Coal must be part of BWL plant discussion

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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UK Energy Price Cap drives household electricity bills and gas prices, as Ofgem adjusts unit rates amid natural gas shortages, Russia-Ukraine disruptions, inflation, recession risks, and limited storage; government support offers only short-term relief.

Key Points

The UK Energy Price Cap limits per-unit gas and electricity charges set by suppliers and adjusted by Ofgem.

✅ Reflects wholesale natural gas costs; varies quarterly

✅ Protects consumers from sudden electricity and heating bill spikes

✅ Does not cap total annual spend; usage still determines bills

The government organization that controls the cost of energy in Great Britain recently increased what is known as a price cap on household energy bills. The price cap is the highest amount that gas suppliers can charge for a unit of energy.

The new, higher cost has people concerned that they may not be able to pay for their gas and electricity this winter. Some might pay as much as $4,188 for energy next year. Earlier this year, the price cap was at $2,320, and a 16% decrease in bills is anticipated in April.

Why such a change?

Oil and gas prices around the world have been increasing since 2021 as economies started up again after the coronavirus pandemic. More business activities required more fuel.

Then, Russia invaded Ukraine in late February, creating a new energy crisis. Russia limited the amount of natural gas it sent to European countries that needed it to power factories, produce electricity and keep homes warm.

Some energy companies are charging more because they are worried that Russia might completely stop sending gas to European countries. And in Britain, prices are up because the country does not produce much gas or have a good way to store it. As a result, Britain must purchase gas often in a market where prices are high, and ministers have discussed ending the gas-electricity price link to ease bills.

Citibank, a U.S. financial company, believes the higher energy prices will cause inflation in Britain to reach 18 percent in 2023, while EU energy inflation has also been driven higher by energy costs this year. And the Bank of England says an economic slowdown known as a recession will start later this year.

Public health and private aid organizations worry that high energy prices will cause a “catastrophe” as Britons choose between keeping their homes warm and eating enough food.

What can government do?

As prices rise, the British government plans to give people between $450 and $1,400 to help pay for energy costs, while some British MPs push to further restrict the price charged for gas and electricity. But the help is seen by many as not enough.

If the government approves more money for fuel, it will probably not come until September, as the energy security bill moves toward becoming law. That is the time the Conservative Party will select a new leader to replace Prime Minister Boris Johnson.

The Labour Party says the government should increase the amount it provides for people to pay for fuel by raising taxes on energy companies. However, the two politicians who are trying to become the next Prime Minister do not seem to support that idea.

Giovanna Speciale leads an organization called the Southeast London Community Energy group. It helps people pay their bills. She said the money will help but it is only a short-term solution to a bigger problem with Britain’s energy system. Because the system is privately run, she said, “there’s very little that the government can do to intervene in this.”

Other European countries are seeing higher energy costs, but not as high, and at the EU level, gas price cap strategies have been outlined to tackle volatility. In France, gas prices are capped at 2021 levels. In Germany, prices are up by 38 percent since last year. However, the government is reducing some taxes, which will make it easier for the average person to buy gas. In Italy, prices are going up, but the government recently approved over $8 billion to help people pay their energy bills.
 

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PG&E 2024 Rate Hikes signal sharp increases to fund wildfire safety, infrastructure upgrades, and CPUC-backed reliability, with rates expected to stabilize in 2025, affecting rural residents, businesses, and high-risk zones across California.

Key Points

PG&E’s 2024 hikes fund wildfire safety and grid upgrades, with pricing expected to stabilize in 2025.

✅ Driven by wildfire safety, infrastructure, and reinsurance costs

✅ Largest impacts in rural, high-risk zones; business rates vary

✅ CPUC oversight aims to ensure necessary, justified investments

Pacific Gas and Electric (PG&E) is expected to implement a series of rate hikes that, amid analyses of why California electricity prices are soaring across the state, will significantly impact California residents. These increases, while substantial, are anticipated to be followed by a period of stabilization in 2025, offering a sense of relief to customers facing rising costs.

