Enel Starts Operations of 450 MW Wind Farm in U.S

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

• Electricity Forum News

• Energy Policy News

Alberta Electricity Market faces energy-only vs capacity debate as transmission, distribution, and administration fees surge; rural rates rise amid a regulated duopoly of investor-owned utilities, prompting calls for competition, innovation, and lower bills.

Key Points

Alberta's electricity market is an energy-only system with rising delivery charges and limited rural competition.

✅ Energy-only design; capacity market scrapped

✅ Delivery charges outpace energy on monthly bills

✅ Rural duopoly limits competition and raises rates

Last week, Alberta’s new Energy Minister Sonya Savage announced the government, through its new electricity rules, would be scrapping plans to shift Alberta’s electricity to a capacity market and would instead be “restoring certainty in the electricity system.”

The proposed transition from energy only to a capacity market is a contentious subject as a market reshuffle unfolds across the province that many Albertans probably don’t know much about. Our electricity market is not a particularly glamorous subject. It’s complicated and confusing and what matters most to ordinary Albertans is how it affects their monthly bills.

What they may not realize is that the cost of their actual electricity used is often just a small fraction of their bill amid rising electricity prices across the province. The majority on an average electricity bill is actually the cost of delivering that electricity from the generator to your house. Charges for transmission, distribution and franchise and administration fees are quickly pushing many Alberta households to the limit with soaring bills.

According to data from Alberta’s Utilities Consumer Advocate (UCA), and alongside policy changes, in 2004 the average monthly transmission costs for residential regulated-rate customers was below $2. In 2018 that cost was averaging nearly $27 a month. The increase is equally dramatic in distribution rates which have more than doubled across the province and range wildly, averaging from as low as $10 a month in 2004 to over $80 a month for some residential regulated-rate customers in 2018.

Where you live determines who delivers your electricity. In Alberta’s biggest cities and a handful of others the distribution systems are municipally owned and operated. Outside those select municipalities most of Alberta’s electricity is delivered by two private companies which operate as a regulated duopoly. In fact, two investor-owned utilities deliver power to over 95 per cent of rural Alberta and they continue to increase their share by purchasing the few rural electricity co-ops that remained their only competition in the market. The cost of buying out their competition is then passed on to the customers, driving rates even higher.

As the CEO of Alberta’s largest remaining electricity co-op, I know very well that as the price of materials, equipment and skilled labour increase, the cost of operating follows. If it costs more to build and maintain an electricity distribution system there will inevitably be a cost increase passed on to the consumer. The question Albertans should be asking is how much is too much and where is all that money going with these private- investor-owned utilities, as the sector faces profound change under provincial leadership?

The reforms to Alberta’s electricity system brought in by Premier Klein in the late 1900s and early 2000s contributed to a surge in investment in the sector and led to an explosion of competition in both electricity generation and retail. 

More players entered the field which put downward pressure on electricity rates, encouraged innovation and gave consumers a competitive choice, even as a Calgary electricity retailer urged the government to scrap the overhaul. But the legislation and regulations that govern rural electricity distribution in Alberta continue to facilitate and even encourage the concentration of ownership among two players which is certainly not in the interests of rural Albertans.

It is also not in the spirit of the United Conservative Party platform commitment to a “market-based” system. A market-based system suggests more competition. Instead, what we have is something approaching a monopoly for many Albertans. The UCP promised a review of the transition to a capacity market that would determine which market would be best for Alberta, and through proposed electricity market changes has decided that we will remain an energy-only market.
Consumers in rural Alberta need electricity to produce the goods that power our biggest industries. Instead of regulating and approving continued rate increases from private multinational corporations, we need to drive competition and innovation that can push rates down and encourage growth and investment in rural-based industries and communities.

Related News

• Electricity Forum News

• Energy Policy News

California Wildfire Smoke Impact on Solar reduces photovoltaic output, as particulate pollution, soot, and haze dim sunlight and foul panels, cutting utility-scale generation and grid reliability across CAISO during peak demand and heatwaves.

Key Points

How smoke and soot cut solar irradiance and foul panels, slashing PV generation and straining CAISO grid operations.

✅ Smoke blocks sunlight; soot deposition reduces panel efficiency.

✅ CAISO reported ~30% drop versus July during peak smoke.

✅ Longer fire seasons threaten solar reliability and capacity planning.

Smoke from California’s unprecedented wildfires was so bad that it cut a significant chunk of solar power production in the state, even as U.S. solar generation rose in 2022 nationwide. Solar power generation dropped off by nearly a third in early September as wildfires darkened the skies with smoke, according to the US Energy Information Administration.

Those fires create thick smoke, laden with particles that block sunlight both when they’re in the air and when they settle onto solar panels. In the first two weeks of September, soot and smoke caused solar-powered electricity generation to fall 30 percent compared to the July average, according to the California Independent System Operator (CAISO), which oversees nearly all utility-scale solar energy in California, where wind and solar curtailments have been rising amid grid constraints. It was a 13.4 percent decrease from the same period last year, even though solar capacity in the state has grown about 5 percent since September 2019.

