carrying out the state's 2006 global warming law, which requires greenhouse gas emissions statewide to be reduced by 25 percent over the next decade.

"It's never pleasant to be in the position of asking consumers to pay," chairwoman Mary Nichols said at the board's meeting in the Southern California city of Diamond Bar. "While we asking for investments here, these are investments being made as our economy begins to come back from the worst recession since the Great Depression."

The fee will be imposed at the end of 2010 and raise $63.1 million annually during its first three years. The amount will level off at $36.2 million in the fifth year.

Oil companies, manufacturers and utilities complained regulators had unfairly singled them out, leveling the fee on just 350 businesses in the state. Some business leaders also questioned the timing of the fee, which is being imposed while California endures a 12.2 percent unemployment rate, the highest on record.

"Given the economic climate, we believe it is extremely unwise to ask businesses to pay more government fees," said Jacque McMillan, a member of the Valley Industry Commerce Association, which represents businesses in the San Fernando Valley.

Republican gubernatorial candidate Meg Whitman earlier this week drew the ire of Gov. Arnold Schwarzenegger when she described the 2006 law he signed as a "job-killing" regulation. She said would suspend it if elected governor until its effects on the economy are better understood.

Part of the fee would cover the salaries of 174 people hired to implement the law since Schwarzenegger signed it.

About 350 businesses in California that make, sell or import gasoline, diesel, natural gas and coal would be charged roughly 15 cents for every ton of carbon dioxide that they and their customers emit into the atmosphere.

The average refinery would pay about $4.7 million and the average cement plant would pay about $150,000 a year, said Jon Costantino, manager of the climate change planning section at the air board. Cement plants would be subject to the fee because the chemical process they use to make cement produces greenhouse gases.

The charge would drop to 9 cents per ton of carbon dioxide in 2014 because loans approved in past years by the Legislature to initially run the program would be paid.

Regulators say the industries asked to pay the fee represent the starting point for roughly 85 percent of California's greenhouse gas emissions. For example, refineries process the fuel that California drivers put into their cars, and utility plants generate the electricity used to cool and heat the homes of the state's 38 million people.

The approach won the endorsement of environmentalists and public health groups who have long blamed industry for making products that pollute the air and sicken residents.

"California taxpayers have already borne the burden of this economy," said Bill Haller, a volunteer with the Sierra Club of California. "It's time for the polluter to pay for the pollution. They created it, they profited from it, and they should pay for it."

Oil companies and several utilities argued the fee unfairly holds them accountable not just for their own emissions but also for those generated by people who use their products. They also warned that regulators were proposing a fee that violates federal commerce laws by assessing a state fee on gasoline and electricity exports.

"There will be potential federal court challenges on the Commerce Clause because you're assessing fees on fuels going to other states — Nevada, Arizona and Texas," said Catherine Reheis-Boyd, chief operating officer at the Western States Petroleum Association.

Regulators say industry could pass along the fee to consumers by raising their prices. For example, a family restaurant would see an increase of about $17 a year in its electricity and natural gas costs. The extra cost to each Californian to fuel a car that gets 30 miles per gallon would be about 80 cents a year.

A few local government entities have adopted similar fees. Last year, air regulators in the San Francisco Bay area imposed a 4.4-cent-per-ton carbon fee on businesses that emit greenhouse gasses. In 2006, voters in Boulder, Colo., imposed a carbon tax on their own energy use.

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National Grid warns of short supply of electricity over next few days

National Grid power supply warning highlights electricity shortage risks amid low wind output, generator outages, and cold weather, reducing capacity margins and grid stability; considering demand response and reserve power to avoid blackout risk.

 

Key Points

An alert that reduced capacity from low wind and outages requires actions to maintain UK grid stability.

✅ Low wind output and generator outages reduce capacity margins

✅ ESO exploring demand response and reserve generation options

✅ Aim: maintain grid stability and avoid blackout risk

 

National Grid has warned that Britain’s electricity will be in short supply over the next few days after a string of unplanned power plant outages and unusually low wind speeds this week, as cheap wind power wanes across the system.

The electricity system operator said it will take action to “make sure there is enough generation” during the cold weather spell, including virtual power plants and other demand-side measures, to prevent a second major blackout in as many years.

“Unusually low wind output coinciding with a number of generator outages means the cushion of spare capacity we operate the system with has been reduced,” the company told its Twitter followers.