PG&E, one of the largest utility providers in the state, announced that its 2024 rate hikes are part of efforts to address increasing operational costs, including those related to wildfire safety, infrastructure upgrades, and regulatory requirements. As California continues to face climate-related challenges like wildfires, utilities like PG&E are being forced to adjust their financial models to manage the evolving risks. Wildfire-related liabilities, which have plagued PG&E in recent years, play a significant role in these rate adjustments. In response to previous fire-related lawsuits, including a bankruptcy plan supported by wildfire victims that reshaped liabilities, and the increased cost of reinsurance, PG&E has made it clear that customers will bear part of the financial burden.

These rate hikes will have a multi-faceted impact. Residential users, particularly those in rural or high-risk wildfire zones, will see some of the largest increases. Business customers will also be affected, although the adjustments may vary depending on the size and energy consumption patterns of each business. PG&E has indicated that the increases are necessary to secure the utility’s financial stability while continuing to deliver reliable service to its customers.

Despite the steep increases in 2024, PG&E's executives have assured that the company's pricing structure will stabilize in 2025. The utility has taken steps to balance the financial needs of the business with the reality of consumer affordability. While some rate hikes are inevitable given California's regulatory landscape and climate concerns, PG&E's leadership believes the worst of the increases will be seen next year.

PG&E’s anticipated stabilization comes after a year of scrutiny from California regulators. The California Public Utilities Commission (CPUC) has been working closely with PG&E to scrutinize its rate request and ensure that hikes are justifiable and used for necessary investments in infrastructure and safety improvements. The CPUC’s oversight is especially crucial given the company’s history of safety violations and the public outrage over past wildfire incidents, including reports that its power lines may have sparked fires in California, which have been linked to PG&E’s equipment.

The hikes, though significant, reflect the broader pressures facing utilities in California, where extreme weather patterns are becoming more frequent and intense due to climate change. Wildfires, which have grown in severity and frequency in recent years, have forced PG&E to invest heavily in fire prevention and mitigation strategies, including compliance with a judge-ordered use of dividends for wildfire mitigation across its service area. This includes upgrading equipment, inspecting power lines, and implementing more rigorous protocols to prevent accidents that could spark devastating fires. These investments come at a steep cost, which PG&E is passing along to consumers through higher rates.

For homeowners and businesses, the potential for future rate stabilization offers a glimmer of hope. However, the 2024 increases are still expected to hit consumers hard, especially those already struggling with high living costs. The steep hikes have prompted public outcry, with calls for action as bills soar amplifying advocacy group arguments that utilities should absorb more of the costs related to climate change and fire prevention instead of relying on ratepayers.

Looking ahead to 2025, the expectation is that PG&E’s rates will stabilize, but the question remains whether they will return to pre-2024 levels or continue to rise at a slower rate. Experts note that California’s energy market remains volatile, and while the rates may stabilize in the short term, long-term cost management will depend on ongoing investments in renewable energy sources and continued efforts to make the grid more resilient to climate-related risks.

As PG&E navigates this challenging period, the company’s commitment to transparency and working with regulators will be crucial in rebuilding trust with its customers. While the immediate future may be financially painful for many, the hope is that the utility's focus on safety and infrastructure will lead to greater long-term stability and fewer dramatic rate increases in the years to come.

Ultimately, California residents will need to brace for another tough year in terms of utility costs but can find reassurance that PG&E’s rate increases will eventually stabilize. For those seeking relief, there are ongoing discussions about increasing energy efficiency, exploring renewable energy alternatives, and expanding assistance programs for lower-income households to help mitigate the financial strain of these price hikes.

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Texas Power Grid Blackouts loom as ERCOT forecasts record air conditioning load, tight reserve margins, peak demand spikes, and rising natural gas prices; heatwaves could trigger brownouts without added solar, storage, and demand response.

Key Points

Texas Power Grid Blackouts are outages when AC-driven peak demand and ERCOT reserves outstrip supply during heatwaves.

