Salina competes against other cities to cut energy

By Salina Journal


NFPA 70e Training

Our customized live online or in‑person group training can be delivered to your staff at your location.

  • Live Online
  • 6 hours Instructor-led
  • Group Training Available
Regular Price:
$199
Coupon Price:
$149
Reserve Your Seat Today
Selling light bulbs sounded like a bright idea to Bill Stoneback when he first started 35 years ago.

"It seemed like a great business to be in because everybody needs a light bulb," he said. "And I'm still working."

Stoneback, who is based in Lawrence, is energy solutions manager for Western Extralite, an electrical and voice/data products store that recently opened its 17th location at 1320 Armory. He conducts energy audits for industrial and commercial clients to determine how much the monthly energy bill could be cut if they installed more efficient lighting systems.

"The technology's there, and it works," he said. "It just takes people awhile to get their arms around it."

Steve Boling, operations manager for Western Extralite's Salina store, and his six-person staff can also discuss ways to improve lighting efficiency with business or homeowners who want to reduce their energy use and give Salina an edge in the "Take Charge!" challenge.

In the yearlong contest launched in April, Salina residents are competing against five other Kansas cities to see which community can cut electricity use the most.

While the environmental benefits are enough to motivate some users to reduce electrical consumption, others are more convinced by the money that can be saved by replacing inefficient incandescent bulbs and large fluorescent tubes with more efficient, more compact fluorescent bulbs or, in some applications, LED lighting.

Stoneback assists business customers in applying for tax incentives and utility rebates and structuring purchasing plans or lease agreements that make it possible to improve lighting systems without a big cash outlay. His initial project assessment, in which he walks through a business and estimates the rate of return that could be expected, is free.

According to 2003 U.S. Energy Information Administration statistics, lighting accounts for 20 percent of the overall energy usage in commercial buildings, second only to heating at 38 percent. More electricity is consumed for lighting than any other use. On average, 38 percent of a commercial business' electricity bill pays for lighting, more than the combined electricity for air conditioning, which accounts for 13 percent and heating at 4 percent.

Office buildings consume more than twice as much electricity for lighting as warehouses, hotels, schools, retail stores and hospitals, the next biggest users of electric light, according to 2003 EIA data.

Decreasing the cost of lighting can have a significant impact on a business' operating expenses, Stoneback said.

"These days, companies are looking for improved cash flow, and we can help them achieve that," Boling said.

People who want to see how new lighting options work can see for themselves at the Western Extralite store, where the warehouse is lit by smaller, more efficient fluorescent tube lights on sensors that automatically turn the lights on only when someone is in the area. The even more efficient LED lights, which manufacturers say will last 30 years, are used in outdoor wall packs installed on the building and in strips of mini lights that brighten a space under a classroom cabinet.

"We took this old building that hadn't been used in years and tried to make it as energy efficient as we could," Boling said. "We went to great lengths to try and accomplish that."

Stoneback said for most room lighting applications, LED lights are not yet of a consistent color quality or a low enough price to make a good return on the investment possible.

"Six months from now, I may be saying something different, but the fluorescent lights have a good return now," he said.

Stoneback said the occupancy controlled sensor is the least expensive energy-saving product on the market and the most effective.

"Sensors are something people don't tend to think about," he said.

Sensors can be set to trigger lights to come on at half power and require a switch be flipped to bring them up to full bright, he said. A typical office light fixture currently runs on 123 watts of power, but smaller tubes now available can produce the same amount of light at 50 watts, or run half-power on 30 watts, he said.

The standard fluorescent tube, called a T-12 or fat lamp, typically used in manufacturing and commercial buildings runs on 458 watts per fixture and is slow to come to full-bright, Stoneback said. The more slender T-8 tubes, which first became available about four years ago, produce the same amount of light on 241 watts and turn on instantly, he said.

The incentives are there now for business owners to look at investing in new lighting fixtures to reduce their costs, he said. Businesses that don't choose to upgrade will eventually have the choice made for them, he said.

Ballasts are no longer being produced for the T-12 lamps, and in the next few years the lamps themselves will go out of production, he said. Government buildings, such as schools, libraries and office buildings, are required to modernize their lighting systems, and businesses that don't act soon may have to wait for bulbs on back-order.