“We’re exploring measures and actions to make sure there is enough generation available to increase our buffer of capacity.”

A spokeswoman for National Grid said the latest electricity supply squeeze was not expected to be as severe as recorded last month, following reports that the government’s emergency energy plan was not going ahead, and added that the company did not expect to issue an official warning in the next 24 hours.

“We’re monitoring how the situation develops,” she said.

The warning is the second from the electricity system operator in recent weeks. In mid-September the company issued an official warning to the electricity market as peak power prices climbed, that its ‘buffer’ of power reserves had fallen below 500MW and it may need to call on more power plants to help prevent a blackout. The notice was later withdrawn.

Concerns over National Grid’s electricity supplies have been relatively rare in recent years. It was forced in November 2015 to ask businesses to cut their demand as a “last resort” measure to keep the lights on after a string of coal plant breakdowns.

But since then, National Grid’s greater challenge has been an oversupply of electricity, partly due to record wind generation, which has threatened to overwhelm the grid during times of low electricity demand.

National Grid has already spent almost £1bn on extra measures to prevent blackouts over the first half of the year by paying generators to produce less electricity during the coronavirus lockdown, as daily demand fell.

The company paid wind farms to turn off, and EDF Energy to halve the nuclear generation from its Sizewell B nuclear plant, to avoid overwhelming the grid when demand for electricity fell by almost a quarter from last year.

The electricity supply squeeze comes a little over a year after National Grid left large parts of England and Wales without electricity after the biggest blackout in a decade left a million homes in the dark. National Grid blamed a lightning strike for the widespread power failure.

Similar supply strains have recently caused power cuts in China, underscoring how weather and generation mix can trigger blackouts.

 

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Biggest offshore windfarm to start UK supply this week

Hornsea One Offshore Wind Farm delivers first power to the UK grid, scaling renewable energy with 1.2GW capacity, giant offshore turbines, and Yorkshire coast infrastructure to replace delayed nuclear and cut fossil fuel emissions.

 

Key Points

Hornsea One Offshore Wind Farm is a 1.2GW UK project delivering offshore renewable power to about 1 million homes.

✅ 174 turbines over 407 km2; Siemens Gamesa supply chain in the UK

✅ 1.2GW capacity can power ~1m homes; phases scale with 10MW+ turbines

✅ Supports UK grid, replaces delayed nuclear, cuts fossil generation

 

An offshore windfarm on the Yorkshire coast that will dwarf the world’s largest when completed is to supply its first power to the UK electricity grid this week, mirroring advances in tidal electricity projects delivering to the grid as well.

The Danish developer Ørsted, which has installed the first of 174 turbines at Hornsea One, said it was ready to step up its plans and fill the gap left by failed nuclear power schemes.

The size of the project takes the burgeoning offshore wind power sector to a new scale, on a par with conventional fossil fuel-fired power stations.

Hornsea One will cover 407 square kilometres, five times the size of the nearby city of Hull. At 1.2GW of capacity it will power 1m homes, making it about twice as powerful as today’s biggest offshore windfarm once it is completed in the second half of this year.

“The ability to generate clean electricity offshore at this scale is a globally significant milestone at a time when urgent action needs to be taken to tackle climate change,” said Matthew Wright, UK managing director of Ørsted, the world’s biggest offshore windfarm builder.

The power station is only the first of four planned in the area, with a green light and subsidies already awarded to a second stage due for completion in the early 2020s, and interest from Japanese utilities underscoring growing investor appetite.

The first two phases will use 7MW turbines, which are taller than London’s Gherkin building.

But the latter stages of the Hornsea development could use even more powerful, 10MW-plus turbines. Bigger turbines will capture more of the energy from the wind and should lower costs by reducing the number of foundations and amount of cabling firms need to put into the water, with developers noting that offshore wind can compete with gas in the U.S. as costs fall.

Henrik Poulsen, Ørsted’s chief executive, said he was in close dialogue with major manufacturers to use the new generation of turbines, some of which are expected to approach the height of the Shard in London, the tallest building in the EU.

The UK has a great wind resource and shallow enough seabed to exploit it, and could even “power most of Europe if it [the UK] went to the extreme with offshore”, he said.

Offshore windfarms could help ministers fill the low carbon power gap created by Hitachi and Toshiba scrapping nuclear plants, the executive suggested. “If nuclear should play less of a role than expected, I believe offshore wind can step up,” he said.