✅ ERCOT forecasts record AC load and tight reserve margins.

✅ Coal retirements cut capacity; gas and solar additions lag.

✅ Peak prices, brownouts likely without storage and demand response.

U.S. Air conditioning related electricity usage will break records and may cause blackouts across the U.S. and in Texas this summer. Power grid operators are forecasting that electricity supplies will exceed demands during the summer months.

Most of Texas will face severe electricity shortages because of hot temperatures, air conditioning, and a strong economy, with millions at risk of electricity shut-offs during extreme heat, Bill Magness the president of the Electric Reliability Council of Texas (ERCOT) told the Associated Press. Magness thinks the large numbers people moving to Texas for retirement will increase the demand for air conditioning and electricity use. Retired people are more likely to be home during the day when temperatures are high – so they are more likely to turn up the air conditioner.

Around 50% of all electricity in Texas is used for air conditioning and 100% of homes in Texas have air conditioners, Forbes reported. That means just a few hot days can strain the grid and a heatwave can trigger brownouts and blackouts, in a system with more blackouts than other developed countries on average.

The situation was made worse by Vistra Energy’s decision to close more coal-fired power plants last year, The Austin American Statesman reported. The closed plants; Big Brown, Sadow, and Monticello, generated around 4,100 megawatts (4.1 million watts) of electricity, enough generation capacity to power two million homes, The Waco Herald-Tribune reported.

Texas Electric Grid Might Not Meet Demand

Texas’s grid has never operated without those plants will make this summer a test of its capacity. Texas only has a 6% reserve of electricity that might fall will because of problems like downed lines or a power plant going offline.

A Vistra subsidiary called Luminant has added around 8,000 megawatts of generation capacity from natural-gas burning plants, The Herald-Tribune reported. Luminant also plans to open a giant solar power plant in Texas to increase grid capacity.

The Texas grid already reached peak capacity in May because of unexpectedly high demand and technical problems that reflect more frequent outages in many states, Houston Public Media reported. Grid capacity fell because portions of the system were offline for maintenance.

Some analysts have suggested starting schools after Labor Day to shift peak August demand, potentially easing stress on the grid.

Electricity Reserves are Tight in Texas

Electricity reserves will be very tight on hot summer days in Texas this summer, Magness predicted. When the thermometer rises, people crank up the air conditioner which burns more electricity.

The grid operator ERCOT anticipates that Texas will need an additional 1,600 megawatts of electricity this summer, but record-high temperatures can significantly increase the demand. If everything is running correctly, Texas’s grid can produce up to 78,184 megawatts of electricity.

“The margin between absolute peak power usage and available peak supply is tighter than in years past,” Andrew Barlow, a spokesman for Texas’s Public Utility Commission admitted.

Around 90% of Texas’s grid has enough generating capacity, ERCOT estimated. That means 10% of Texas’s power grid lacks sufficient generating capacity which increases the possibility of blackouts.

Even if the electricity supply is adequate electricity prices can go up in Texas because of higher natural gas prices, Forbes reported. Natural gas prices might go up over the summer because of increased electricity demands. Texas uses between 8% and 9% of America’s natural gas supply to generate electricity for air conditioning in the summer.

Be Prepared For Blackouts This Summer.

Texas’s problems might affect other regions including neighboring states such as Oklahoma, Arkansas, Louisiana, and New Mexico and parts of Mexico, as lawmakers push to connect Texas’s grid to the rest of the nation to improve resilience because those areas are connected to the same grid. Electricity from states like Colorado might be diverted to Texas in case of power shortages there.

Beyond the U.S., Canadian electricity grids are increasingly exposed to harsh weather that can ripple across markets as well.

Home and business owners can avoid summer blackouts by tapping sources of Off-Grid electricity. The two best sources are backup battery storage and solar panels which can run your home or business if the grid runs dry.

