Climate change: Greenhouse gas concentrations again break records


climate change continues unabated

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Rising Greenhouse Gas Concentrations drive climate change, with CO2, methane, and nitrous oxide surging; WMO data show higher radiative forcing, elevated pre-industrial baselines, and persistent atmospheric concentrations despite Paris Agreement emissions pledges.

 

Key Points

Increasing atmospheric CO2, methane, and nitrous oxide levels that raise radiative forcing and drive warming.

✅ WMO data show CO2 at 407.8 ppm in 2018, above decade average

✅ Methane and nitrous oxide surged, elevating total radiative forcing

✅ Concentrations differ from emissions; sinks absorb about half

 

The World Meteorological Organization (WMO) says the increase in CO2 was just above the average rise recorded over the last decade.

Levels of other warming gases, such as methane and nitrous oxide, have also surged by above average amounts.

Since 1990 there's been an increase of 43% in the warming effect on the climate of long lived greenhouse gases.

The WMO report looks at concentrations of warming gases in the atmosphere rather than just emissions.

The difference between the two is that emissions refer to the amount of gases that go up into the atmosphere from the use of fossil fuels, such as burning coal for coal-fired electricity generation and from deforestation.

Concentrations are what's left in the air after a complex series of interactions between the atmosphere, the oceans, the forests and the land. About a quarter of all carbon emissions are absorbed by the seas, and a similar amount by land and trees, while technologies like carbon capture are being explored to remove CO2.

Using data from monitoring stations in the Arctic and all over the world, researchers say that in 2018 concentrations of CO2 reached 407.8 parts per million (ppm), up from 405.5ppm a year previously.

This increase was above the average for the last 10 years and is 147% of the "pre-industrial" level in 1750.

The WMO also records concentrations of other warming gases, including methane and nitrous oxide, and some countries have reported declines in certain potent gases, as noted in US greenhouse gas controls reports, though global levels remain elevated. About 40% of the methane emitted into the air comes from natural sources, such as wetlands, with 60% from human activities, including cattle farming, rice cultivation and landfill dumps.

Methane is now at 259% of the pre-industrial level and the increase seen over the past year was higher than both the previous annual rate and the average over the past 10 years.

Nitrous oxide is emitted from natural and human sources, including from the oceans and from fertiliser-use in farming. According to the WMO, it is now at 123% of the levels that existed in 1750.

Last year's increase in concentrations of the gas, which can also harm the ozone layer, was bigger than the previous 12 months and higher than the average of the past decade.

What concerns scientists is the overall warming impact of all these increasing concentrations. Known as total radiative forcing, this effect has increased by 43% since 1990, and is not showing any indication of stopping.

There is no sign of a slowdown, let alone a decline, in greenhouse gases concentration in the atmosphere despite all the commitments under the Paris agreement on climate change and the ongoing global energy transition efforts," said WMO Secretary-General Petteri Taalas.

"We need to translate the commitments into action and increase the level of ambition for the sake of the future welfare of mankind," he added.

"It is worth recalling that the last time the Earth experienced a comparable concentration of CO2 was three to five million years ago. Back then, the temperature was 2-3C warmer, sea level was 10-20m higher than now," said Mr Taalas.

The UN Environment Programme will report shortly on the gap between what actions countries are taking to cut carbon, for example where Australia's emissions rose 2% recently, and what needs to be done to keep under the temperature targets agreed in the Paris climate pact.

Preliminary findings from this study, published during the UN Secretary General's special climate summit last September, indicated that emissions continued to rise during 2018, although global emissions flatlined in 2019 according to the IEA.

Both reports will help inform delegates from almost 200 countries who will meet in Madrid next week for COP25, following COP24 in Katowice the previous year, the annual round of international climate talks.

 

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New fuel cell concept brings biological design to better electricity generation

Quinone-mediated fuel cell uses a bio-inspired organic shuttle to carry electrons and protons to a nearby cobalt catalyst, improving hydrogen conversion, cutting platinum dependence, and raising efficiency while lowering costs for clean electricity.

 

Key Points

An affordable, bio-inspired fuel cell using an organic quinone shuttle and cobalt catalyst to move electrons efficiently

✅ Organic quinone shuttles electrons to a separate cobalt catalyst

✅ Reduces platinum use, lowering cost of hydrogen power

✅ Bio-inspired design aims to boost efficiency and durability

 

Fuel cells have long been viewed as a promising power source. But most fuel cells are too expensive, inefficient, or both. In a new approach, inspired by biology, a team has designed a fuel cell using cheaper materials and an organic compound that shuttles electrons and protons.