California depends on solar installations for nearly 20 percent of its electricity generation, and has more solar capacity than the next five US states trailing it combined as it works to manage its solar boom sustainably. It will need even more renewable power to meet its goal of 100 percent clean electricity generation by 2045, building on a recent near-100% renewable milestone that underscored the transition. The state’s emphasis on solar power is part of its long-term efforts to avoid more devastating effects of climate change. But in the short term, California’s renewables are already grappling with rising temperatures.

Two records were smashed early this September that contributed to the loss of solar power. California surpassed 2 million acres burned in a single fire season for the first time (1.7 million more acres have burned since then). And on September 15th, small particle pollution reached the highest levels recorded since 2000, according to the California Air Resources Board. Winds that stoked the flames also drove pollution from the largest fires in Northern California to Southern California, where there are more solar farms.

Smaller residential and commercial solar systems were affected, too, and solar panels during grid blackouts typically shut off for safety, although smoke was the primary issue here. “A lot of my systems were producing zero power,” Steve Pariani, founder of the solar installation company Solar Pro Energy Systems, told the San Mateo Daily Journal in September.

As the planet heats up, California’s fire seasons have grown longer, and blazes are tearing through more land than ever before, while grid operators are also seeing rising curtailments as they integrate more renewables. For both utilities and smaller solar efforts, wildfire smoke will continue to darken solar energy’s otherwise bright future, even as it becomes the No. 3 renewable source in the U.S. by generation.

Related News

• Electricity Forum News

• Renewable Energy News

Cal ISO Flex Alert urges Southern California energy conservation as a Stage 2 emergency strains the power grid, with potential rolling blackouts during peak hours from 3 to 10 p.m., if demand exceeds supply.

Key Points

A statewide call to conserve power during high demand, issued by the grid operator to prevent rolling blackouts.

✅ Stage 2 emergency signals severe grid strain

✅ Peak Flex Alert hours: 3 to 10 p.m. statewide

✅ Set thermostats to 78 and avoid major appliances

Residents and businesses across Southern California were urged to conserve power Tuesday afternoon amid ongoing electricity inequities across the state as the manager of the state’s power grid warned rolling blackouts could be imminent for some power customers.

The California Independent System Operator (Cal ISO), which manages the state power grid, declared a Stage 2 emergency as of 2:30 p.m., indicating severe strain on the electrical system, similar to a recent grid alert in Alberta that relied on reserves.

ADVERTISING

Rolling blackouts for some customers could occur in a Stage 3 emergency, distinct from the intentional shut-offs some utilities use to reduce wildfire risk.

Cal ISO issued a statewide Flex Alert in effect from 3 to 10 p.m. Tuesday and Wednesday, with conservation considered especially critical during those hours, a concern heightened by pandemic-era grid operations this year.

Officials told reporters rolling blackouts might be avoided Tuesday evening if residents repeat the level of conservation seen Monday.
“If we can get the same sort of response we got yesterday, we can minimize this, or perhaps avoid it altogether,” Cal-ISO President/CEO Steve Berberich said, noting that some operators have even planned staff lockdowns during COVID-19 to maintain reliability.

Cal-ISO controls roughly 80% of the state’s power grid through Southern California Edison, Pacific Gas and Electric Co., with the utility recently restoring power after shut-offs in affected communities, and San Diego Gas & Electric.

Residents are urged to set thermostats at 78 in the afternoon and evening hours and avoiding the use of air conditioning and major appliances during the Flex Alert hours, as utilities like PG&E prepare for winter storms to improve resilience.

Related News

• Electricity Forum News

• Utility Operations News

Alberta Last-Resort Power Rate Reform outlines consumer protection against market volatility, price spikes, and wholesale rate swings, promoting fixed-rate plans, price caps, transparency, and stable pricing mechanisms within Alberta's deregulated power market.

Key Points

Alberta Last-Resort Power Rate Reform seeks stable, transparent pricing and stronger consumer protections.

✅ Caps or hedges shield bills from wholesale price spikes

✅ Expand fixed-rate options and enrollment nudges

✅ Publish clear, real-time pricing and market risk alerts

Alberta’s electricity market is facing growing instability, with rising prices leaving many consumers struggling. The province's rate of last resort, a government-set price for people who haven’t chosen a fixed electricity plan, has become a significant concern. Due to volatile market conditions, this rate has surged, causing financial strain for households. Experts, like energy policy analyst Blake Shaffer, argue that the current market structure needs reform. They suggest creating more stability in pricing, ensuring better protection for consumers against unexpected price spikes, and addressing the flaws that lead to market volatility.

As electricity prices climb, many consumers are feeling the pressure. In Alberta, where energy deregulation is the norm in the electricity market, people without fixed-rate plans are automatically switched to the last-resort rate when their contracts expire. This price is based on fluctuating wholesale market rates, which can spike unexpectedly, leaving consumers vulnerable to sharp price increases. For those on tight budgets, such volatility makes it difficult to predict costs, leading to higher financial stress.