New nuclear projects in Europe had been “dramatically delayed and over budget”, he added, in comparison to “the strong track record for delivering offshore [wind]”.

The UK and Germany installed 85% of new offshore wind power capacity in the EU last year, according to industry data, with wind leading power across several markets. The average power rating of the turbines is getting bigger too, up 15% in 2018.

The turbines for Hornsea One are built and shipped from Siemens Gamesa’s factory in Hull, part of a web of UK-based suppliers that has sprung up around the growing sector, such as Prysmian UK's land cables supporting grid connections.

Around half of the project’s transition pieces, the yellow part of the structure that connects the foundation to the tower, are made in Teeside. Many of the towers themselves are made by a firm in Campbeltown in the Scottish highlands. Altogether, about half of the components for the project are made in the UK.

Ørsted is not yet ready to bid for a share of a £60m pot of further offshore windfarm subsidies, to be auctioned by the government this summer, but expects the price to reach even more competitive levels than those seen in 2017.

Like other international energy companies, Ørsted has put in place contingency planning in event of a no-deal Brexit – but the hope is that will not come to pass. “We want a Brexit deal that will facilitate an orderly transition out of the union,” said Poulsen.

 

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Lebanon Cabinet approves watershed electricity sector reform

Lebanon Electricity Sector Reform aims to overhaul tariffs, modernize the grid, cut fuel oil subsidies, unlock donor loans, and deliver 24-hour power, restructuring EDL governance, boosting generation capacity, and reducing the budget deficit.

 

Key Points

A plan to restructure EDL, adjust tariffs, add capacity, and cut subsidies to deliver 24-hour power and reduce deficits.

✅ New tariffs and phased cost recovery

✅ Added generation capacity and grid modernization

✅ Governance reform of EDL and loss reduction

 

Lebanon’s Cabinet has approved a much-anticipated plan to restructure the country’s dysfunctional electricity sector, as Beirut power challenges continue to underscore chronic gaps, which hasn’t been developed since the time of the country’s civil war, decades ago.

The Lebanese depend on a network of private generator providers and decrepit power plants that rely on expensive fuel oil, while Israeli power supply competition seeks to lower consumer prices in a nearby market. Subsidies to the state electricity company cost nearly $2 billion a year.

For years, reform of the electricity sector, echoed by EU electricity market revamp, has been a major demand of Lebanon’s population of over 5 million. But frequent political stalemates, corruption and infighting among politicians, entrenched since the civil war that began in 1975, often derailed reforms.

International donors have called for reforms, including in the electricity sector, to unlock $11 billion in soft loans and grants pledged last year, as regional initiatives like the Jordan-Saudi electricity linkage move ahead to strengthen interconnections. Prime Minister Saad Hariri said Monday that the new plan will eventually provide 24-hour electricity.

Energy Minister Nada Boustani said that if there were no obstacles, residents could start feeling the difference next year, as an electricity market overhaul advances alongside the plan.

The plan, which is expected to get parliament approval, will reform the state electricity company, introduce new pricing policies, with international examples like France's electricity pricing scheme, and boost power production.

“This plan will also reduce the budget deficit,” Hariri told reporters. “This is positive and all international ratings companies will see … that Lebanon is taking real steps to reform in this sector.”

Lebanon’s soaring debt prompted rating agencies to downgrade the country’s credit ratings in January over concerns the government may not be able to pay its debts. Unemployment is believed to be at 36 per cent and more than 1 million Syrian refugees have overwhelmed the already aging infrastructure, while policy debates like Alberta electricity market changes illustrate different approaches to balancing cost and reliability.

Boustani told the Al-Manar TV that the electricity sector should be spared political bickering and populist approaches.

 

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Coronavirus could stall a third of new U.S. utility solar this year: report

U.S. Utility-Scale Solar Delays driven by the coronavirus pandemic threaten construction timelines, supply chains, and financing, with interconnection and commissioning setbacks, module sourcing risks in Southeast Asia, and tax credit deadline pressures impacting project delivery.

 

Key Points

Setbacks to large U.S. solar builds from COVID-19 impacting construction, supply, financing, and permitting.

✅ Construction, interconnection, commissioning site visits delayed

✅ Supply chain risks for modules from Southeast Asia

✅ Tax credit deadline extensions sought by developers

 

About 5 gigawatts (GW) of big U.S. solar energy projects, enough to power nearly 1 million homes, could suffer delays this year if construction is halted for months due to the coronavirus pandemic, as the Covid-19 crisis hits renewables across the sector, according to a report published on Wednesday.