Fuel cells have long been viewed as a promising power source. These devices, invented in the 1830s, generate electricity directly from chemicals, such as hydrogen and oxygen, and produce only water vapor as emissions. But most fuel cells are too expensive, inefficient, or both.

In a new approach, inspired by biology and published today (Oct. 3, 2018) in the journal Joule, a University of Wisconsin-Madison team has designed a fuel cell using cheaper materials and an organic compound that shuttles electrons and protons.

In a traditional fuel cell, the electrons and protons from hydrogen are transported from one electrode to another, where they combine with oxygen to produce water. This process converts chemical energy into electricity. To generate a meaningful amount of charge in a short enough amount of time, a catalyst is needed to accelerate the reactions.

Right now, the best catalyst on the market is platinum -- but it comes with a high price tag, and while advances like low-cost heat-to-electric materials show promise, they address different conversion pathways. This makes fuel cells expensive and is one reason why there are only a few thousand vehicles running on hydrogen fuel currently on U.S. roads.

Shannon Stahl, the UW-Madison professor of chemistry who led the study in collaboration with Thatcher Root, a professor of chemical and biological engineering, says less expensive metals can be used as catalysts in current fuel cells, but only if used in large quantities. "The problem is, when you attach too much of a catalyst to an electrode, the material becomes less effective," he says, "leading to a loss of energy efficiency."

The team's solution was to pack a lower-cost metal, cobalt, into a reactor nearby, where the larger quantity of material doesn't interfere with its performance. The team then devised a strategy to shuttle electrons and protons back and forth from this reactor to the fuel cell.

The right vehicle for this transport proved to be an organic compound, called a quinone, that can carry two electrons and protons at a time. In the team's design, a quinone picks up these particles at the fuel cell electrode, transports them to the nearby reactor filled with an inexpensive cobalt catalyst, and then returns to the fuel cell to pick up more "passengers."

Many quinones degrade into a tar-like substance after only a few round trips. Stahl's lab, however, designed an ultra-stable quinone derivative. By modifying its structure, the team drastically slowed down the deterioration of the quinone. In fact, the compounds they assembled last up to 5,000 hours -- a more than 100-fold increase in lifetime compared to previous quinone structures.

"While it isn't the final solution, our concept introduces a new approach to address the problems in this field," says Stahl. He notes that the energy output of his new design produces about 20 percent of what is possible in hydrogen fuel cells currently on the market. On the other hand, the system is about 100 times more effective than biofuel cells that use related organic shuttles.

The next step for Stahl and his team is to bump up the performance of the quinone mediators, allowing them to shuttle electrons more effectively and produce more power. This advance would allow their design to match the performance of conventional fuel cells, but with a lower price tag.

"The ultimate goal for this project is to give industry carbon-free options for creating electricity, including thermoelectric materials that harvest waste heat," says Colin Anson, a postdoctoral researcher in the Stahl lab and publication co-author. "The objective is to find out what industry needs and create a fuel cell that fills that hole."

This step in the development of a cheaper alternative could eventually be a boon for companies like Amazon and Home Depot that already use hydrogen fuel cells to drive forklifts in their warehouses.

"In spite of major obstacles, the hydrogen economy, with efforts such as storing electricity in pipelines in Europe, seems to be growing," adds Stahl, "one step at a time."

Financial support for this project was provided by the Center for Molecular Electrocatalysis, an Energy Frontier Research Center funded by the U.S. Department of Energy, Office of Science, Office of Basic Energy Sciences, and by the Wisconsin Alumni Research Foundation (WARF) through the WARF Accelerator Program.

 

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ACORE tells FERC that DOE Proposal to Subsidize Coal, Nuclear Power Plants is unsupported by Record

FERC Grid Resiliency Pricing Opposition underscores industry groups, RTOs, and ISOs rejecting DOE's NOPR, warning against out-of-market subsidies for coal and nuclear, favoring competitive markets, reliability, and true grid resilience.

 

Key Points

Coalition urging FERC to reject DOE's NOPR subsidies, protecting reliability and competitive power markets.

✅ Industry groups, RTOs, ISOs oppose DOE NOPR

✅ PJM reports sufficient reliability and resilience

✅ Reject out-of-market aid to coal, nuclear

 

A diverse group of a dozen energy industry associations representing oil, natural gas, wind, solar, efficiency, and other energy technologies today submitted reply comments to the Federal Energy Regulatory Commission (FERC) continuing their opposition to the Department of Energy's (DOE) proposed rulemaking on grid resiliency pricing and electricity pricing changes within competitive markets, in the next step in this FERC proceeding.

