Court quashes government cancellation of wind farm near Cornwall


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Nation Rise Wind Farm Ruling overturns Ontario cancellation, as Superior Court finds the minister's decision unreasonable; EDP Renewables restarts 100-megawatt project near Cornwall, citing jobs, clean energy, and procedural fairness over bat habitat concerns.

 

Key Points

Ontario court quashes cancellation, letting EDP Renewables finish 100 MW Nation Rise project and resume clean energy.

✅ Judges call minister's decision unreasonable, unfair

✅ EDP Renewables to restart construction near Cornwall

✅ 100 MW, 29 turbines; costs awarded, appeal considered

 

Construction of a wind farm in eastern Ontario, as wind power makes gains nationwide, will move ahead after a court quashed a provincial government decision to cancel the project.

In a ruling released Wednesday, a panel of Ontario Superior Court judges said the province's decision to scrap the Nation Rise Wind Farm in December 2019 did not meet the proper requirements.

At the time, Environment Minister Jeff Yurek revoked the approvals of the project near Cornwall, Ont., citing the risk to three bat species.

That decision came despite a ruling from the province's Environmental Review Tribunal that determined the risk the project posed to the bat population was negligible.

The judges said the minister's decision was "unreasonable" and "procedurally unfair."

"The decision does not meet requirements of transparency, justification, and intelligibility, as the Minister has failed to adequately explain his decision," the judges wrote in their decision.

The company behind the project, EDP Renewables, said the 29-turbine wind farm was almost complete when its approval was revoked in December, even as Alberta saw TransAlta scrap a wind farm in a separate development.

The company said Thursday it plans to restart construction on the 100-megawatt wind farm.

"EDPR is eager to recommence construction of the Nation Rise Wind Farm, which will bring much-needed jobs and investment to the community," the company said in a statement. "This delay has resulted in unnecessary expenditures to-date, at a time when governments and businesses should be focused on reducing costs and restarting the economy."

A spokesman for Yurek said the government is disappointed with the outcome of the case but did not comment on a possible appeal.

"At this time, we are reviewing the decision and are carefully considering our next steps," Andrew Buttigieg said in a statement.

NDP climate change critic Peter Tabuns said the court decision is an embarrassment for the minister and the government. He urged the government not to pursue an appeal.

Yurek "was found to have ignored the evidence and the facts," he said. "They didn't just lose, their case collapsed. They had nothing to stand on. Taking this to appeal would be a complete and total waste of money."

Green party Leader Mike Schreiner said the ruling proves the government was acting based on ideology over evidence when it revoked the project's approval.

"As we shift towards a post-COVID recovery, we need the Ford government to give up the irrational crusade against affordable and reliable clean energy," Schreiner said in a statement.

Last year, the NDP revealed the province had spent $231 million to cancel more than 750 renewable energy contracts, a move Ford said he was proud of, shortly after winning the 2018 election.

The Progressive Conservatives have blamed the previous Liberal government, as leadership candidates debate how to fix power, for signing the bad energy deals while the province had an oversupply of electricity.

The Ford government, amid a new stance on wind power, has also said that by cancelling the contracts it would ultimately save ratepayers $790 million -- a figure industry officials have disputed.

At the time of the wind farm cancellation, the government also said it would introduce legislation that would protect consumers from any costs incurred, though a developer warned cancellations could exceed $100M at the time.

It has since acknowledged it will have to pay some companies to cancel the deals and set aside $231 million to reach agreements with those firms, and more recently has moved to reintroduce renewable projects in some cases.

On Wednesday, the judges awarded Nation Rise $126,500 in costs, which the government will have to pay.

 

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Quebec premier inaugurates La Romaine hydroelectric complex

La Romaine Hydroelectric Complex anchors Quebec's hydropower expansion, showcasing Hydro-Québec ingenuity, clean energy, electrification, and grid capacity gains along the North Shore's Romaine River to power industry and nearly 470,000 homes.

 

Key Points

A four-station, $7.4B hydro project on Quebec's Romaine River producing 8 TWh a year for electrification and industry.

✅ Generates 8 TWh yearly, powering about 470,000 homes

✅ Largest Quebec hydro build since James Bay project

✅ Key to clean energy, grid capacity, and electrification

 

Quebec Premier François Legault has inaugurated the la Romaine hydroelectric complex on the province's North Shore.

The newly inaugurated Romaine hydroelectric complex could serve as a model for future projects, such as the Carillon Generating Station investment now planned in the province, Legault said.

"It brings me a lot of pride. It is truly the symbol of Quebec ingenuity," he said as he opened the vast power plant.