The forecast, a worst-case scenario laid out in an analysis by energy research firm Wood Mackenzie, would amount to about a third of the utility-scale solar capacity expected to be installed in the United States this year, even as US solar and wind growth continues under favorable plans.

The report comes two weeks after the head of the top U.S. solar trade group called the coronavirus pandemic (as solar jobs decline nationwide) "a crisis here" for the industry. Solar and wind companies are pleading with Congress to extend deadlines for projects to qualify for sunsetting federal tax credits.

Even the firm’s best-case scenario would result in substantial delays, mirroring concerns that wind investments at risk across the industry. With up to four weeks of disruption, the outbreak will push out 2 GW of projects, or enough to power about 380,000 homes. Before factoring in the impact of the coronavirus, Wood Mackenzie had forecast 14.7 GW of utility-scale solar projects would be installed this year.

In its report, the firm said the projects are unlikely to be canceled outright. Rather, they will be pushed into the second half of 2020 or 2021. The analysis assumes that virus-related disruptions subside by the end of the third quarter.

Mid-stage projects that still have to secure financing and receive supplies are at the highest risk, Wood Mackenzie analyst Colin Smith said in an interview, adding that it was too soon to know whether the pandemic would end up altering long-term electricity demand and therefore utility procurement plans, where policy shifts such as an ITC extension could reshape priorities.

Currently, restricted travel is the most likely cause of project delays, the report said. Developers expect delays in physical site visits for interconnection and commissioning, and workers have had difficulty reaching remote construction sites.

For earlier-stage projects, municipal offices that process permits are closed and in-person meetings between developers and landowners or local officials have slowed down.

Most solar construction is proceeding despite stay at home orders in many states because it is considered critical infrastructure, and long-term proposals like a tenfold increase in solar could reshape the outlook, the report said, adding that “that could change with time.”

Risks to supplies of solar modules include potential manufacturing shutdowns in key producing nations in Southeast Asia such as Malaysia, Vietnam and Thailand. Thus far, solar module production has been identified as an essential business and has been allowed to continue.

 

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Europe Stores Electricity in Natural Gas Pipes

Power-to-gas converts surplus renewable electricity into green hydrogen or synthetic methane via electrolysis and methanation, enabling seasonal energy storage, grid balancing, hydrogen injection into gas pipelines, and decarbonization of heat, transport, and industry.

 

Key Points

Power-to-gas turns excess renewable power into hydrogen or methane for storage, grid support, and clean fuel.

✅ Enables hydrogen injection into existing natural gas networks

✅ Balances grids and provides seasonal energy storage capacity

✅ Supplies low-carbon fuels for industry, heat, and heavy transport

 

Last month Denmark’s biggest energy firm, Ørsted, said wind farms it is proposing for the North Sea will convert some of their excess power into gas. Electricity flowing in from offshore will feed on-shore electrolysis plants that split water to produce clean-burning hydrogen, with oxygen as a by-product. That would supply a new set of customers who need energy, but not as electricity. And it would take some strain off of Europe’s power grid as it grapples with an ever-increasing share of hard-to-handle EU wind and solar output on the grid.

Turning clean electricity into energetic gases such as hydrogen or methane is an old idea that is making a comeback as renewable power generation surges and crowds out gas in Europe. That is because gases can be stockpiled within the natural gas distribution system to cover times of weak winds and sunlight. They can also provide concentrated energy to replace fossil fuels for vehicles and industries. Although many U.S. energy experts argue that this “power-to-gas” vision may be prohibitively expensive, some of Europe’s biggest industrial firms are buying in to the idea.

European power equipment manufacturers, anticipating a wave of renewable hydrogen projects such as Ørsted’s, vowed in January that, as countries push for hydrogen-ready power plants across Europe, all of their gas-fired turbines will be certified by next year to run on up to 20 percent hydrogen, which burns faster than methane-rich natural gas. The natural gas distributors, meanwhile, have said they will use hydrogen to help them fully de-carbonize Europe’s gas supplies by 2050.

Converting power to gas is picking up steam in Europe because the region has more consistent and aggressive climate policies and evolving electricity pricing frameworks that support integration. Most U.S. states have goals to clean up some fraction of their electricity supply; coal- and gas-fired plants contribute a little more than a quarter of U.S. greenhouse gas emissions. In contrast, European countries are counting on carbon reductions of 80 percent or more by midcentury—reductions that will require an economywide switch to low-carbon energy.