Action by FERC, as lawmakers urge movement on aggregated DERs to modernize markets, is expected by December 11.

In these comments, this broad group of energy industry associations notes that most of the comments submitted initially by an unprecedented volume of filers, including grid operators whose markets would be impacted by the proposed rule, urged FERC not to adopt DOE'sproposed rule to provide out-of-market financial support to uneconomic coal and nuclear power plants in the wholesale electricity markets overseen by FERC.

Just a small set of interests - those that would benefit financially from discriminatory pricing that favors coal and nuclear plants - argued in favor of the rule put forward by DOE in its Notice of Proposed Rulemaking, or NOPR, as did coal and business interests in related regulatory debates. But even those interests - termed 'NOPR Beneficiaries' by the energy associations - failed to provide adequate justification for FERC to approve the rule, and their specific alternative proposals for implementing the bailout of these plants were just as flawed as the DOE plan, according to the energy industry associations.

'The joint comments filed today with partners across the energy spectrum reflect the overwhelming majority view that this proposed rulemaking by FERC is unprecedented and unwarranted, said Todd Foley, Senior Vice President, Policy & Government Affairs, American Council on Renewable Energy.

We're hopeful that FERC will rule against an anti-competitive distortion of the electricity marketplace and avoid new unnecessary initiatives that increase power prices for American consumers and businesses.'

In the new reply comments submitted in response to the initial comments filed by hundreds of stakeholders on or before October 23 - the energy industry associations made the following points: Despite hundreds of comments filed, no new information was brought forth to validate the assertion - by DOE or the NOPR Beneficiaries - that an emergency exists that requires accelerated action to prop up certain power plants that are failing in competitive electricity markets: 'The record in this proceeding, including the initial comments, does not support the discriminatory payments proposed' by DOE, state the industry groups.

Nearly all of the initial comments filed in the matter take issue with the DOE NOPR and its claim of imminent threats to the reliability and resilience of the electric power system, despite reports of coal and nuclear disruptions cited by some advocates: 'Of the hundreds of comments filed in response to the DOE NOPR, only a handful purported to provide substantive evidence in support of the proposal. In contrast, an overwhelming majority of initial comments agree that the DOE NOPR fails to substantiate its assertions of an immediate reliability or resiliency need related to the retirement of merchant coal-fired and nuclear generation.'

Grid operators filed comments refuting claims that the potential retirement of coal and nuclear plants which could not compete for economically present immediate or near-term challenges to grid management, even as a coal CEO criticism targeted federal decisions: 'Even the RTOs and ISOs themselves filed comments opposing the DOE NOPR, noting that the proposed cost-of-service payments to preferred generation would disrupt the competitive markets and are neither warranted nor justified.... Most notably, this includes PJM Interconnection, ... the RTO in which most of the units potentially eligible for payments under the DOE NOPR are located. PJM states that its region 'unquestionably is reliable, and its competitive markets have for years secured commitments from capacity resources that well exceed the target reserve margin established to meet [North American Electric Reliability Corp.] requirements.' And PJM analysis has confirmed that the region's generation portfolio is not only reliable, but also resilient.'

The need for NOPR Beneficiaries to offer alternative proposals reflects the weakness of DOE'srule as drafted, but their options for propping up uneconomic power plants are no better, practically or legally: 'Plans put forward by supporters of the power plant bailout 'acknowledge, at least implicitly, that the preferential payment structure proposed in the DOE NOPR is unclear, unworkable, or both. However, the alternatives offered by the NOPR Beneficiaries, are equally flawed both substantively and procedurally, extending well beyond the scope of the DOE NOPR.'

Citing one example, the energy groups note that the detailed plan put forward by utility FirstEnergy Service Co. would provide preferential payments far more costly than those now provided to individual power plants needed for immediate reasons (and given a 'reliability must run' contract, or RMR): 'Compensation provided under [FirstEnergy's proposal] would be significantly expanded beyond RMR precedent, going so far as to include bailing [a qualifying] unit out of debt based on an unsupported assertion that revenues are needed to ensure long-term operation.'