Legault was accompanied at today's event by Jean Charest, who was Quebec premier when construction began in 2009, as well as Hydro-Québec president and CEO Michael Sabia. 

La Romaine is comprised of four power stations and is the largest hydro project constructed in the province since the Robert Bourassa generation facility, which was commissioned in 1979. It is the biggest hydro installation since the James Bay project, bolstering Hydro-Québec's hydropower capacity across the grid today.

The construction work for Romaine-4 was supposed to finish in 2020, but it was delayed the COVID-19 pandemic, the death of four workers due to security flaws and soil decomposition problems. 

The $7.4-billion la Romaine complex can produce eight terawatt hours of electricity per year, enough to power nearly 470,000 homes.

It generates its power from the Romaine River, located north of Havre-St-Pierre, Que., near the Labrador border, where long-standing Newfoundland and Labrador tensions over Quebec's projects sometimes resurface today.

Legault said that Quebec still doesn't have enough electricity to meet demand from industry, including recent allocations of electricity for industrial projects across the province, and Quebecers need to consider more ways to boost the province's ability to power future projects. The premier has said previously that demand is expected to surge by an additional 100 terawatt-hours by 2050 — half the current annual output of the provincially owned utility.

Legault's environmental plan of reducing greenhouse gases and achieving carbon neutrality by 2050 hinges on increased electrification and a strategy to wean off fossil fuels provincewide, so the electricity needs for transport and industry will be massive.

An updated strategic plan from Hydro-Quebec will be presented in November outlining those needs, president and CEO Michael Sabia told reporters on Thursday, after recent deals with NB Power underscored interprovincial demand.

Legault said the report will trigger a broader debate on energy transition and how the province can be a leader in the green economy. He said he wasn't ruling out any potential power sources — except for a return to nuclear power at this stage.

 

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Why an energy crisis and $5 gas aren't spurring a green revolution

U.S. Energy Transition Delays stem from grid bottlenecks, permitting red tape, solar tariff uncertainty, supply-chain shocks, and scarce affordable EVs, risking deeper fossil fuel lock-in despite climate targets for renewables, transmission expansion, and decarbonization.

 

Key Points

Delays driven by grid limits, permitting, and supply shocks that slow renewables, transmission, EVs, and decarbonization.

✅ Grid interconnection and transmission backlogs stall renewables

✅ Tariff probes and supply chains disrupt utility-scale solar

✅ Permitting, policy gaps, and EV costs sustain fossil fuel use

 

Big solar projects are facing major delays. Plans to adapt the grid to clean energy are confronting mountains of red tape. Affordable electric vehicles are in short supply.

The United States is struggling to squeeze opportunity out of an energy crisis that should have been a catalyst for cleaner, domestically produced power. After decades of putting the climate on the back burner, the country is finding itself unprepared to seize the moment and at risk of emerging from the crisis even more reliant on fossil fuels.

10 steps you can take to lower your carbon footprint
The problem is not entirely unique to the United States. Across the globe, climate leaders are warning that energy shortages including coal and nuclear disruptions prompted by Russia’s unprovoked invasion of Ukraine and high gas prices driven by inflation threaten to make the energy transition an afterthought — potentially thwarting efforts to keep global temperature rise under 1.5 degrees Celsius.

“The energy crisis exacerbated by the war in Ukraine has seen a perilous doubling down on fossil fuels by the major economies,” U.N. Secretary General António Guterres said at a conference in Vienna on Tuesday, according to prepared remarks. He warned governments and investors that a failure to immediately and more aggressively embrace clean energy could be disastrous for the planet.

U.S. climate envoy John F. Kerry suggested that nations are falling prey to a flawed logic that fossil fuels will help them weather this period of instability, undermining U.S. national security and climate goals, which has seen gas prices climb to a record-high national average of $5 per gallon. “You have this new revisionism suggesting that we have to be pumping oil like crazy, and we have to be moving into long-term [fossil fuel] infrastructure building,” he said at the Time100 Summit in New York this month. “We have to push back.”

Climate envoy John F. Kerry attends the Summit of the Americas in Los Angeles on June 8. Kerry has criticized the tendency to turn toward fossil fuels in times of uncertainty. (Apu Gomes/AFP/Getty Images)
In the United States — the world’s second-largest emitter of greenhouse gases after China — the hurdles go beyond the supply-chain crisis and sanctions linked to the war in Ukraine. The country’s lofty goals for all carbon pollution to be gone from the electricity sector by 2035 and for half the cars sold to be electric by 2030 are jeopardized by years of neglect of the electrical grid, regulatory hurdles that have set projects back years, and failures by Congress and policymakers to plan ahead.
The challenges are further compounded by plans to build costly new infrastructure for drilling and exporting natural gas that will make it even harder to transition away from the fossil fuel.

