Kansas responds to Sunflower lawsuit

By Associated Press


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Attorney General Steve Six's office is asking a federal court to dismiss Sunflower Electric Power Corp.'s lawsuit against the state for denying an air quality permit it needs to build two coal-fired power plants in southwest Kansas.

Sunflower filed the lawsuit last month in U.S. District Court in Wichita, saying Health and Environment Secretary Rod Bremby's decision to deny the permit violated its right to equal protection and its right to conduct interstate commerce.

It asked U.S. District Judge Eric Melgren to set aside the denial order and issue an injunction to keep the state from considering CO2 emissions in any future proceedings on Sunflower's application. No hearing date has been set.

In its response, the attorney general's office said the federal court lacks jurisdiction in the case because there's an ongoing appeal with Office of Administrative Hearings. There's also a pending case in the Kansas Supreme Court, which has postponed any action until the OAH rules.

Sunflower's lawsuit was the latest in an ongoing battle with the state over the October 2007 decision by Bremby, who cited potential carbon dioxide emissions and global warming for denying the permit. Many scientists link man-made greenhouse gas emissions to global warming.

"Even a cursory analysis of plaintiff's requested relief indicates this case constitutes nothing more than plaintiff's most recent attempt to achieve judicial review of the secretary's denial order prior to the OAH and Kansas Supreme Court completing their ongoing proceedings and the secretary issuing a final order," Six's motion said.

The motion also said both proceedings deal with the Kansas environment and its pollution permitting process "which are important state interests that, as a matter of law, are exclusively assigned to the KDHE."

KDHE spokeswoman Maggie Thompson said the agency doesn't comment on pending litigation.

"We believe the ratepayers of central and western Kansas have not received equal treatment under the law and have been denied the opportunity to benefit from interstate commerce," Clare Gustin, Sunflower vice president, said.

Gustin said Sunflower is committed to developing the power plants at Holcomb in Finney County to bring "low cost, reliable power to central and western Kansas."

In September 2007, the attorney general's office told Bremby he had the authority to deny the permit to protect the health of people or environment, even though there's no state or federal regulations setting limits for CO2 emissions.

Environmentalists opposed the $3.6 billion plants, but there was bipartisan support because many legislators, especially those from western Kansas, viewed it as economic development.

The Legislature tried three times this year to overturn Bremby's decision and allow the Hays-based Sunflower to build the plants. Each bill was vetoed by Gov. Kathleen Sebelius and legislators didn't have the votes to override her veto.

Sebelius and Lt. Gov. Mark Parkinson, along with Bremby, were named in Sunflower's lawsuit. The state's motion asks the court to remove Sebelius and Parkinson as defendants because they don't have the authority to act on Sunflower's application.

Sunflower wants to sell about 86 percent of the new power to two out-of-state electric cooperatives that are helping finance the project. They are Tri-State Generation and Transmission Association Inc. of Westminster, Colo., and Golden Spread Electric Cooperative, in Amarillo, Texas.

The new generating capacity, totaling 1,400 megawatts, would be enough to meet the peak demands of 700,000 households, according to one state estimate. Sunflower and a sister utility, Midwest Energy Inc., serve about 400,000 customers in 55 Kansas counties.

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Energy freedom and solar’s strategy for the South

South Carolina Energy Freedom Act lifts net metering caps, reforms PURPA, and overhauls utility planning to boost solar competition, grid resiliency, and consumer choice across the Southeast amid Santee Cooper debt and utility monopoly pressure.

 

Key Points

A bipartisan reform lifting net metering caps, modernizing PURPA, and updating utility planning to expand solar.

✅ Lifts net metering cap to accelerate rooftop and community solar.

✅ Reforms PURPA contracts to enable fair pricing and transparent procurement.

✅ Modernizes utility IRP and opens markets to competition and customer choice.

 

The South Carolina House has approved the latest version of the Energy Freedom Act, a bill that overhauls the state’s electricity policies, including lifting the net metering caps and reforming PURPA implementation and utility planning processes in a way that advocates say levels the playing field for solar at all scales.

With Governor Henry McMaster (R) expected to sign the bill shortly, this is a major coup not just for solar in the state, but the region. This is particularly notable given the struggle that solar has had just to gain footing in many parts of the South, which is dominated by powerful utility monopolies and conservative politicians.