Calling the action FERC would be required to take in adopting the DOE proposal 'unprecedented,' the energy industry associations reiterate their opposition: 'While the undersigned support the goals of a reliable and resilient grid, adoption of ill-considered discriminatory payments contemplated in the DOE NOPR is not supportable - or even appropriate - from a legal or policy perspective.

 

About ACORE

The American Council on Renewable Energy (ACORE) is a national non-profit organization leading the transition to a renewable energy economy. With hundreds of member companies from across the spectrum of renewable energy technologies, consumers and investors, ACORE is uniquely positioned to promote the policies and financial structures essential to growth in the renewable energy sector. Our annual forums in Washington, D.C., New York and San Franciscoset the industry standard in providing important venues for key leaders to meet, discuss recent developments, and hear the latest from senior government officials and seasoned experts.

 

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Integrating AI Data Centers into Canada's Electricity Grids

Canada AI Data Center Grid Integration aligns AI demand with renewable energy, energy storage, and grid reliability. It emphasizes transmission upgrades, liquid cooling efficiency, and policy incentives to balance economic growth with sustainable power.

 

Key Points

Linking AI data centers to Canada's grid with renewables, storage, and efficiency to ensure reliable, sustainable power.

✅ Diversify supply with wind, solar, hydro, and firm low-carbon resources

✅ Deploy grid-scale batteries to balance peaks and enhance reliability

✅ Upgrade transmission, distribution, and adopt liquid cooling efficiency

 

Artificial intelligence (AI) is revolutionizing various sectors, driving demand for data centers that support AI applications. In Canada, this surge in data center development presents both economic opportunities and challenges for the electricity grid, where utilities using AI to adapt to evolving demand dynamics. Integrating AI-focused data centers into Canada's electricity infrastructure requires strategic planning to balance economic growth with sustainable energy practices.​

Economic and Technological Incentives

Canada has been at the forefront of AI research for over three decades, establishing itself as a global leader in the field. The federal government has invested significantly in AI initiatives, with over $2 billion allocated in 2024 to maintain Canada's competitive edge and to align with a net-zero grid by 2050 target nationwide. Provincial governments are also actively courting data center investments, recognizing the economic and technological benefits these facilities bring. Data centers not only create jobs and stimulate local economies but also enhance technological infrastructure, supporting advancements in AI and related fields.​

Challenges to the Electricity Grid

However, the energy demands of AI data centers pose significant challenges to Canada's electricity grid, mirroring the power challenge for utilities seen in the U.S., as demand rises. The North American Electric Reliability Corporation (NERC) has raised concerns about the growing electricity consumption driven by AI, noting that the current power generation capacity may struggle to meet this increasing demand, while grids are increasingly exposed to harsh weather conditions that threaten reliability as well. This situation could lead to reliability issues, including potential blackouts during peak demand periods, jeopardizing both economic activities and the progress of AI initiatives.​

Strategic Integration Approaches

To effectively integrate AI data centers into Canada's electricity grids, a multifaceted approach is essential:

  1. Diversifying Energy Sources: Relying solely on traditional energy sources may not suffice to meet the heightened demands of AI data centers. Incorporating renewable energy sources, such as wind, solar, and hydroelectric power, can provide sustainable alternatives. For instance, Alberta has emerged as a proactive player in supporting AI-enabled data centers, with the TransAlta data centre agreement expected to advance this momentum, leveraging its renewable energy potential to attract such investments.
     

  2. Implementing Energy Storage Solutions: Integrating large-scale battery storage systems can help manage the intermittent nature of renewable energy. These systems store excess energy generated during low-demand periods, releasing it during peak times to stabilize the grid. In some communities, AI-driven grid upgrades complement storage deployments to optimize operations, which supports data center needs and community reliability.
     

  3. Enhancing Grid Infrastructure: Upgrading transmission and distribution networks is crucial to handle the increased load from AI data centers. Strategic investments in grid infrastructure can prevent bottlenecks and ensure efficient energy delivery, including exploration of macrogrids in Canada to improve regional transfers, supporting both existing and new data center operations.​
     

  4. Adopting Energy-Efficient Data Center Designs: Designing data centers with energy efficiency in mind can significantly reduce their power consumption. Innovations such as liquid cooling systems are being explored to manage the heat generated by high-density AI workloads, offering more efficient alternatives to traditional air cooling methods.