“We are running into structural challenges preventing consumers and businesses from going cleaner, even at this time of high oil and gas prices,” said Paul Bledsoe, a climate adviser in the Clinton administration who now works on strategy at the Progressive Policy Institute, a center-left think tank. “It is a little alarming that even now, Congress is barely talking about clean energy.”

Consumers are eager for more wind and solar. Companies looking to go carbon-neutral are facing growing waitlists for access to green energy, and a Pew Research Center poll in late January found that two-thirds of Americans want the United States to prioritize alternative energy over fossil fuel production.

But lawmakers have balked for more than a decade at making most of the fundamental economic and policy changes such as a clean electricity standard that experts widely agree are crucial to an orderly and accelerated energy transition. The United States does not have a tax on carbon, nor a national cap-and-trade program that would reorient markets toward lowering emissions. The unraveling in Congress of President Biden’s $1.75 trillion Build Back Better plan has added to the head winds that green-energy developers face, even as climate law results remain mixed.

Vice President Harris tours electric school buses at Meridian High School in Falls Church, Va., on May 20. (Mandel Ngan/AFP/Getty Images)
“There is literally nothing pushing this forward in the U.S. beyond the tax code and some state laws,” said Heather Zichal, a former White House climate adviser who is now the chief executive of the American Clean Power Association.

The effects of the U.S. government’s halting approach are being felt by solar-panel installers, who saw the number of projects in the most recent quarter fall to the lowest level since the pandemic began. There was 24 percent less solar installed in the first quarter of 2022 than in the same quarter of 2021.

The holdup largely stems from a Commerce Department investigation into alleged tariff-dodging by Chinese manufacturers. Faced with the potential for steep retroactive penalties, hundreds of industrial-scale solar projects were frozen in early April. Weak federal policies to encourage investment in solar manufacturing left American companies ill-equipped to fill the void.

“We shut down multiple projects and had to lay off dozens of people,” said George Hershman, chief executive of SOLV Energy, which specializes in large solar installations. SOLV, like dozens of other solar companies, is now scrambling to reassemble those projects after the administration announced a pause of the tariffs.

Meanwhile, adding clean electricity to the aging power grid has become an increasingly complicated undertaking, given the failure to plan for adequate transmission lines and long delays connecting viable wind and solar projects to the electricity network.

 

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Amazon Announces Three New Renewable Energy Projects to Support AWS Global Infrastructure

AWS Renewable Energy Projects deliver new wind power for AWS data centers in Ireland, Sweden, and the US, adding 229 MW and 670,000 MWh annually, supporting 100% renewable targets and global cloud sustainability.

 

Key Points

AWS projects add wind power in Ireland, Sweden, and the US to supply clean energy for AWS data centers.

✅ 229 MW new wind capacity; 670,000 MWh annual generation

✅ Sites: Donegal (IE), Backhammar (SE), Tehachapi (US)

✅ Advances 100% renewable goal for global AWS infrastructure

 

 Amazon has announced three new clean energy projects as part of its long-term goal to power all Amazon Web Services (AWS) global infrastructure with renewable energy. These projects – one in Ireland, one in Sweden, and one in the United States – will deliver wind-generated energy that will total over 229 megawatts (MW) of power, with expected generation of over 670,000 megawatt hours (MWh) of renewable energy annually. The new projects are part of AWS’s long-term commitment to achieve 100 percent renewable energy for its global infrastructure. In 2018, AWS exceeded 50 percent renewable energy for its global infrastructure.

Once complete, these projects, combined with AWS’s previous nine renewable energy projects, reflect how renewable power developers benefit from diversified sources and are expected to generate more than 2,700,000 MWh of renewable energy annually – equivalent to the annual electricity consumption of over 262,000 US homes, which is approximately the size of the city of Nashville, Tennessee.

“Each of these projects brings us closer to our long-term commitment to use 100 percent renewable energy to power our global AWS infrastructure,” said Peter DeSantis, Vice President of Global Infrastructure and Customer Support, Amazon Web Services. “These projects are well-positioned to serve AWS data centers in Ireland, Sweden, and the US. We expect more projects in 2019 as we continue toward our goal of powering all AWS global infrastructure with renewable energy.”

Amazon has committed to buying the energy from a new wind project in Ireland, a 91.2 MW wind farm in Donegal. The Donegal wind farm project is expected to deliver clean energy no later than the end of 2021.