Two days ago when the bill passed the Senate we covered the details of the policy, but today we’re going to take a look at the politics of getting the Energy Freedom Act passed, and what this means for other Southern states and “red” states.

 

Opportunity amid crisis

The first thing to note about this bill is that it comes within a crisis in South Carolina’s electricity sector. This was the first legislative session following state-run utility Santee Cooper’s formal abandonment of a project to build two new reactors at the Virgil C. Sumner nuclear power plant, on which work stopped nearly two years ago.

Santee Cooper still holds $4 billion in construction debt related to the nuclear projects. According to an article in The State, this is costing its customers $5 per month toward the current debt, and this will rise to $13 per month for the next 40 years.

Such costs are particularly unwelcome in South Carolina, which has the highest annual electricity bills in the nation due to a combination of very high electricity usage driven by widespread air conditioning during the hot summers and higher prices per unit of power than other Southern states.

Following this fiasco, Santee Cooper’s CEO has stepped down, and the state government is currently considering selling the utility to a private entity. According to Maggie Clark, southeast state affairs senior manager for Solar Energy Industries Association, all of this set the stage for the bill that passed today.

“South Carolina is in a really ripe state for transformational energy policy in the wake of the VC Sumner nuclear plant cancellation,” Clark told pv magazine. “They were looking for a way forward, and I think this bill really provided them something to champion.”

 

Renewable energy policy for red states

This major win for solar policy comes in a state where the Republican Party holds majorities in both houses of the state’s legislature and sends bills to a Republican governor.

Broadly speaking, Republican politicians seldom show the level of interest in supporting renewable energy that Democrats do either at the state or national level, and show even less inclination to act to address greenhouse gas emissions. In fact, the 100% clean energy mandates that are being implemented in four states and Washington D.C. have only passed with Democratic trifectas, in other words with Republicans controlling neither house of the state legislature nor the governor’s office. (Note: This does not apply to Puerto Rico, which has a different party structure to the rest of the United States)

However, South Carolina shows there are Republican politicians who will support pro-renewable energy policies, and circumstances under which Republican majorities will vote for legislation that aids the adoption of solar. And these specific circumstances speak to both different priorities and ideological differences between the two parties.

SEIA’s Maggie Clark emphasizes that the Energy Freedom Act was about reforming market rules. “This was a way to provide a program that did not provide subsidies or incentives in any way, but to really open the market to competition,” explains Clark. “I think that appealing to conservatives in the South about energy independence and resiliency and ultimately cost savings is the winning message on this issue.”

Such messaging in South Carolina is not an accident. Not only has such messaging been successful in the past, but coalition partner Vote Solar paid for polling to find what messages resounded with the state’s voters, and found that choice and competition were likely to resound.

And all of this happened in the context of what Clark describes as an “extremely well-resourced effort”, with SEIA in particular dedicating national attention and resources to the state – as part of an effort by President and CEO Abigail Hopper to shift attention more towards state-level policy. Maggie Clark is one of two new regional staff who Hopper has hired, and SEIA’s first staff member focused on Southern states.

“Absolutely the South is a prioritized region,” Hopper told pv magazine, noting that three Southern states – the Carolinas and Florida – are among the 12 states that the organization has identified to work on this year. “It became clear that as a region it needed more attention.”

SEIA is not expecting fly-by-night victories, and Hopper attributes the success in South Carolina not only to a broad coalition, but to years of work on the ground in the state.

Nor is SEIA the only organization to grow its presence in the region. Vote Solar now has two full time staff located in the South, whereas two years ago its sole staff member dedicated to the region was located in Washington D.C.

 

Ideology versus reality in the South

The Energy Freedom Act aligns with conservative ideas about small government and competition, but the American right is not monolithic, nor do political ideas and actions always line up neatly, as other successful policies in other states in the region show

By far the largest deployment of renewable energy in the nation has been in Texas, aside from in California which leads overall. Here a system of renewable energy zones in the sparsely populated but windy and sunny west, north and center of the state feed cities to the east with power from wind and more recently solar.

This was enabled by transmission lines whose cost was socialized among the state’s ratepayers – a tremendous irony given that the state’s politicians would be some of the last in the nation to want to be identified with socializing anything.