  5. Establishing Collaborative Policies: Collaboration among government entities, utility providers, and data center operators is vital to align energy policies with technological advancements. Developing regulatory frameworks that incentivize sustainable practices can guide the growth of AI data centers in harmony with grid capabilities.​
     

Integrating AI data centers into Canada's electricity grids presents both significant opportunities and challenges. By adopting a comprehensive strategy that includes diversifying energy sources, implementing advanced energy storage, enhancing grid infrastructure, promoting energy-efficient designs, and fostering collaborative policies, Canada can harness the benefits of AI while ensuring a reliable and sustainable energy future. This balanced approach will position Canada as a leader in both AI innovation and sustainable energy practices.

 

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Quebec's electricity ambitions reopen old wounds in Newfoundland and Labrador

Quebec Churchill Falls power deal renewal spotlights Hydro-Que9bec's Labrador hydroelectricity, Churchill River contract extension, Gull Island prospects, and Innu Nation rights, as demand from EV battery manufacturing and the green economy outpaces provincial supply.

 

Key Points

Extending Quebec's low-price Churchill Falls contract to secure Labrador hydro and address Innu Nation rights.

✅ 1969 contract delivers ~30 TWh at very low fixed price.

✅ Newfoundland seeks higher rates, equity, and consultation.

✅ Innu Nation demands benefits, consent, and land remediation.

 

As Quebec prepares to ramp up electricity production to meet its ambitious economic goals, the government is trying to extend a power deal that has caused decades of resentment in Newfoundland and Labrador.

Around 15 per cent of Quebec's electricity comes from the Churchill Falls dam in Labrador, through a deal set to expire in 2041 that is widely seen as unfair. Quebec Premier François Legault not only wants to extend the agreement, he wants another dam on the Churchill River and, for now, has closed the door on nuclear power as an option to help make his province what he has called a "world leader for the green economy."

But renewing that contract "won't be easy," Normand Mousseau, scientific director of the Trottier Energy Institute at Polytechnique Montréal, said in a recent interview. Extending the Churchill Falls deal is not essential to meet Quebec's energy plans, but without it, Mousseau said, "we would have some problems."

The Legault government is enticing global companies, such as manufacturers of electric vehicle batteries, to set up shop in the province and access its hydroelectricity. But demand for Quebec's power has exceeded its supply, and Ontario has chosen not to renew a power-purchase deal with Quebec, limiting the government's vision.

Last month, Quebec's hydro utility released its strategic plan calling for a production increase of 60 terawatt hours by 2035, which represents the installed capacity of three of Hydro-Québec's largest facilities. Churchill Falls produces roughly 30 terawatt hours, and Quebec would need to replace that power if it can't strike a deal to extend the contract, Mousseau said.

If Quebec wants to keep buying power from Churchill Falls, the government is going to have to pay more, said Mousseau, who is also a physics professor at Université de Montréal. "We're paying one-fifth of a cent a kilowatt hour — that's not much," he said.

Under the 1969 contract, Quebec assumed most of the financial risk of building the Churchill Falls dam in exchange for the right to buy power at a fixed price. The deal has generated more than $28 billion for Hydro-Québec; it has returned $2 billion to Newfoundland and Labrador.

That lopsided deal has stoked anti-Quebec sentiment in Newfoundland and Labrador and contributed to nationalist politics, including threats of separation from Canada around a decade and a half ago, when Danny Williams was premier, said Jerry Bannister, a history professor at Dalhousie University.

"We tend to forget what it was like during the Williams era — he hauled down the Canadian flag," Bannister said. "There was a type of angry, combative nationalism which defined energy development. And particularly Muskrat Falls, it was payback, it was revenge."

Power from the Muskrat Falls generating station, also on the Churchill River, would be sold to Nova Scotia instead of Quebec. But that project has suffered technical problems and cost overruns since, and as of June 29, the price of Muskrat Falls had reached $13.5 billion; the province had estimated the total cost would be $7.4 billion when it sanctioned the project in 2012.

Anti-Quebec feelings may have subsided, but Bannister said the Churchill Falls deal continues to influence Newfoundland politics.

In September, Premier Andrew Furey said Legault would have to show him the money(opens in a new tab) to extend th Legault's office said Tuesday that discussions are ongoing, while the Newfoundland and Labrador government said in an emailed statement Thursday that it wants to maximize the value of its "assets and future opportunities" along the Churchill River.

Whatever negotiations are happening, Grand Chief Simon Pokue of the Innu Nation of Labrador(opens in a new tab) said he has been left out of them.

Churchill Falls flooded 6,500 square kilometres of traditional Innu land, Pokue said, adding that in response, the Innu Nation filed a $4 billion lawsuit against Hydro-Québec in 2020, which is ongoing.

