Colorado power dam fire results in indictment

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Xcel Energy, Inc., Public Service Company of Colorado, RPI Coating, Inc., and two men were indicted by a federal grand jury in Denver on charges that the defendants violated workplace safety and health rules and regulations that resulted in the death of five men at the Cabin Creek Hydro Plant, near Georgetown, Colo.

The indictment was announced by U.S. Attorney David Gaouette and Occupational Safety and Health Administration (OSHA). The defendants will receive summons in U.S. District Court in Denver on September 22.

According to the indictment, on October 2, 2007, five men employed by RPI Coating, Inc., died at the Cabin Creek Hydro Plant, near Georgetown, Colo., in Clear Creek County, during a fire. Xcel Energy and Public Service Company of Colorado operate the hydro-electric plant.

The deceased men were working inside a large, drained water pipe called a penstock, when the fire erupted. Their escape from the penstock was blocked by the fire. They survived inside the penstock for about one hour before dying from asphyxiation due to inhalation of carbon monoxide produced by the fire. The deaths were caused by violations of the Occupational Safety and Health Administration's workplace safety and health regulations, which resulted in the fire and the failure to rescue the men.

The Cabin Creek Hydro Plant is located on Guanella Pass Road at about 10,000 feet elevation. It is a pumped storage electric power generation plant. Water is stored in an upper reservoir at about 11,000 feet elevation. During the day, that water flows downhill through the penstock to turbines that generate electricity, and then into a lower reservoir at about 10,000 feet elevation. At night, the water is pumped back up through the penstock to the upper reservoir.

The steel section of the penstock had a lining to protect the steel from the water. By 2007, the lining of the steel section of the penstock had reached the end of its useful life. Thus, Xcel and Public Service initiated the Cabin Creek relining project, removing the old liner and replacing it with a new epoxy liner.

In 2007, Xcel Energy and Public Service Company of Colorado contracted with RPI Coating, Inc., to perform the maintenance work. RPI Coating is a specialty coatings application company headquartered in Santa Fe Springs, Calif. The penstock was a permit-required confined space subject to OSHA's general industry confined space regulation. All defendants, including RPI owner and president Philippe Goutagny, of Santa Anna, Calif., and RPI vice president and project supervisor James Thompson, of West Canyon Lake, Calif., were aware that the relining project posed serious health and safety hazards to their employees working inside the penstock.

Additionally, during the penstock relining project, several incidents occurred that posed health and safety hazards to employees working inside the penstock. The indictment alleges that the defendants knew about the incidents, but nonetheless treated the penstock as a non-permit-required confined space during the relining project. The indictment also alleges that the defendants failed to conduct life safety rescue drills.

From about Sept. 4, 2007 through Oct. 2, 2007, RPI Coating employees set up their equipment at the Cabin Creek Hydro Plant, blasting the old lining system from the steel pipe section and then applying the new epoxy liner, all under the supervision of Xcel Energy and Public Service Company. On Oct. 2, 2007, an employee of Xcel Energy entered the penstock early in the morning to perform welding repairs. Thereafter, RPI Coating employees began spraying the new epoxy liner onto the steel pipe section. They had methyl ethyl ketone, a common industrial solvent also known as MEK, inside the penstock to clean their application equipment. They encountered difficulties with the application equipment, and they brought additional MEK into the penstock to continue cleaning their application equipment.

On Oct. 2, 2007, the MEK that RPI Coating employees brought into the penstock volatilized into the air in the workspace causing employees to suffer irritation and complain to their managers. An ignition source in the vicinity of the epoxy sprayer ignited the MEK vapor, starting a fire. There was only one viable egress point, which was located at the low end of the penstock. The fire was located between the five men who died and that egress point. The men retreated up the penstock, but were unable to get past the 55 degrees incline section of penstock. Several RPI Coating employees located on the other side of the fire escaped the penstock and lived.