If enough individuals and businesses make choices that use less energy, they can help reduce the country's reliance on coal-powered plants or nuclear power and postpone future electrical shortages, he said.

"In the future, we don't have enough electricity," Stoneback said. "We know that that's a fact."

Related News

Hydro One shares jump 5.7 per cent after U.S. regulators reject $6.7B takeover

Hydro One Avista takeover rejection signals Washington regulators blocking a utility acquisition over governance risk, EPS dilution, and balance sheet impact, as investors applaud share price gains and a potential US$103M break fee.

 

Key Points

A regulator-led block of Hydro One's Avista bid, citing EPS dilution, balance sheet risk, and governance concerns.

✅ Washington denies approval; Idaho, Oregon decisions pending.

✅ EPS dilution avoided; balance sheet strength preserved.

✅ Shares rise 5.7%; US$103M break fee if deal collapses.

 

Opposition politicians may not like it but investors are applauding the rejection of Hydro One Ltd.'s $6.7-billion Avista takeover of U.S.-based utility Avista Corp.

Shares in the power company controlled by the Ontario government, which has also proposed a bill redesign to simplify statements, closed at $21.53, up $1.16 or 5.7 per cent, on the Toronto Stock Exchange on Thursday.

On Wednesday, Washington State regulators said they would not allow Ontario's largest utility to buy Avista over concerns about political risk that the provincial government, which owns 47 per cent of Hydro One's shares, might meddle in Avista's operations.

Financial analysts had predicted investors would welcome the news because the deal, announced in July 2017, would have eroded earnings per share and weakened Hydro One's balance sheet.

"The Washington regulator's denial of Avista is a positive development for the shares, in our opinion," said analyst Ben Pham of BMO Capital Markets in a report on Wednesday.

"While this may sound odd, we note that the Avista deal is expected to be EPS dilutive and result in a weaker balance sheet for (Hydro One). Not acquiring Avista and refocusing its attention on its core Ontario franchise ... along with related interprovincial arrangements such as the Ontario-Quebec electricity deal under discussion would likely be viewed positively if the deal ultimately breaks."

Decisions are yet to come from Idaho and Oregon state regulators, but Washington was probably the most important as the state contains customers making up about 60 per cent of Avista's rate base, Pham said.

He pointed out that a US$103-million break fee is to be paid to Avista if the deal collapses due to a failure to obtain regulatory approval.

CIBC analyst Robert Catellier raised his 12-month Hydro One target price by 25 cents and said many shareholders will feel "relieved" that the deal had failed.

He warned that the company's earnings power could deteriorate as the province seeks to reduce power bills by 12 per cent, despite an Ontario-Quebec hydro deal that may not lower costs.

 

Related News

View more

Offshore wind is set to become a $1 trillion business

Offshore wind power accelerates low-carbon electrification, leveraging floating turbines, high capacity factors, HVDC transmission, and hydrogen production to decarbonize grids, cut CO2, and deliver competitive, reliable renewable energy near demand centers.

 

Key Points

Offshore wind power uses offshore turbines to deliver low-carbon electricity with high capacity factors and falling costs.

✅ Sea-based wind farms with 40-50% capacity factors

✅ Floating turbines unlock deep-water, far-shore resources

✅ Enables hydrogen production and strengthens grid reliability

 

The need for affordable low-carbon technologies is greater than ever

Global energy-related CO2 emissions reached a historic high in 2018, driven by an increase in coal use in the power sector. Despite impressive gains for renewables, fossil fuels still account for nearly two-thirds of electricity generation, the same share as 20 years ago. There are signs of a shift, with increasing pledges to decarbonise economies and tackle air pollution, and with World Bank support helping developing countries scale wind, but action needs to accelerate to meet sustainable energy goals. As electrification of the global energy system continues, the need for clean and affordable low-carbon technologies to produce this electricity is more pressing than ever. This World Energy Outlook special report offers a deep dive on a technology that today has a total capacity of 23 GW (80% of it in Europe) and accounts for only 0.3% of global electricity generation, but has the potential to become a mainstay of the world's power supply. The report provides the most comprehensive analysis to date of the global outlook for offshore wind, its contributions to electricity systems and its role in clean energy transitions.