"A lot of damage has been done to our lands, our land is flooded and we'll never see it again," Pokue said in a recent interview. "Nobody will ever repair that."

As well, a portion of Muskrat Falls profits was supposed to go to the Innu Nation, but the cost overruns and a refinancing deal between the federal government and Newfoundland and Labrador have limited whatever money they will see.

If Legault wants another dam on the Churchill River, at Gull Island, the Innu Nation needs to be paid the kind of money it was expecting from Muskrat Falls, he said.

"You did it once, but you're not going to do it again," Pokue said. "It's not going to start until we are consulted and involved."

Meanwhile, Quebec may face competition for Churchill Falls power, Mousseau said, with at least one Labrador mining company expressing interest in buying a significant portion of its output — though he added that the dam's capacity could be increased. The low price paid by Quebec has meant there has been little incentive to upgrade the plant's turbines.

As demand for electricity rises across the country, Mousseau said he thinks it would be better for provinces to work together, sharing expertise and costs, for example through NB Power deals to import more Quebec electricity as they look across provincial borders to find the best locations for projects, rather than acting as rivals.

"We need to talk and work with other provinces, and some propose an independent planning body to guide this, but for this you need to build confidence, and there's no confidence from the Newfoundland side with respect to Quebec," he said. "So that's a challenge: how do you work on this relationship that has been broken for 50 years?"e contract, but the two premiers have said little since.

 

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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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South Australia rides renewables boom to become electricity exporter

Australia electricity grid transition is accelerating as renewables, wind, solar, and storage drive decentralised generation, emissions cuts, and NEM trade shifts, with South Australia becoming a net exporter post-Hazelwood closure and rooftop solar surging.

 

Key Points

Australia electricity shift to renewables, distributed generation and storage, cutting emissions, reshaping NEM flows.

✅ South Australia now exports power post-Hazelwood closure

✅ Rooftop solar is the fastest-growing NEM generation source

✅ Gas peaking and storage investments balance variable renewables

 

The politics may not change much, but Australia’s electricity grid is changing before our very eyes – slowly and inevitably becoming more renewable, more decentralised, and in step with Australia's energy transition that is challenging the pre-conceptions of many in the industry.

The latest national emissions audit from The Australia Institute, which includes an update on key electricity trends in the national electricity market, notes some interesting developments over the last three months.

The most surprising of those developments may be the South Australia achievement, which shows that since the closure of the Hazelwood brown coal generator in Victoria in March 2017, and as renewables outpacing brown coal in other markets, South Australia has become a net exporter of electricity, in net annualised terms.

Hugh Saddler, lead author of the study, notes that this is a big change for South Australia, which in 1999 and 2000, when it had only gas and local coal, used to import 30% of its electricity demand.

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The fact that wholesale prices in South Australia were higher in other states – then, as they are now – has nothing to with wind and solar, but the fact that it has no low-cost conventional source and a peaky demand profile (then and now).

“The difference today is that the state is now taking advantage of its abundant resources of wind and solar radiation, and the new technologies which have made them the lowest cost sources of new generation, to supply much of its electricity requirements,” Saddler writes.

Other things to note about the flows between states is that Victoria was about equal on imports and exports with its three neighbouring states, despite the closure of Hazelwood. NSW continues to import around 10% of its needs from cheaper providers in Queensland.

Gas-fired generation had increased in the last year or two in South Australia as a result of the Northern closure, but is still below the levels of a decade ago.

But because it is expensive, this is likely to spur more investment in storage.

As for rooftop solar, Saddler notes that the share of residential solar in the grid is still relatively small but, despite excess solar risks flagged by distributors, it is the most steadily growing generation source in the NEM.

That line is expected to grow steadily. By 2040, or perhaps 2050, the share of distributed generation, which includes rooftop solar, battery storage and demand management, is expected to reach nearly half of all Australia’s grid demand.

Saddler, says, however, that the increase in large-scale solar over the last few months is a significant milestone in Australia’s transition towards clean electricity generation, mirroring trends in India's on-grid solar development seen in recent years. (See very top graph).

“Firstly, they are a concrete demonstration that the construction cost advantage, which wind enjoyed over solar until a year or two ago, is gone.

“From now on we can expect new capacity to be a mix of both technologies. Indeed, the Clean Energy Regulator states that it expects solar to account for half of all (new renewable) capacity by 2020, and the US is moving toward 30% from wind and solar as well.”

 

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