Another example is Louisiana, which saw a healthy residential solar market over the last decade due to a 50% state rebate. The policy has expired, but when operating it was exactly the sort of outright subsidy that right-wing media and politicians rail against.

Of course there is also North Carolina, which built the 2nd-largest solar market in the nation on the back of successful state-level implementation of PURPA, a federal law. Finally there is Virginia, where large-scale projects are booming following a 2018 law that found that 5 GW of solar is in the public interest.

Furthermore, while conservatives continually expound the virtues of the free market, the reality of the electricity sector in the “deep red” South is anything but that. The region missed out on the wave of deregulation in the 1990s, and remains dominated by monopoly utilities regulated by the state: a union of big business and big government where competition is non-existent.

This has also meant that the solar which has been deployed in the South is mostly not the kind of rooftop solar that many think of as embodying energy independence, but rather large-scale solar built in farms, fields and forests.

 

Where to from here?

With such contradictions between stated ideology and practice, it is less clear what makes for successful renewable energy policy in the South. However, opening up markets appears to be working not only in South Carolina, but also in Florida, where third-party solar companies are making inroads after the state’s voters rejected a well-funded and duplicitous utilities’ campaign to kill distributed solar.

SEIA’s Hopper says that she is “aggressively optimistic” about solar in Florida. As utilities have dominated large-solar deployment in the state, even as the state declined federal solar incentives earlier this year, she says that she sees opening up the state’s booming utility-scale solar market to competition as a priority.

Some parts of the region may be harder than others, and it is notable that SEIA has not had as much to say about Alabama, Mississippi or Louisiana, which are largely controlled by utility giants Southern Company and Entergy, or the area under the thumb of the Tennessee Valley Authority, one of the most anti-solar entities in the power sector.

Abby Hopper says ultimately, demand from customers – both individuals and corporations – is the key to transforming policy. “You replicate these victories by customer demand,” Hopper told pv magazine. “That combination of voices from the customer are what’s going to drive change.”

 

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Quebec shatters record for electricity consumption once again

Hydro Quebec Power Consumption Record surges amid extreme cold, peak demand, and grid stress, as Hydro-Quebec urges energy conservation, load management, and reduced heating during morning and evening peaks across Montreal and southern Quebec.

 

Key Points

Quebec's grid hit 40,300 MW during an extreme cold snap, setting a new record and prompting conservation appeals.

✅ Lower thermostats 1-2 C in unused rooms during peak hours

✅ Delay dishwashers, dryers, and hot water use to off-peak

✅ Peak windows: 6-9 a.m. and 4-8 p.m.; import power if needed

 

Hydro Quebec says it has once again set a new record for power consumption, echoing record-breaking demand in B.C. in 2021 as extreme cold grips much of the province.

An extreme cold warning has been in effect across southern Quebec since Friday morning, straining the system, just as Calgary's electricity use soared during a frigid February, as Quebecers juggle staying warm and working from home.

Hydro Québec recorded consumption levels reaching 40,300 megawatts as of 8 a.m. Friday, breaking a previous record of 39,000 MW (with B.C. electricity demand hit an all-time high during a similar cold snap) that was broken during another cold snap on Jan 11. 

The publicly owned utility is now asking Quebecers to reduce their electricity consumption as much as possible today and tomorrow, a move consistent with clean electricity goals under federal climate pledges, predicting earlier in the morning the province would again reach an all-time high.

Reducing heating by just one or two degrees, especially in rooms that aren't being used, is one step that people can take to limit their consumption. They can also avoid using large appliances like the dishwasher and clothing dryer as often, and shortening the use of hot water. 

"They're small actions, but across millions of clients, it makes a difference," said Cendrix Bouchard, a spokesperson with Hydro Québec, while speaking with Tout un matin.

"We understand that asking this may pose challenges for some who are home throughout the day because they are working remotely, but if people are able to contribute, we appreciate it."

The best time to try and limit electricity usage is in the morning and evening, when electricity usage tends to peak, Bouchard said.

The province can import electricity from other regions if Quebec's system reaches its limits, even as the utility pursues selling to the United States as part of its long-term strategy, he added.