"Following OSHA rules and regulations are critical to the safety of all workers in this country," said U.S. Attorney David Gaouette.

"This catastrophe could have been avoided if the companies had followed their critical safety procedures," said Greg Baxter, OSHA Regional Administrator in Denver. "There should never be such a disregard for the safety of employees."

Xcel Energy, Inc., Public Service Company of Colorado, and RPI Coating, Inc. are each charged with five counts of violating OSHA Regulation and Causing Death, which is punishable by a fine of not more than $500,000 per count.

Philippe Goutagny and James Thompson are also both charged with five counts of violating OSHA Regulation and Causing Death. If convicted, they each face not more than 6 months in prison, and a fine of up to $250,000 for each count.

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Wind Power Surges in U.S. Electricity Mix

U.S. Wind Power 2025 drives record capacity additions, with FERC data showing robust renewable energy growth, IRA incentives, onshore and offshore projects, utility-scale generation, grid integration, and manufacturing investment boosting clean electricity across key states.

 

Key Points

Overview of record wind additions, IRA incentives, and grid expansion defining the U.S. clean electricity mix in 2025.

✅ FERC: 30.1% of new U.S. capacity in Jan 2025 from wind

✅ Major projects: Cedar Springs IV, Boswell, Prosperity, Golden Hills

✅ IRA incentives drive onshore, offshore builds and manufacturing

 

In early 2025, wind power has significantly strengthened its position in the United States' electricity generation portfolio. According to data from the Federal Energy Regulatory Commission (FERC), wind energy accounted for 30.1% of the new electricity capacity added in January 2025, and as the most-used renewable source in the U.S., it also surpassed the previous record set in 2024. This growth is attributed to substantial projects such as the 390.4 MW Cedar Springs Wind IV and the 330.0 MW Boswell Wind Farm in Wyoming, along with the 300.0 MW Prosperity Wind Farm in Illinois and the 201.0 MW Golden Hills Wind Farm Expansion in Oregon. 

The expansion of wind energy capacity is part of a broader trend where solar and wind together accounted for over 98% of the new electricity generation capacity added in the U.S. in January 2025. This surge is further supported by the federal government's Inflation Reduction Act (IRA) and broader policy support for renewables, which has bolstered incentives for renewable energy projects, leading to increased investments and the establishment of new manufacturing facilities. 

By April 2025, clean electricity sources, including wind and solar, were projected to surpass 51% of total utility-scale electricity generation in the U.S., building on a 25.5% renewable share seen in recent data, marking a significant milestone in the nation's energy transition. This achievement is attributed to a combination of factors: a seasonal drop in electricity demand during the spring shoulder season, increased wind speeds in key areas like Texas, and higher solar production due to longer daylight hours and expanded capacity in states such as California, Arizona, and Nevada, supported by record installations across the solar and storage industry. 

Despite a 7% decline in wind power production in early April compared to the same period in 2024—primarily due to weaker wind speeds in regions like Texas—the overall contribution of wind energy remained robust, supported by an 82% clean-energy pipeline that includes wind, solar, and batteries. This resilience underscores the growing reliability of wind power as a cornerstone of the U.S. electricity mix. 

Looking ahead, the U.S. Department of Energy projects that wind energy capacity will continue to grow, with expectations of adding between 7.3 GW and 9.9 GW in 2024, and potentially increasing to 14.5 GW to 24.8 GW by 2028. This growth is anticipated to be driven by both onshore and offshore wind projects, with onshore wind representing the majority of new additions, continuing a trajectory since surpassing hydro capacity in 2016 in the U.S.

Early 2025 has witnessed a notable increase in wind power's share of the U.S. electricity generation mix. This trend reflects the nation's ongoing commitment to expanding renewable energy sources, especially after renewables surpassed coal in 2022, supported by favorable policies and technological advancements. As the U.S. continues to invest in and develop wind energy infrastructure, the role of wind power in achieving a cleaner and more sustainable energy future becomes increasingly pivotal.