Cleaning up energy by stripping the carbon out of fossil fuels is costly. So is building massive new grid infrastructure, including transmission lines and huge batteries, amid persistent grid expansion woes in parts of Europe. Power-to-gas may be the cheapest way forward, complementing Germany’s net-zero roadmap to cut electricity costs by a third. “In order to reach the targets for climate protection, we need even more renewable energy. Green hydrogen is perceived as one of the most promising ways to make the energy transition happen,” says Armin Schnettler, head of energy and electronics research at Munich-based electric equipment giant Siemens.

Europe already has more than 45 demonstration projects to improve power-to-gas technologies and their integration with power grids and gas networks. The principal focus has been to make the electrolyzers that convert electricity to hydrogen more efficient, longer-lasting and cheaper to produce.

The projects are also scaling up the various technologies. Early installations converted a few hundred kilowatts of electricity, but manufacturers such as Siemens are now building equipment that can convert 10 megawatts, which would yield enough hydrogen each year to heat around 3,000 homes or fuel 100 buses, according to financial consultancy Ernst & Young.

The improvements have been most dramatic for proton-exchange membrane electrolyzers, which are akin to the fuel cells used in hydrogen vehicles (but optimized to produce hydrogen rather than consume it). The price of proton-exchange electrolyzers has dropped by roughly 40 percent during the past decade, according to a study published in February in Nature Energy. They are also five times more compact than older alkaline electrolysis plants, enabling onsite hydrogen production near gas consumers, and they can vary their power consumption within seconds to operate on fluctuating wind and solar generation.

Many European pilot projects are demonstrating “methanation” equipment that converts hydrogen to methane, too, which can be used as a drop-in replacement for natural gas. Europe’s electrolyzer plants, however, are showing that methanation is not as critical to the power-to-gas vision as advocates long believed. Many electrolyzers are injecting their hydrogen directly into natural gas pipelines—something that U.S. gas firms forbid—and they are doing so without impacting either the gas infrastructure or natural gas consumers.

Europe’s first large-scale hydrogen injection began in eastern Germany in 2013 at a two-megawatt electrolyzer installed by Essen-based power firm E.ON. Germany has since ratcheted up the amount of hydrogen it allows in natural gas lines from an initial 2 percent by volume to 10 percent, in a market where renewables now outpace coal and nuclear in Germany, and other European states have followed suit with their own hydrogen allowances. Christopher Hebling, head of hydrogen technologies at the Freiburg-based Fraunhofer Institute for Solar Energy Systems, predicts that such limits will rise to the 20-percent level anticipated by Europe’s turbine manufacturers.

Moving renewable hydrogen and methane via natural gas pipelines promises to cut the cost of switching to renewable energy. For example, gas networks have storage caverns whose reserves could be tapped to run gas-fired electric generation power plants during periods of low wind and solar output. Hebling notes that Germany’s gas network can store 240 terawatt-hours of energy—roughly 25 times more energy than global power grids can presently store by pumping water uphill to refill hydropower reservoirs. Repurposing gas infrastructure to help the power system could save European consumers 138 billion euros ($156 billion) by 2050, according to Dutch energy consultancy Navigant (formerly Ecofys).

For all the pilot plants and promise, renewable hydrogen presently supplies a tiny fraction of Europe’s gas. And, globally, around 4 percent of hydrogen is supplied via electrolysis, with the bulk refined from fossil fuels, according to the International Renewable Energy Agency.

Power-to-gas is catching up, however. According to the February Nature Energy study, renewable hydrogen already pays for itself in some niche applications, and further electrolyzer improvements will progressively extend its market. “If costs continue to decline as they have done in recent years, power-to-gas will become competitive at large scale within the next decade,” says study co-author Gunther Glenk, an economist at the Technical University of Munich.

Glenk says power-to-gas could scale up faster if governments guaranteed premium prices for renewable hydrogen and methane, as they did to mainstream solar and wind power.

Tim Calver, an energy storage researcher turned consultant and Ernst & Young’s executive director in London, agrees that European governments need to step up their support for power-to-gas projects and markets. Calver calls the scale of funding to date, “not proportionate to the challenge that we face on long-term decarbonization and the potential role of hydrogen.”

 

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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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