 

The offshore wind market has been gaining momentum

The global offshore wind market grew nearly 30% per year between 2010 and 2018, benefitting from rapid technology improvements. Over the next five years, about 150 new offshore wind projects are scheduled to be completed around the world, pointing to an increasing role for offshore wind in power supplies. Europe has fostered the technology's development, led by the UK offshore wind sector alongside Germany and Denmark. The United Kingdom and Germany currently have the largest offshore wind capacity in operation, while Denmark produced 15% of its electricity from offshore wind in 2018. China added more capacity than any other country in 2018.

 

The untapped potential of offshore wind is vast

The best offshore wind sites could supply more than the total amount of electricity consumed worldwide today. And that would involve tapping only the sites close to shores. The IEA initiated a new geospatial analysis for this report to assess offshore wind technical potential country by country. The analysis was based on the latest global weather data on wind speed and quality while factoring in the newest turbine designs. Offshore wind's technical potential is 36 000 TWh per year for installations in water less than 60 metres deep and within 60 km from shore. Global electricity demand is currently 23 000 TWh. Moving further from shore and into deeper waters, floating turbines could unlock enough potential to meet the world's total electricity demand 11 times over in 2040. Our new geospatial analysis indicates that offshore wind alone could meet several times electricity demand in a number of countries, including in Europe, the United States and Japan. The industry is adapting various floating foundation technologies that have already been proven in the oil and gas sector. The first projects are under development and look to prove the feasibility and cost-effectiveness of floating offshore wind technologies.

 

Offshore wind's attributes are very promising for power systems

New offshore wind projects have capacity factors of 40-50%, as larger turbines and other technology improvements are helping to make the most of available wind resources. At these levels, offshore wind matches the capacity factors of gas- and coal-fired power plants in some regions – though offshore wind is not available at all times. Its capacity factors exceed those of onshore wind and are about double those of solar PV. Offshore wind output varies according to the strength of the wind, but its hourly variability is lower than that of solar PV. Offshore wind typically fluctuates within a narrower band, up to 20% from hour to hour, than solar PV, which varies up to 40%.

Offshore wind's high capacity factors and lower variability make its system value comparable to baseload technologies, placing it in a category of its own – a variable baseload technology. Offshore wind can generate electricity during all hours of the day and tends to produce more electricity in winter months in Europe, the United States and China, as well as during the monsoon season in India. These characteristics mean that offshore wind's system value is generally higher than that of its onshore counterpart and more stable over time than that of solar PV. Offshore wind also contributes to electricity security, with its high availability and seasonality patterns it is able to make a stronger contribution to system needs than other variable renewables. In doing so, offshore wind contributes to reducing CO2 and air pollutant emissions while also lowering the need for investment in dispatchable power plants. Offshore wind also has the advantage of avoiding many land use and social acceptance issues that other variable renewables are facing.

 

Offshore wind is on track to be a competitive source of electricity

Offshore wind is set to be competitive with fossil fuels within the next decade, as well as with other renewables including solar PV. The cost of offshore wind is declining and is set to fall further. Financing costs account for 35% to 50% of overall generation cost, and supportive policy frameworks are now enabling projects to secure low cost financing in Europe, with zero-subsidy tenders being awarded. Technology costs are also falling. The levelised cost of electricity produced by offshore wind is projected to decline by nearly 60% by 2040. Combined with its relatively high value to the system, this will make offshore wind one of the most competitive sources of electricity. In Europe, recent auctions indicate that offshore wind will soon beat new natural gas-fired capacity on cost and be on a par with solar PV and onshore wind. In China, offshore wind is set to become competitive with new coal-fired capacity around 2030 and be on par with solar PV and onshore wind. In the United States, recent project proposals indicate that offshore wind will soon be an affordable option, even as the 1 GW timeline continues to evolve, with potential to serve demand centres along the country's east coast.

Innovation is delivering deep cost reductions in offshore wind, and transmission costs will become increasingly important. The average upfront cost to build a 1 gigawatt offshore wind project, including transmission, was over $4 billion in 2018, but the cost is set to drop by more than 40% over the next decade. This overall decline is driven by a 60% reduction in the costs of turbines, foundations and their installation. Transmission accounts for around one-quarter of total offshore wind costs today, but its share in total costs is set to increase to about one-half as new projects move further from shore. Innovation in transmission, for example through work to expand the limits of direct current technologies, will be essential to support new projects without raising their overall costs.