 

 

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Power Demand Seen Holding Firm In Europe’s Latest Lockdown

European Power Demand During Second Lockdowns remains resilient as winter heating offsets commercial losses; electricity consumption tracks seasonal norms, with weather sensitivity, industrial activity, natural gas shielding, and coal decline shaping dynamics under COVID-19 restrictions.

 

Key Points

It is expected to remain near seasonal norms, driven by heating, industry activity, and weather sensitive consumption.

✅ Winter heating offsets retail and hospitality closures

✅ Demand sensitivity rises with colder weather in France

✅ Gas generation shielded; coal likely to curtail first

 

European power demand is likely to hold up in the second round of national lockdown restrictions, with fluctuations most likely driven by changes in the weather.

Traders and analysts expect normal consumption this time around as home heating during the chilly season replaces commercial demand.

Last week electricity consumption in France, Germany and the U.K. was close to business-as-usual levels for the time of year, according to BloombergNEF data. By contrast, power demand had dropped 16% in the first seven days of the springtime lockdown, as reflected by the U.K.’s 10% daily decline reported then.

How power demand performs has significance outside the sector. It’s often seen as a proxy for economic growth and during lockdowns earlier this year, electricity use slumped along with GDP, and stunted hydro and nuclear output could further hobble recovery. For Western Europe, annual demand is expected to be 5% lower than the previous year, a bigger decline than after the global financial crisis in 2008, according to S&P Global Platts.

The Covid-19 limits are lighter than those from earlier in the year “with an explicit drive to preserve economic activity, particularly at the more energy-intensive industrial end of the spectrum,” said Glenn Rickson, head of European power analysis at S&P Global Platts.

Higher levels of working from home will offset some of the losses from shop and hospitality closures, “but also increase the temperature sensitivity of overall gas and power demand, as heat-driven demand records have shown in recent summers,” he said.

The latest wave of national lockdowns began in France, Germany, Spain, Italy and Britain, with Spain having seen April demand plummet earlier in the year, as coronavirus cases surged and officials struggled to keep the spread of the virus under control.

Much of the manufacturing industry remains working for now despite additional restrictions to contain the coronavirus. With the peak of the second wave yet to be reached, “it seems almost inevitable that the fourth quarter will prove economically challenging,” analysts at Alfa Energy said.

There will initially be significantly less of an impact on demand compared with this spring when global daily demand dipped about 15% and electricity consumption in Europe was down 30%, Johan Sigvardsson, power price analyst at Swedish utility Bixia AB said.

The prevalence of electric heating systems in France means that power demand is particularly sensitive to cold weather. A cold spell would significantly boost demand and drive record electricity prices in tight markets.

Similar to the last round of shutdowns, it’s use of coal that will probably be hit first if power demand sags, as transition-focused responses gather pace, leaving natural gas mostly shielded from fluctuations in the market.

“We expect that another drop in power demand would again impact coal-fired generation and shield gas power to some extent,” said Carlos Torres Diaz, an analyst at Rystad Energy.

 

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Demise of nuclear plant plans ‘devastating’ to Welsh economy, MP claims

Wylfa Nuclear Project Cancellation reflects Hitachi's withdrawal, pulling £16bn from North Wales, risking jobs, reshaping UK nuclear power plans as renewables grow and Chinese involvement rises amid shifting energy market policies.

 

Key Points

An indefinite halt to Hitachi's Wylfa Newydd nuclear plant, removing about £16bn investment and jobs from North Wales.

✅ Hitachi withdraws funding amid changing energy market costs

✅ Puts 400 local roles and up to 10,000 construction jobs at risk

✅ UK shifts toward renewables as nuclear project support stalls

 

Chris Ruane said Japanese firm Hitachi’s announcement this morning about the Wylfa project would take £16 billion of investment out of the region.

He said it was the latest in a list of energy projects which had been scrapped as he responded to a statement from business secretary Greg Clark.