Blake Shaffer, a prominent energy policy expert, has been vocal about the need to address these issues. He has highlighted that while some consumers benefit from fixed-rate plans, with experts urging Albertans to lock in rates when possible, those who cannot afford them or who are unaware of their options often find themselves stuck with the unpredictable last-resort rate. This rate can be substantially higher than what a fixed-plan customer would pay, often due to rapid shifts in energy demand and supply imbalances.

Shaffer suggests that the province’s electricity market needs a restructuring to make it more consumer-friendly and less vulnerable to extreme price hikes. He argues that introducing more transparency in pricing and offering more stable options for consumers through new electricity rules could help. In addition, there could be better incentives for consumers to stay informed about their electricity plans, which would help reduce the number of people unintentionally placed on the last-resort rate.

One potential solution proposed by Shaffer and others is the creation of a more predictable and stable pricing mechanism, though a Calgary electricity retailer has urged the government to scrap an overhaul, where consumers could have access to reasonable rates that aren’t so closely tied to the volatility of the wholesale market. This could involve capping prices or offering government-backed insurance against large price fluctuations, making electricity more affordable for those who are most at risk.

The increasing reliance on market-driven prices has also raised concerns about Alberta’s energy policy changes and overall direction. As a province with a large reliance on oil and gas, Alberta’s energy sector is tightly connected to global energy trends. While this has its benefits, it also means that Alberta’s electricity prices are heavily influenced by factors outside the control of local consumers, such as geopolitical issues or extreme weather events. This makes it hard for residents to predict and plan their energy usage and costs.

For many Albertans, the current state of the electricity market feels precarious. As more people face unexpected price hikes, calls for a market overhaul continue to grow louder across Alberta. Shaffer and others believe that a new framework is necessary—one that balances the interests of consumers, the government, and energy companies, while ensuring that basic energy needs are met without overwhelming households with excessive costs.

In conclusion, Alberta’s last-resort electricity rate system is an increasing burden for many. While some may benefit from fixed-rate plans, others are left exposed to market volatility. Blake Shaffer advocates for reform to create a more stable, transparent, and affordable electricity market, one that could better protect consumers from the high risks associated with deregulated pricing. Addressing these challenges will be crucial in ensuring that energy remains accessible and affordable for all Alberta residents.

Related News

• Electricity Forum News

• Energy Policy News

Alberta Electricity Demand Record surges during a deep freeze, as AESO reports peak load in megawatts and ENMAX notes increased usage in Calgary and Edmonton, with thermostats up amid a cold snap straining power grid.

Key Points

It is the highest electricity peak load recorded by AESO, reflecting maximum grid usage during cold snaps.

✅ AESO reported 11,729 MW peak during the deep freeze

✅ ENMAX saw a 13 percent demand jump week over week

✅ Cold snap drove thermostats up in Calgary and Edmonton

Albertans are cranking up their thermostats and blasting heat into their homes at overwhelmingly high rates as the deep freeze continues across the region. 

It’s so cold that the province set a new all-time record Tuesday evening for electricity usage. 

According to the Alberta Electric System Operator (AESO), as electricity prices spike in Alberta during extreme demand, 11,729 MW of power was used around 7 p.m. Tuesday, passing the previous record set in January of last year by 31 MW.

Temperatures reached a low of -29 C in Calgary, where rising electricity bills have strained budgets, on Tuesday while Edmonton saw a low of -30 C, according to Environment Canada. Wind chill  made it feel closer to -40.

“That increase — 31 Megawatts — is sizeable and about the equivalent of a moderately sized generation facility,” said AESO communications director, Mike Deising. 

“We do see higher demand in winter because it’s cold and it’s dark and that’s really exactly what we’re seeing right now as demand goes up, people turn on their lights and turn up their furnaces,” and with the UCP scrapping the price cap earlier that’s really exactly what we’re seeing right now as demand goes up, people turn on their lights and turn up their furnaces.”

Deising adds Alberta’s electricity usage over the last year has actually been much lower than average, though experts urge Albertans to lock in rates amid expected volatility, despite more people staying home during the pandemic. 

That trend was continuing into 2021, but as Alberta's rising electricity prices draw attention, it’s expected that more records could be broken. 

“If the cold snap continues we may likely set another record (Wednesday) or (Thursday), depending on what happens with the temperatures,” he said. 

Meanwhile, ENMAX has reported an average real-time system demand of 1,400 MW for the city of Calgary. 

That amount is still a far cry from the current season record of 1,619 MW (Aug. 18, 2020), the all-time winter record of 1,653MW (Dec. 2, 2013), and the all-time summer record of 1,692 MW (Aug. 10, 2018). 

ENMAX says electricity demand has increased quite significantly over the past week — by about 13 per cent — since the cold snap set in. 

As a result, the energy company is once again rolling out its ‘Winter Wise’ campaign in an effort to encourage Calgarians to manage both electricity and natural gas use in the winter, even as a consumer price cap on power bills is enabled by new legislation.

Related News

• Electricity Forum News

• Energy Policy News