 

Offshore wind is set to become a $1 trillion business

Offshore wind power capacity is set to increase by at least 15-fold worldwide by 2040, becoming a $1 trillion business. Under current investment plans and policies, the global offshore wind market is set to expand by 13% per year, reflecting its growth despite Covid-19 in recent years, passing 20 GW of additions per year by 2030. This will require capital spending of $840 billion over the next two decades, almost matching that for natural gas-fired or coal-fired capacity. Achieving global climate and sustainability goals would require faster growth: capacity additions would need to approach 40 GW per year in the 2030s, pushing cumulative investment to over $1.2 trillion. 

The promising outlook for offshore wind is underpinned by policy support in an increasing number of regions. Several European North Seas countries – including the United Kingdom, Germany, the Netherlands and Denmark – have policy targets supporting offshore wind. Although a relative newcomer to the technology, China is quickly building up its offshore wind industry, aiming to develop a project pipeline of 10 GW by 2020. In the United States, state-level targets and federal incentives are set to kick-start the U.S. offshore wind surge in the coming years. Additionally, policy targets are in place and projects under development in Korea, Japan, Chinese Taipei and Viet Nam.

 The synergies between offshore wind and offshore oil and gas activities provide new market opportunities. Since offshore energy operations share technologies and elements of their supply chains, oil and gas companies started investing in offshore wind projects many years ago. We estimate that about 40% of the full lifetime costs of an offshore wind project, including construction and maintenance, have significant synergies with the offshore oil and gas sector. That translates into a market opportunity of $400 billion or more in Europe and China over the next two decades. The construction of foundations and subsea structures offers potential crossover business, as do practices related to the maintenance and inspection of platforms. In addition to these opportunities, offshore oil and gas platforms require electricity that is often supplied by gas turbines or diesel engines, but that could be provided by nearby wind farms, thereby reducing CO2 emissions, air pollutants and costs.

 

Offshore wind can accelerate clean energy transitions

Offshore wind can help drive energy transitions by decarbonising electricity and by producing low-carbon fuels. Over the next two decades, its expansion could avoid between 5 billion and 7 billion tonnes of CO2 emissions from the power sector globally, while also reducing air pollution and enhancing energy security by reducing reliance on imported fuels. The European Union is poised to continue leading the wind energy at sea in Europe industry in support of its climate goals: its offshore wind capacity is set to increase by at least fourfold by 2030. This growth puts offshore wind on track to become the European Union's largest source of electricity in the 2040s. Beyond electricity, offshore wind's high capacity factors and falling costs makes it a good match to produce low-carbon hydrogen, a versatile product that could help decarbonise the buildings sector and some of the hardest to abate activities in industry and transport. For example, a 1 gigawatt offshore wind project could produce enough low-carbon hydrogen to heat about 250 000 homes. Rising demand for low-carbon hydrogen could also dramatically increase the market potential for offshore wind. Europe is looking to develop offshore "hubs" for producing electricity and clean hydrogen from offshore wind.

 

It's not all smooth sailing

Offshore wind faces several challenges that could slow its growth in established and emerging markets, but policy makers and regulators can clear the path ahead. Developing efficient supply chains is crucial for the offshore wind industry to deliver low-cost projects. Doing so is likely to call for multibillion-dollar investments in ever-larger support vessels and construction equipment. Such investment is especially difficult in the face of uncertainty. Governments can facilitate investment of this kind by establishing a long-term vision for offshore wind and by drawing on U.K. policy lessons to define the measures to be taken to help make that vision a reality. Long-term clarity would also enable effective system integration of offshore wind, including system planning to ensure reliability during periods of low wind availability.

The success of offshore wind depends on developing onshore grid infrastructure. Whether the responsibility for developing offshore transmission lies with project developers or transmission system operators, regulations should encourage efficient planning and design practices that support the long-term vision for offshore wind. Those regulations should recognise that the development of onshore grid infrastructure is essential to the efficient integration of power production from offshore wind. Without appropriate grid reinforcements and expansion, there is a risk of large amounts of offshore wind power going unused, and opportunities for further expansion could be stifled. Development could also be slowed by marine planning practices, regulations for awarding development rights and public acceptance issues.