Mr Ruane, the Labour member for the Vale of Clywd, said: “In his statement he said the Government are relying now more on renewables, can I put the North Wales picture to him; 1,500 wind turbines were planned off the coast of North Wales. They were removed, those plans were cancelled by the private sector.

“The tidal lagoons for Wales were key to the development of the Welsh economy – the Government itself pulled the support for the Swansea Bay tidal lagoon. That had a knock-on effect for the huge lagoon planned off the coast of North Wales.

“And now today we hear of the cancellation of a £16 billion investment in the North Wales economy. This will devastate the North Wales economy. The people of North Wales need to know that the Prime Minister is batting for them and batting for the UK.”

Mr Clark blamed the changing landscape of the energy market for today’s announcement, and said Wales has been a “substantial and proud leader” in renewable energy during the UK’s green industrial revolution over recent years.

But another Labour MP from North Wales, Albert Owen, of Ynys Mon, said the Wylfa plant’s cancellation in his constituency is putting 400 jobs at risk, as well as the “potential of 8-10,000 construction jobs”, as well as hundreds of operational jobs and 33 apprenticeships.

He asked Mr Clark: “Can I say straightly can we work together to keep this project alive, to ensure that we create the momentum so it can be ready for a future developer or this developer with the right mechanism?”

The minister replied that he and his officials would “work together in a completely open-book way on the options” to try and salvage the project.

But in the Lords, Labour former security minister Lord West of Spithead said the UK’s nuclear industry was in crisis, noting that Europe is losing nuclear power as well.

“In the 1950s our nation led the world in nuclear power generation and decisions by successive governments, of all hues, have got us in the position today where we cannot even construct a large civil nuclear reaction,” he told peers at question time.

Lord West asked: “Are we content that now the only player seems to be Chinese and that by 2035… we are happy for the Chinese to control one third of the energy supply of our nation?”

Business, Energy and Industrial Strategy minister Lord Henley said the Government had hoped for a better announcement from Hitachi but that was not the case.

He said costs in the nuclear sector were rising, amid setbacks at Hinkley Point C, while costs for many renewables were coming down and this was one of the reasons for the problem.

Tory former energy secretary Lord Howell of Guildford said the Chinese were in “pole position” for the rebuilding and replacement “of our nuclear fleet” and this would have a major impact on UK energy policy and plans to meet net zero targets in the 2030s.

Plaid Cymru’s Lord Wigley warned that putting the Wylfa Newydd on indefinite hold would cause economic planning blight in north-west Wales and urged the Government to raise the level of support allocated to the region.

Lord Henley acknowledged the announcement was not welcome but added: “We remain committed to nuclear power. We will look to see what we can do. We still have a great deal of expertise in this country and we can work on that.”

 

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By Land and Sea, Clean Electricity Needs to Lead the Way

Martha's Vineyard 100% Renewable Energy advances electrification across EVs, heat pumps, distributed solar, offshore wind, microgrids, and battery storage, cutting emissions, boosting efficiency, and strengthening grid resilience for storms and sea-level rise.

 

Key Points

It is an islandwide plan to electrify transport and buildings using wind, solar, storage, and a modern resilient grid.

✅ Electrify transport: EV adoption and SSA hybrid-electric ferries.

✅ Deploy heat pumps for efficient heating and cooling in buildings.

✅ Modernize the grid: distributed solar, batteries, microgrids, VPP.

 

Over the past year, it has become increasingly clear that climate change is accelerating. Here in coastal New England, annual temperatures and precipitation have risen more quickly than expected, tidal flooding is now commonplace, and storms have increased in frequency and intensity. The window for avoiding the worst consequences of a climate-changed planet is closing.

At their recent special town meeting, Oak Bluffs citizens voted to approve the 100 per cent renewable Martha’s Vineyard warrant article; now, all six towns have adopted the same goals for fossil fuel reduction and green electricity over the next two decades. Establishing these targets for the adoption of renewable energy, though, is only an initial step. Town and regional master plans for energy transformation are being developed, but this is a whole-community effort as well. Now is the time for action.