If you have family members with health problems who need air conditioning, or you rely on a business or freelance work that requires electricity for income, backup power is vital. Those who need backup electricity for their business should be able to use the expense of installing it as a tax deduction.

Having backup electricity available might be the only way for Texans to keep cool this summer.

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Ontario Clean Energy Expansion signals IESO-backed renewables, energy storage, and low-CO2 power to meet EV-driven demand, offset Pickering nuclear retirement, and balance interim gas-fired generation while advancing grid reliability, decarbonization, and net-zero targets.

Key Points

Ontario Clean Energy Expansion plans to grow renewables and storage, manage short-term gas, and meet rising demand.

✅ IESO long-term procurements for renewables and storage

✅ Interim reliance on gas to replace Pickering capacity

✅ Targets align with net-zero grid reliability goals

After cancelling hundreds of renewable power projects four years ago, the Doug Ford government appears set to expand clean energy to meet a looming electricity shortfall across the province.

Recent announcements from Ontario Energy Minister Todd Smith and the province’s electric grid management agency suggest the province plans to expand low-CO2 electricity with new wind and solar plans in the long-term, even as it ramps up gas-fired power over the next five years.

The moves are in response to an impending electricity shortfall as climate-conscious drivers switch to electric vehicles, farmers replace field crops with greenhouses and companies like ArcelorMittal Dofasco in Hamilton switch from CO2-heavy manufacturing to electricity-based production. Forecasters predict Canada will need to double its power supply by 2050.

While Ontario has a relatively low-CO2 power system, the province’s electricity supply will be reduced in 2025 when Ontario Power Generation closes the 50-year-old Pickering nuclear station, now near the end of its operating life. This will remove 3,100 megawatts of low-CO2 generation, about eight per cent of the province’s 40,000-megawatt total.

The impending closure has created a difficult situation for the Independent Electricity System Operator (IESO), the provincial agency managing Ontario’s grid. Last year, it forecasted it would need to sharply increase CO2-polluting natural gas-fired power to avoid widespread blackouts.

This would mean drivers switching to electric vehicles or companies like Dofasco cutting CO2 through electrification would end up causing higher power system emissions.

It would also fly in the face of the federal government’s ambition to create a net-zero national electricity system by 2035, a critical part of Canada’s pledge to reduce CO2 emissions to zero by 2050.

Yet the Ford government has appeared reluctant to expand clean energy. In the 2018 election, clean electricity was a key issue as it appealed to anti-turbine voters in rural Ontario and cancelled more than 700 renewable energy contracts shortly after taking office, taking 400 megawatts out of the system.

But there are signs the government is having a change of heart. IESO recently released a list of 55 companies approved to submit bids for 3,500 megawatts of long-term electricity contracts starting between 2025 and 2027, and the energy minister has outlined a plan to address growing energy needs as well.

The companies include a variety of potential producers, ranging from Canadian and global renewable companies to local utilities and small startups. Most are renewable power or energy storage companies specializing in low- or zero-emission power. IESO plans additional long-term bid offerings in the future.

This doesn’t mean gas generation will be turned off. IESO will contract yearly production from existing gas plants until 2028 (the annual contract in 2023 will be for about 2,000 megawatts). As well, IESO has issued contracts to four gas-fired producers, a small wind company and a storage company to begin production of about 700 megawatts to boost gas plant output starting between 2024 and 2026.

While this represents an expansion of existing gas-fired generation, Smith has asked IESO to report on a gas moratorium, saying he doesn’t believe new gas plants will be needed over the long term.

The NDP and Greens criticized the government for relying on gas in the near term. But clean energy advocates greeted the long-term plans positively.

The IESO process “will contribute to a clean, reliable and affordable grid,” said the Canadian Renewable Energy Association.

Rachel Doran, director of policy and strategy at Clean Energy Canada, said in an email the potential gas generation moratorium “is an encouraging step forward,” although she criticized the “unfortunate decision to replace near-term nuclear power capacity with climate-change-causing natural gas.”