The future of offshore wind looks bright but hinges on the right policies

The outlook for offshore wind is very positive as efforts to decarbonise and reduce local pollution accelerate. While offshore wind provides just 0.3% of global electricity supply today, it has vast potential around the world and an important role to play in the broader energy system. Offshore wind can drive down CO2 emissions and air pollutants from electricity generation. It can also do so in other sectors through the production of clean hydrogen and related fuels. The high system value of offshore wind offers advantages that make a strong case for its role alongside other renewables and low-carbon technologies. Government policies will continue to play a critical role in the future of offshore wind and  the overall pace of clean energy transitions around the world.

 

Related News

View more

The nuclear power dispute driving a wedge between France and Germany

Franco-German Nuclear Power Divide shapes EU energy policy, electricity market reform, and decarbonization strategies, as Paris backs reactors and state subsidies while Berlin prioritizes renewables, hydrogen, and energy security after Russian gas shocks.

 

Key Points

A policy rift over nuclear shaping EU market reform, subsidies, and the balance between reactors and renewables.

✅ Nuclear in EU targets vs. renewables-first strategy

✅ Market design disputes over long-term power prices

✅ Energy security after Russian gas; hydrogen definitions

 

Near the French village of Fessenheim, facing Germany across the Rhine, a nuclear power station stands dormant. The German protesters that once demanded the site’s closure have decamped, in a sign of Europe's nuclear decline, and the last watts were produced three years ago. 

But disagreements over how the plant from 1977 should be repurposed persist, speaking to a much deeper divide over nuclear power, which Eon chief's warning to Germany underscored, between the two countries on either side of the river’s banks.

German officials have disputed a proposal to turn it into a centre to treat metals exposed to low levels of radioactivity, Fessenheim’s mayor Claude Brender says. “They are not on board with anything that might in some way make the nuclear industry more acceptable,” he adds.

France and Germany’s split over nuclear power is a tale of diverging mindsets fashioned over decades, including since the Chernobyl disaster in USSR-era Ukraine. But it has now become a major faultline in a touchy relationship between Europe’s two biggest economies.

Their stand-off over how to treat nuclear in a series of EU reforms has consequences for how Europe plans to advance towards cleaner energy. It will also affect how the bloc secures power supplies as the region weans itself off Russian gas, even though nuclear would do little for the gas issue, and how it provides its industry with affordable energy to compete with the US and China. 

“There can be squabbles between partners. But we’re not in a retirement home today squabbling over trivial matters. Europe is in a serious situation,” says Eric-André Martin, a specialist in Franco-German relations at French think-tank IFRI. 

France, which produces two-thirds of its power from nuclear plants and has plans for more reactors, is fighting for the low-carbon technology to be factored into its targets for reducing emissions and for leeway to use state subsidies to fund the sector.

For Germany, which closed its last nuclear plants this year and, having turned its back on nuclear, has been particularly shaken by its former reliance on Russian gas, there’s concern that a nuclear drive will detract from renewable energy advances.

But there is also an economic subtext in a region still reeling from an energy crisis last year, reviving arguments for a needed nuclear option for climate in Germany, when prices spiked and laid bare how vulnerable households and manufacturers could become.

Berlin is wary that Paris would benefit more than its neighbours if it ends up being able to guarantee low power prices from its large nuclear output as a result of new EU rules on electricity markets, amid talk of a possible U-turn on the phaseout, people close to talks between the two countries say.

Ministers on both sides have acknowledged there is a problem. “The conflict is painful. It’s painful for the two governments as well as for our [EU] partners,” Sven Giegold, state secretary at the German economy and climate action ministry, where debates about whether a nuclear resurgence is possible persist, tells the Financial Times. 

Agnès Pannier-Runacher, France’s energy minister, says she wants to “get out of the realm of the emotional and move past the considerable misunderstandings that have accumulated in this discussion”.