There is much to do to combat climate change, but our most important task is to transition our energy system from one heavily dependent on fossil fuels to one that is based on clean electricity. The good news is that this can be accomplished with currently available technology, and can be done in an economically efficient manner.

Electrification not only significantly lowers greenhouse gas emissions, but also is a powerful energy efficiency measure. So even though our detailed Island energy model indicates that eliminating all (or almost all) fossil fuel use will mean our electricity use will more than double, posing challenges for state power grids in some regions, our overall annual energy consumption will be significantly lower.

So what do we specifically need to do?

The primary targets for electrification are transportation (roughly 60 peer cent of current fossil fuel use on Martha’s Vineyard) and building heating and cooling (40 per cent).

Over the past two years, the increase in the number of electric vehicle models available across a wide range of price points has been remarkable — sedans, SUVs, crossovers, pickup trucks, even transit vans. When rebates and tax credits are considered, they are affordable. Range anxiety is being addressed both by increases in vehicle performance and the growing availability of charging locations (other than at home, which will be the predominant place for Islanders to refuel) and, over time, enable vehicle-to-grid support for our local system. An EV purchase should be something everyone should seriously consider when replacing a current fossil vehicle.

The elephant in the transportation sector room is the Steamship Authority. The SSA today uses roughly 10 per cent of the fossil fuel attributable to Martha’s Vineyard, largely but not totally in the ferries. The technology needed for fully electric short-haul vessels has been under development in Scandinavia for a number of years and fully electric ferries are in operation there. A conservative approach for the SSA would be to design new boats to be hybrid diesel-electric, retrofittable to plug-in hybrids to allow for shoreside charging infrastructure to be planned and deployed. Plug-in hybrid propulsion could result in a significant reduction in emissions — perhaps as much as 95 per cent, per the long-range plan for the Washington State ferries. While the SSA has contracted for an alternative fuel study for its next boat, given the long life of the vessels, an electrification master plan is needed soon.

For building heating and cooling, the answer for electrification is heat pumps, both for new construction and retrofits. These devices move heat from outside to inside (in the winter) or inside to outside (summer), and are increasingly integrated into connected home energy systems for smarter control. They are also remarkably efficient (at least three times more efficient than burning oil or propane), and today’s technology allows their operation even in sub-zero outside temperatures. Energy costs for electric heating via heat pumps on the Vineyard are significantly below either oil or propane, and up-front costs are comparable for new construction. For new construction and when replacing an existing system, heat pumps are the smart choice, and air conditioning for the increasingly hot summers comes with the package.

A frequent objection to electrification is that fossil-fueled generation emits greenhouse gases — thus a so-called green grid is required in order to meet our targets. The renewable energy fraction of our grid-supplied electricity is today about 30 per cent; by 2030, under current legislation that fraction will reach 54 per cent, and by 2040, 77 per cent. Proposed legislation will bring us even closer to our 2040 goals. The Vineyard Wind project will strongly contribute to the greening of our electricity supply, and our local solar generation (almost 10 per cent of our overall electricity use at this point) is non-negligible.

A final important facet of our energy system transformation is resilience. We are dependent today on our electricity supply, and this dependence will grow. As we navigate the challenges of climate change, with increasingly more frequent and more serious storms, 2021 electricity lessons underscore that resilience of electricity supply is of paramount importance. In many ways, today’s electricity distribution system is basically the same approach developed by Edison in the late 19th century. In partnership with our electric utility, we need to modernize the grid to achieve our resiliency goals.