Temperatures dropped to –24 C in Montreal at 7 a.m., with a wind chill of –29 C. 

It will get colder across the south of the province through the evening and wind chills are expected to make it feel as cold as – 40 until Saturday morning, Environment Canada warned.

Those spending time outdoors are at a higher risk of frostbite and hypothermia.

"Frostbite can develop within minutes on exposed skin, especially with wind chill," Environment Canada said.

Conserving energy
Hydro-Québec has signed up 160,000 clients to a flexible billing plan similar to BC Hydro's winter payment plan that allows them to pay less for energy — as long as they use it during non-peak periods.

Quebec's energy regulator, the Régie de l'énergie, also forces crypto-currency mining operations to shut down for some hours  on peak-demand days, a topic where BC Hydro's approach to crypto mining has also drawn attention, Bouchard said.

Hydro-Québec says the highest consumption periods are usually between 6 a.m.-9 a.m. and 4 p.m.-8 p.m.

 

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Mexican president's contentious electricity overhaul defeated in Congress

Mexico Energy Reform Defeat underscores opposition unity as CFE-first rules, state regulators, and lithium nationalization falter amid USMCA concerns, investment risks, and clean energy transition impacts in Congress over power generation policy.

 

Key Points

The failed push to expand CFE control, flagged for USMCA risks, higher costs, regulator shifts, and slower clean energy transition.

✅ Bill to mandate 54% CFE generation and priority dispatch failed.

✅ Opposition cited USMCA breaches, higher prices, slower clean energy.

✅ Lithium nationalization to return via separate legislation.

 

Mexican President Andres Manuel Lopez Obrador's plan to increase state control of power generation was defeated in parliament on Sunday, as opposition parties united in the face of a bill they said would hurt investment and breach international obligations, concerns mirrored by rulings such as the Florida court on electricity monopolies that scrutinize market concentration.

His National Regeneration Movement (MORENA) and its allies fell nearly 60 votes short of the two-thirds majority needed in the 500-seat lower house of Congress, mustering just 275 votes after a raucous session that lasted more than 12 hours.

Seeking to roll back previous constitutional reforms that liberalized the electricity market, Lopez Obrador's proposed changes would have done away with a requirement that state-owned Comision Federal de Electricidad (CFE) sell the cheapest electricity first, a move reminiscent of debates when energy groups warned on pricing changes under federal proposals, allowing it to sell its own electricity ahead of other power companies.

Under the bill, the CFE would also have been set to generate a minimum of 54% of the country's total electricity, and energy regulation would have been shifted from independent bodies to state regulators, paralleling concerns raised when a Calgary retailer opposed a market overhaul over regulatory impacts.

The contentious proposals faced much criticism from business groups and the United States, Mexico's top trade partner as well as other allies who argued it would violate the regional trade deal, the United States-Mexico-Canada Agreement (USMCA), even as the USA looks to Canada for green power to deepen cross-border energy ties.

Lopez Obrador had argued the bill would have protected consumers and made the country more energy independent, echoing how Texas weighs market reforms to avoid blackouts to bolster reliability, saying the legislation was vital to his plans to "transform" Mexico.

Although the odds were against his party, he came into the vote seeking to leverage his victory in last weekend's referendum on his leadership.

Speaking ahead of the vote, Jorge Alvarez Maynez, a lawmaker from the opposition Citizens' Movement party, said the proposals, if enacted, would damage Mexico, pointing to experiences like the Texas electricity market bailout after a severe winter storm as cautionary examples.

"There isn't a specialist, academic, environmentalist or activist with a smidgen of doubt - this bill would increase electricity prices, slow the transition to (clean) energy in our country and violate international agreements," he added.

Supporters of clean-energy goals noted that subnational shifts, such as the New Mexico 100% clean electricity bill can illustrate alternative pathways to reform.

The bill also contained a provision to nationalize lithium resources.

Lopez Obrador said this week that if the bill was defeated, he would send another bill to Congress on Monday aiming to have at least the lithium portion of the proposed legislation passed.

 

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Sub-Saharan Africa has a huge electricity problem - but with challenge comes opportunity

Sub-Saharan Africa Energy Access faces critical deficits; SDG7, clean energy finance, off-grid solar, and microgrids drive electrification for health, education, and economy amid World Bank and IEA efforts to expand reliable, affordable power.