In a joint appearance in Hamburg last week, German chancellor Olaf Scholz and French president Emmanuel Macron made encouraging noises over their ability to break the latest deadlock: a disagreement over the design of the EU’s electricity market. Ministers had been due to agree a plan in June but will now meet on October 17 to discuss the reform, aimed at stabilising long-term prices.

But the French and German impasse on nuclear has already slowed down debates on key EU policies such as rules on renewable energy and how hydrogen should be produced. Smaller member states are becoming impatient. The delay on the market design is “a big Franco-German show of incompetence again”, says an energy ministry official from another EU country who requested anonymity. 

 

Related News

View more

Ford Threatens to Cut U.S. Electricity Exports Amid Trade Tensions

Ontario Electricity Export Retaliation signals tariff-fueled trade tensions as Doug Ford leverages cross-border energy flows to the U.S., risking grid reliability, higher power prices, and escalating a Canada-U.S. trade war over protectionist policies.

 

Key Points

A policy threat by Ontario to cut power exports to U.S. states in response to tariffs, leveraging grid dependence.

✅ Powers about 1.5M U.S. homes in NY, MI, and MN

✅ Risks price spikes, shortages, and legal challenges

✅ Part of Canada's CAD 30B retaliatory tariff package

 

In a move that underscores the escalating trade tensions between Canada and the United States, Ontario Premier Doug Ford has threatened to halt electricity exports to U.S. states in retaliation for the Trump administration's recent tariffs. This bold stance highlights Ontario's significant role in powering regions across the U.S. and serves as a warning about the potential consequences of trade disputes.

The Leverage of Ontario's Electricity

Ontario's electricity exports are not merely supplementary; they are essential to the energy supply of several U.S. states. The province provides power to approximately 1.5 million homes in states such as New York, Michigan, and Minnesota, even as it eyes energy independence through domestic initiatives. This substantial export positions Ontario as a key player in the regional energy market, giving the province considerable leverage in trade negotiations.

Premier Ford's Ultimatum

Responding to the Trump administration's imposition of a 25% tariff on Canadian imports, Premier Ford, following a Washington meeting, declared, "If they want to play tough, we can play tough." He further emphasized his readiness to act, stating, "I’ll cut them off with a smile on my face." This rhetoric underscores Ontario's willingness to use its energy exports as a bargaining chip in the trade dispute.

Economic and Political Ramifications

The potential cessation of electricity exports to the U.S. would have profound economic implications. U.S. states that rely on Ontario's power could face energy shortages, leading to increased prices, particularly New York energy prices, and potential disruptions. Such an action would not only strain the energy supply but also escalate political tensions, potentially affecting other areas of bilateral cooperation.

Canada's Retaliatory Measures

Ontario's threat is part of a broader Canadian strategy to counteract U.S. tariffs. Prime Minister Justin Trudeau has announced retaliatory tariffs on U.S. goods worth approximately CAD 30 billion, targeting products such as food, textiles, and furniture. These measures aim to pressure the U.S. administration into reconsidering its trade policies.

The Risk of Escalation

While leveraging energy exports provides Ontario with a potent tool, it also carries significant risks, as experts warn against cutting Quebec's energy exports amid tariff tensions. Such actions could lead to a full-blown trade war, with both countries imposing tariffs and export restrictions. The resulting economic fallout could affect various sectors, from manufacturing to agriculture, and lead to job losses and increased consumer prices.

International Trade Relations

The dispute also raises questions about the stability of international trade agreements and the rules governing cross-border energy transactions. Both Canada and the U.S. are signatories to various trade agreements that promote the free flow of goods and services, including energy. Actions like export bans could violate these agreements and lead to legal challenges.

Public Sentiment and Nationalism

The trade tensions have sparked a surge in Canadian nationalism, with public sentiment largely supporting tariffs on energy and minerals as retaliatory measures. This sentiment is evident in actions such as boycotting American products and expressing discontent at public events. However, while national pride is a unifying force, it does not mitigate the potential economic hardships that may result from prolonged trade disputes.

The Path Forward

Navigating this complex situation requires careful diplomacy and negotiation. Both Canada and the U.S. must weigh the benefits of trade against the potential costs of escalating tensions. Engaging in dialogue, seeking compromise, and adhering to international trade laws are essential steps to prevent further deterioration of relations and to ensure the stability of both economies.