While the full scope of this modernization effort is still being developed, the outline is clear. First, we need to increase the amount of energy generated on-Island — to perhaps 25 per cent of our total electricity use. This will be via distributed energy resources (in the form of distributed solar and battery installations as well as community solar projects) and the application of advanced grid control systems. For emergency critical needs, the concept of local microgrids that are detachable from the main grid when that grid suffers an outage are an approach that is technically sound and being deployed elsewhere. Grid coordination of distributed resources by the utility allows for handling of peak power demand; in the early 2030s this could result in what is known as a virtual power plant on the Island.

The adoption of the 100 renewable Martha’s Vineyard warrant articles is an important milestone for our community. While the global and national efforts in the climate crisis may sometimes seem fraught, we can take some considerable pride in what we have accomplished so far and will accomplish in coming years. As with many change efforts, the old catch-phrase applies: think globally, act locally.
 

 

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International Atomic Energy Agency agency commends China's nuclear security

IAEA Nuclear Security Mission in China reviews regulatory frameworks, physical protection, and compliance at nuclear power plants, endorsing CAEA efforts, IPPAS guidance, and capacity building to strengthen safeguards, risk management, and global cooperation.

 

Key Points

An IAEA advisory visit assessing China's nuclear security, physical protection, and regulatory frameworks.

✅ Reviews laws, regulations, and physical protection measures

✅ Endorses CAEA, COE, and IPPAS-aligned best practices

✅ Recommends accelerated rulemaking for expanding reactors

 

The International Atomic Energy Agency commended China's efforts and accomplishments in nuclear security after conducting its first nuclear security advisory mission to the nation, according to the China Atomic Energy Authority.

The two-week International Physical Protection Advisory Service mission, from Aug 28to Saturday, reviewed the legislative and regulatory framework for nuclear security as well as the physical protection of nuclear material and facilities, including worker safety protocols during health emergencies.

An eight-member expert team led by Joseph Sandoval of the United States' Sandia National Laboratories visited Fangjiashan Nuclear Power Plant, part of the Qinshan Nuclear Power Station in Zhejiang province, to examine security arrangements and observe physical protection measures, where recognized safety culture practices can reinforce performance.

The experts also met with officials from several Chinese government bodies involved in nuclear security such as the China Atomic Energy Authority, National Nuclear Safety Administration and Ministry of Public Security.

The international agency has carried out 78 of the protection missions in 48 member states since 1995. This was the first in China, it said.

The China Atomic Energy Authority said on Tuesday that a report by the experts highly approves of the Chinese government's continuous efforts to strengthen nuclear safety, to boost the sustainable development of the nuclear power industry and to help establish a global nuclear security system.

The report identifies the positive roles played by the State Nuclear Security Technology Center and its subsidiary, the Center of Excellence on Nuclear Security, in enhancing China's nuclear security capability and supporting regional and global cooperation in the field, such as bilateral cooperation agreements that advance research and standards, officials at the China Atomic Energy Authority said.

"A strong commitment to nuclear security is a must for any state that uses nuclear power for electricity generation and that is planning to significantly expand this capacity by constructing new power reactors," said Muhammad Khaliq, head of the international agency's nuclear security of materials and facilities section. "China'sexample in applying IAEA nuclear security guidance and using IAEA advisory services demonstrates its strong commitment to nuclear security and its enhancement worldwide."

The report notes that along with the rapid growth of China's nuclear power sector, challenges have emerged when it comes to the country's nuclear security mechanism and management, as highlighted by grid reliability warnings during pandemics in other markets.

It suggests that the Chinese government accelerate the making of laws and regulations to better govern this sector.

Deng Ge, director of the State Nuclear Security Technology Center, said the IAEAmission would help China strengthen its nuclear security since the nation could learn from other countries' successful experience, including on-site staffing measures to maintain critical operations, and find out its weaknesses for rectification.

Deng added that the mission's report can help the international community understand China's contributions to the global nuclear security system and also offer China's best practices to other nations.

 

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ERCOT Issues RFP to Procure Capacity to Alleviate Winter Concerns

ERCOT Winter Capacity RFP seeks up to 3,000 MW through generation and demand response to bolster Texas grid reliability during peak load, leveraging Reliability Must-Run, incentive factors, and EEA risk mitigation for the 2023-24 season.