“AWS’s investment in renewable projects in Ireland illustrates their continued commitment to adding clean energy to the grid and it will make a positive contribution to Ireland’s renewable energy goals,” said Leo Varadkar, An Taoiseach of Ireland. “As a significant employer in Ireland, it is very encouraging to see Amazon taking a lead on this issue. We look forward to continuing to work with Amazon as we strive to make Ireland a leader on renewable energy.”

Amazon will also purchase 91 MW of power from a new wind farm in Bäckhammar, Sweden, which is expected to deliver renewable energy by the end of 2020.

“Sweden has long been known for ambitious renewable energy goals, and this new wind farm showcases both our country’s leadership and AWS’s commitment to renewable energy,” said Anders Ygeman, Sweden’s Minister for Energy and Digital Development. “This is a significant step in Sweden’s renewable energy production as we work toward our target of 100 percent renewable energy by 2040.”

California leads the United States in renewable electricity generation from non-hydroelectric sources, as US solar and wind growth accelerates, and the state’s Tehachapi Mountains, where AWS’s wind farm will be located, contain some of the largest wind farms in the country. The wind farm project in Tehachapi is expected to bring up to 47 MW of new renewable energy capacity by the end of 2020.

“This announcement from AWS is great news, not just for California, but for the entire country, as it reaffirms our role as a leader in renewable energy and allows us to take an important step forward on deploying the clean energy we need to respond to climate change,” said California State Senator Jerry Hill, San Mateo and Santa Clara Counties, a member of the Senate Standing Committee on Energy, Utilities and Communications.

Beyond the sustainability initiatives focused on powering the AWS global infrastructure, Amazon recently announced Shipment Zero, which is Amazon’s vision to make all Amazon shipments net zero carbon, with 50 percent of all shipments net zero by 2030. Additional sustainability programs across the company include Amazon Wind Farm Texas, which adds more than 1 million MWh of clean energy each year, alongside Amazon Wind Farm US East that is now fully operational, demonstrating scale. In total, Amazon has enabled 53 wind and solar projects worldwide, which produce more than 1,016 MW and are expected to deliver over 3,075,636 million MWh of energy annually, while peers like Arvato's solar power plant underscore broader momentum across the industry. These projects support hundreds of jobs, while providing tens of millions of dollars of investment in local communities, with Iowa wind power offering a strong example. Amazon has also set a goal to host solar energy systems at 50 fulfillment centers by 2020. This deployment of rooftop solar systems, aided by cheap batteries that enhance storage, is part of a long-term initiative that will start in North America and spread across the globe. Amazon also implemented the District Energy Project that uses recycled energy for heating Amazon offices in Seattle. For more information on Amazon’s sustainability initiatives, visit www.amazon.com/sustainability.

 

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Alberta creates fund to help communities hit by coal phase-out

Alberta Coal Community Transition Fund backs renewables, natural gas, and economic diversification, offering grants, workforce retraining, and community development to municipalities and First Nations as Alberta phases out coal-fired power by 2030.

 

Key Points

A provincial grant helping coal-impacted communities diversify, retrain workers, and transition to renewables by 2030.

✅ Grants for municipalities and First Nations

✅ Supports diversification and job retraining

✅ Focus on renewables, natural gas, and new sectors

 

The Coal Community Transition Fund is open to municipalities and First Nations affected as Alberta phases out coal-fired electricity by 2030 under the federal coal plan to focus on renewables and natural gas.

Economic Development Minister Deron Bilous says the government wants to ensure these communities thrive through the transition, aligning with views that fossil-fuel workers support the energy transition across the economy.

“Residents in our communities have concerns about the transition away from coal, even as discussions about phasing out fossil fuels in B.C. unfold nationally,” Rod Shaigec, mayor of Parkland County, said.

“They also have ideas on how we can mitigate the impacts on workers and diversify our economy, including clean energy partnerships to create new employment opportunities for affected workers. We are working to address those concerns and support their ideas. This funding means we can make those ideas a reality in various economic sectors of opportunity.”

The coal-mining town of Hanna, northeast of Calgary, has already received $450,000 through the program to work on economic diversification, exploring options like bridging the Alberta-B.C. electricity gap that could support new industries.

The application deadline for the coal transition fund is the end of November.

A provincial advisory panel is also expected to report back this fall on ways to create new jobs and retrain workers during the coal phase-out.

 

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Experts Advise Against Cutting Quebec's Energy Exports Amid U.S. Tariff War

Quebec Hydropower Export Retaliation examines using electricity exports to counter U.S. tariffs amid Canada-U.S. trade tensions, weighing clean energy supply, grid reliability, energy security, legal risks, and long-term market impacts.