There will have to be a massive clean energy expansion to green Ontario’s grid well beyond what has been announced in recent days for Ontario to meet its future energy needs (think a doubling of Ontario’s current 40,000-megawatt capacity by 2050).

But these first steps hold promise that Ontario is at least starting on the path to that goal, rather than scrambling to keep the lights on with CO2-polluting natural gas.

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Autonomous Energy Kites harness offshore wind on floating platforms, using carbon fiber wings, tethers, and rotors to generate grid electricity; an airborne wind energy solution backed by Alphabet's Makani to cut turbine costs.

Key Points

Autonomous Energy Kites are tethered craft that capture winds with rotors, generating grid power from floating platforms.

✅ Flies circles on tethers; rotors drive generators to feed the grid.

✅ Operates over deep-sea winds where fixed turbines are impractical.

✅ Lighter, less visual impact, and lower installation costs offshore.

One company's self-flying energy kite may be the answer to increasing wind power around the world, alongside emerging wave power solutions as well.

California-based Makani -- which is owned by Google's parent company, Alphabet -- is using power from the strongest winds found out in the middle of the ocean, where the offshore wind sector has huge potential, typically in spots where it's a challenge to install traditional wind turbines. Makani hopes to create electricity to power communities across the world.

Despite a growing number of wind farms in the United States and the potential of this energy source, lessons from the U.K. underscore how to scale, yet only 6% of the world's electricity comes from wind due to the the difficulty of setting up and maintaining turbines, according to the World Wind Energy Association.

When the company's co-founders, who were fond of kiteboarding, realized deep-sea winds were largely untapped, they sought to make that energy more accessible. So they built an autonomous kite, which looks like an airplane tethered to a base, to install on a floating platform in water, as part of broader efforts to harness oceans and rivers for power across regions. Tests are currently underway off the coast of Norway.

"There are many areas around the world that really don't have a good resource for renewable power but do have offshore wind resources," Makani CEO Fort Felker told Rachel Crane, CNN's innovation correspondent. "Our lightweight kites create the possibility that we could tap that resource very economically and bring renewable power to hundreds of millions of people."

This technology is more cost-efficient than a traditional wind turbine, which is a lot more labor intensive and would require lots of machinery and installation.

The lightweight kite, which is made of carbon fiber, has an 85-foot wingspan. The kite launches from a base station and is constrained by a 1,400-foot tether as it flies autonomously in circles with guidance from computers. Crosswinds spin the kite's eight rotors to move a generator that produces electricity that's sent back to the grid through the tether.

The kites are still in the prototype phase and aren't flown constantly right now as researchers continue to develop the technology. But Makani hopes the kites will one day fly 24/7 all year round. When the wind is down, the kite will return to the platform and automatically pick back up when it resumes.

Chief engineer Dr. Paula Echeverri said the computer system is key for understanding the state of the kite in real time, from collecting data about how fast it's moving to charting its trajectory.

Echeverri said tests have been helpful in establishing what some of the challenges of the system are, and the team has made adjustments to get it ready for commercial use. Earlier this year, the team successfully completed a first round of autonomous flights.

Working in deeper water provides an additional benefit over traditional wind turbines, according to Felker. By being farther offshore, the technology is less visible from land, and the growth of offshore wind in the U.K. shows how coastal communities can adapt. Wind turbines can be obtrusive and impact natural life in the surrounding area. These kites may be more attractive to areas that wish to preserve their scenic coastlines and views.

It's also desirable for regions that face constraints related to installing conventional turbines -- such as island nations, where World Bank support is helping developing countries accelerate wind adoption, which have extremely high prices for electricity because they have to import expensive fossil fuels that they then burn to generate electricity.

Makani isn't alone in trying to bring novelty to wind energy. Several others companies such as Altaeros Energies and Vortex Bladeless are experimenting with kites of their own or other types of wind-capture methods, such as underwater kites that generate electricity, a huge oscillating pole that generates energy and a blimp tethered to the ground that gathers winds at higher altitudes.

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