 

Key Points

An ERCOT initiative to procure 3,000 MW of generation and demand response to reduce EEA risk and improve reliability.

✅ Targets 3,000 MW from generation and demand response

✅ Uses RMR-style contracts with flexible incentive factors

✅ Aims to lower EEA probability below 10% this winter

 

The Electric Reliability Council of Texas (ERCOT) issued a request for proposals to stakeholders to procure up to 3,000 MW of generation or demand response capacity to meet load and reserve requirements during the winter 2023-24 peak load season (Dec. 1, 2023, through Feb. 29, 2024), amid ongoing Texas power grid challenges across the region.

ERCOT cited “several factors, including significant peak load growth since last winter, recent and proposed retirements of dispatchable Generation Resources, and recent extreme winter weather events, including Winter Storm Elliott in December 2022, Winter Storm Uri in February 2021, and the 2018 and 2011 winter storms, each of which resulted in abnormally high demand during winter weather.” It now seeks additional capacity under its “authority to prevent an anticipated Emergency Condition,” reflecting nationwide blackout risks identified by grid experts.

In its notice regarding the RFP, ERCOT identified a number of mothballed and recently decommissioned generation resources that may be eligible to offer capacity under the RFP. It further stated that offers must comport with the format of its “Reliability Must-Run” agreement but could include a proposed “Incentive Factor” that reflects the revenues the unit owners determine would be necessary to bring the unit back to operation. It added that the Incentive Factor is not necessarily limited to 10%. Providers of eligible demand response can submit offers based on similar principles that are not necessarily constrained by cost. The notice identifies potential acceptable sources of demand response, describes certain parameters for the kinds of demand response that are permitted to respond to the RFP, and outlines the time periods during which ERCOT must be able to deploy the demand response resources to improve electricity reliability across the system.

To meet the Dec. 1, 2023, service start date, ERCOT developed an aggressive timeline to solicit and evaluate proposals through the RFP. Responses to the RFP are due Nov. 6, 2023. ERCOT’s schedule provides that it will notify market participants that obtain awards on Nov. 23, 2023. Expect contracts to be executed by Nov. 30, 2023.

Unlike Regional Transmission Organizations in the Northeastern United States, ERCOT does not have a capacity market. Instead, ERCOT relies on a high price cap of $5,000 per MWh for its energy market (decreased from the $9,000 per MWh cap in effect during Winter Storm Uri) and an Operating Reserve Demand Curve adder that pays additional funds to generators supplying power and ancillary services, an area recently scrutinized for improper payments when supply conditions are tight. In the wake of Winter Storm Uri, some calls were made to have ERCOT adopt a capacity market for reliability reasons, and a number of legal battles continue to play out in the wake of Winter Storm Uri. (See recent McGuireWoods legal alert “Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas.”) Though a capacity market was not adopted, the Texas Legislature approved a $7.2 billion loan program, widely described as an electricity market bailout for generators, to build up to 10,000 MW of dispatchable generation. The legislature also approved a version of the Public Utility Commission of Texas’ proposal to establish a “Performance Credit Mechanism,” but with a cost cap of $1 billion.

The loss of life and economic impacts of Winter Storm Uri in 2021, along with the energy crunches and calls for conservation this past summer, are driving changes to ERCOT’s “energy-only” market, including electricity market reforms under consideration. Texas policymakers are providing multiple financial incentives to promote investment in dispatchable on-demand generation, and voters will consider funding to modernize generation measures this year to make the Texas grid more reliable and able to deal with power demand from a growing economy and increased demand for electricity driven by weather. In the meantime, ERCOT’s plan to procure 3,000 MW through this RFP process is a stopgap measure intended to bolster reliability for the upcoming winter season and lower the probability of load shed in the event of severe winter weather.

 

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