Ontario's threat to cut off electricity exports to the U.S. serves as a stark reminder of the interconnectedness of global trade and the potential consequences of protectionist policies. While such measures can be effective in drawing attention to grievances, they also risk significant economic and political fallout. As the situation develops, it will be crucial to monitor the responses of both governments and the impact on industries and consumers alike, including growing support for Canadian energy projects among stakeholders.

 

Related News

View more

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."

 

Related News

View more

Hydro One and Alectra announce major investments to strengthen electricity infrastructure and improve local reliability in the Hamilton area

Hydro One and Alectra Hamilton Grid Upgrades will modernize electricity infrastructure with new transformers, protection devices, transmission and distribution improvements, tree trimming, pole replacements, and line refurbishments to boost reliability and reduce outages across region.

 

Key Points

A $250M plan to modernize Hamilton transmission and distribution, reducing outages and improving reliability by 2022.

✅ New transformers and protection devices to cut outages

✅ Refurbished 1915 line powering Hamilton West Mountain

✅ Tree trimming and pole replacements across 1,260 km

 

Hydro One Networks Inc. (Hydro One), Ontario's largest electricity transmission and distribution company whose delivery rates recently increased, and Alectra Utilities have announced they expect to complete approximately $250 million of work in the Hamilton area by 2022 to upgrade local electricity infrastructure and improve service reliability.

As part of these plans to strengthen the electricity grid in the Hamilton region, where utilities must adapt to climate change pressures, investments are expected to include:

installing quieter, more efficient transformers in four stations across Hamilton to assist in reducing the number of outages;
replacing protection and switching devices across the city to shorten outage restoration times, reflecting how transmission line work underpins reliability;
refurbishing a power line originally installed in 1915 that is critical to powering the Hamilton West Mountain area; and,
trimming hazardous trees across more than 1,260 km of overhead powerlines and replacing more than 270 poles.
Hydro One will be working with Alectra Utilities to replace aging infrastructure at Elgin transmission station.

"A loss of power grinds life to a halt, impacting businesses, families and productivity. That's why Hydro One is partnering with Alectra Utilities to support a growing local economy in Hamilton, while improving power reliability for its residents," said Jason Fitzsimmons, Chief Corporate Affairs and Customer Care Officer. "Replacing aging infrastructure and modernizing equipment is part of our plan to build a stronger, safer and more reliable electricity system for Ontario now and into the future." 

"Partnering with Hydro One to invest in our local community will create a safer, more resilient and reliable system for the future," said Max Cananzi, President, Alectra Utilities.  "In addition to investments in the transmission system, Alectra Utilities also plans to invest $235 million over the next five years to renew, upgrade and connect customers to the electrical distribution and supporting systems in Hamilton. Investments in the transmission and distribution systems in Hamilton will contribute to the long-term sustainability of our communities."

"I am pleased to see Hydro One and Alectra investing in modernizing local electricity infrastructure and improving reliability," said Member of Provincial Parliament, Donna Skelly.  "Safe and reliable power is essential to supporting local families, businesses and our community."

Across Ontario, First Nations call for action on urgently needed transmission lines highlight the importance of timely grid investments.

Hydro One's investments included in this announcement are captured in its previously disclosed future capital expenditures, amid proposed projects like the Meaford hydro project across Ontario.

Much of Hydro One's electricity system was built in the 1950s, and replacing aging assets is critical as delays affecting a cross-border transmission line elsewhere have shown. Its three-year, $5 billion investment plan supports safe and reliable power to communities across Ontario, and strong regulatory oversight illustrated by the ATCO Electric penalty helps maintain public trust.


 

 

Related News

View more

Sign Up for Electricity Forum’s Newsletter

Stay informed with our FREE Newsletter — get the latest news, breakthrough technologies, and expert insights, delivered straight to your inbox.

Electricity Today T&D Magazine Subscribe for FREE

Stay informed with the latest T&D policies and technologies.
  • Timely insights from industry experts
  • Practical solutions T&D engineers
  • Free access to every issue

Download the 2025 Electrical Training Catalog

Explore 50+ live, expert-led electrical training courses –

  • Interactive
  • Flexible
  • CEU-cerified