 

Key Points

Using Quebec electricity exports as leverage against U.S. tariffs, and its economic, legal, and diplomatic consequences.

✅ Revenue loss for Quebec and higher costs for U.S. consumers

✅ Risk of legal disputes under trade and energy agreements

✅ Long-term erosion of market share and grid cooperation

 

As trade tensions between Canada and the United States continue to escalate, with electricity exports at risk according to recent reporting, discussions have intensified around potential Canadian responses to the imposition of U.S. tariffs. One of the proposals gaining attention is the idea of reducing or even halting the export of energy from Quebec to the U.S. This measure has been suggested by some as a potential countermeasure to retaliate against the tariffs. However, experts and industry leaders are urging caution, emphasizing that the consequences of such a decision could have significant economic and diplomatic repercussions for both Canada and the United States.

Quebec plays a critical role in energy trade, particularly in supplying hydroelectric power to the United States, especially to the northeastern states, including New York where tariffs may spike energy prices according to analysts, strengthening the case for stable cross-border flows. This energy trade is deeply embedded in the economic fabric of both regions. For Quebec, the export of hydroelectric power represents a crucial source of revenue, while for the U.S., it provides access to a steady and reliable supply of clean, renewable energy. This mutually beneficial relationship has been a cornerstone of trade between the two countries, promoting economic stability and environmental sustainability.

In the wake of recent U.S. tariffs on Canadian goods, some policymakers have considered using energy exports as leverage, echoing threats to cut U.S. electricity exports in earlier disputes, to retaliate against what is viewed as an unfair trade practice. The idea is to reduce or stop the flow of electricity to the U.S. as a way to strike back at the tariffs and potentially force a change in U.S. policy. On the surface, this approach may appear to offer a viable means of exerting pressure. However, experts warn that such a move would be fraught with significant risks, both economically and diplomatically.

First and foremost, Quebec's economy is heavily reliant on revenue from hydroelectric exports to the U.S. Any reduction in these energy sales could have serious consequences for the province's economic stability, potentially resulting in job losses and a decrease in investment. The hydroelectric power sector is a major contributor to Quebec's GDP, and recent events, including a tariff threat delaying a green energy bill in Quebec, illustrate how trade tensions can ripple through the policy landscape, while disrupting this source of income could harm the provincial economy.

Additionally, experts caution that reducing energy exports could have long-term ramifications on the energy relationship between Quebec and the northeastern U.S. These two regions have developed a strong and interconnected energy network over the years, and abruptly cutting off the flow of electricity could damage this vital partnership. Legal challenges could arise under existing trade agreements, and even as tariff threats boost support for Canadian energy projects among some stakeholders, the situation would grow more complex. Such a move could also undermine trust between the two parties, making future negotiations on energy and other trade issues more difficult.

Another potential consequence of halting energy exports is that U.S. states may seek alternative sources of energy, diminishing Quebec's market share in the long run. As the U.S. has a growing demand for clean energy, especially as it looks to transition away from fossil fuels, and looks to Canada for green power in several regions, cutting off Quebec’s electricity could prompt U.S. states to invest in other forms of energy, including renewables or even nuclear power. This could have a lasting effect on Quebec's position in the U.S. energy market, making it harder for the province to regain its footing.

Moreover, reducing or ceasing energy exports could further exacerbate trade tensions, leading to even greater economic instability. The U.S. could retaliate by imposing additional tariffs on Canadian goods or taking other measures that would negatively impact Canada's economy. This could create a cycle of escalating trade barriers that would hurt both countries and undermine the broader North American trade relationship.

While the concept of using energy exports as a retaliatory tool may seem appealing to some, the experts' advice is clear: the potential economic and diplomatic costs of such a strategy outweigh the short-term benefits. Quebec’s role as an energy supplier to the U.S. is crucial to its own economy, and maintaining a stable, reliable energy trade relationship is essential for both parties. Rather than escalating tensions further, it may be more prudent for Canada and the U.S. to seek diplomatic solutions that preserve trade relations and minimize harm to their economies.

While the idea of using Quebec’s energy exports as leverage in response to U.S. tariffs may appear attractive on the surface, and despite polls showing support for tariffs on energy and minerals among Canadians, it carries significant risks. Experts emphasize the importance of maintaining a stable energy export strategy to protect Quebec’s economy and preserve positive diplomatic relations with the U.S. Both countries have much to lose from further escalating trade tensions, and a more measured approach is likely to yield better outcomes in the long run.

 

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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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