 

Key Points

Reliable, affordable power in sub-Saharan Africa via renewables, off-grid solar, and SDG7-led electrification.

✅ SDG7 targets universal, modern energy access by 2030

✅ Off-grid solar and microgrids boost rural electrification

✅ Health, education, and business depend on reliable power

 

Sub-Saharan Africa has an electricity problem. While the world as a whole has made great strides when it comes to providing access to electricity and moving toward universal electricity access worldwide (the world average is now 90 per cent with access, up from 83 per cent in 2010), southern and western African states still lag far behind.

According to Tracking SDG7: The Energy Progress Report, produced by a consortium of organisations including the World Bank, the International Energy Agency and the World Health Organization, 759 million people were without electricity in 2019 and threequarters of them were based in sub-Saharan Africa. At just seven per cent, South Sudan had the lowest access figures; Chad, Burundi and Malawi were only marginally higher. What’s more, due to a combination of factors, the situation is getting worse. In total, the region’s access deficit increased from 556 million people in 2010 to 570 million people in 2019.

These days, being without electricity has an impact on every sphere of life. The Covid-19 pandemic only served to put this into sharper relief. Intermittent electricity meant vaccination doses that rely on cold storage were impossible to deliver and, as more than 70 per cent of the health facilities in sub-Saharan Africa have no access to reliable electricity, the problem was vast. But even without a global pandemic, having no power stymies opportunity in every field, from education to economics.

French photojournalist Pascal Maitre, who has spent much of his career writing about sub-Saharan Africa, wanted to document the problems faced by people in areas with no electricity. He thought particularly carefully about the location for his project. ‘First, I was thinking I could take images in the Democratic Republic of the Congo,’ he says. ‘But then I thought that if you chose a place that has war, it’s logical that electricity won’t really work. So, instead, I wanted to find a place that is quite stable. I decided to go to Benin, where they have a democracy. It is a good example of a country that’s not in really bad shape but where they still have this problem. Also, I didn’t want to go to a place that is very remote, where it is normal not to have good service. So I decided to go to a place around 50 kilometres from the capital that you can get to by road.’

Maitre visited several villages in the region, as well as making trips to Chad and Senegal, and encountered the full range of limitations engendered by the power shortage. From teachers struggling to conduct lessons in the dark to midwives forced to work with only the weak light from a phone, the situation was clearly unacceptable. ‘People were very, very, very upset,’ he says. ‘I conducted a lot of interviews in different villages and lack of electricity touches education, economy, business, security and also emigration, because people have to move to big cities or maybe to Europe to get jobs.’

Where once the situation might have been accepted as the norm, people today are fully aware of the ways in which they are held back by the lack of power. As Maitre remembers: ‘A guy said to me one day, “Do you think it is normal that last time my wife delivered a baby, the midwife had to hold her phone between her teeth in order to see what she was doing?” You feel very frustrated.’ He adds that the fact that most people now have mobile phones only highlights the hardship. ‘Before, maybe it was not so frustrating. But now, most of these people have cellphones. The cellphone company puts antennae everywhere so the phones work, but people cannot recharge their phones. They have to go to the market, where someone will come with a generator to recharge.’

Governments and global organisations are very aware of the problem across the world as a whole. Sustainable Development Goal 7 (SDG7) – one of the 17 goals set out in 2015 by the United Nations General Assembly – was designed to ensure universal access to affordable, reliable, sustainable and modern energy by 2030, underscoring the push for clean, affordable and sustainable electricity for all by 2030. As part of this goal, international financial flows to developing countries in support of clean energy reached US$17 billion in 2018. As a result, some areas have seen huge improvement. According to the Energy Progress Report, in Latin America and the Caribbean, and in Eastern and South-Eastern Asia, the advance of electrification has been enough to approach universal access. By 2019, in Western Asia and North Africa, and Central and South Asia, 94 and 95 per cent of the population respectively had access to electricity.

But these statistics only serve to emphasise just how bad the situation is in sub-Saharan Africa, where electricity systems are unlikely to go green this decade according to several analyses. As the report states: ‘While renewable energy has demonstrated remarkable resilience during the pandemic, the unfortunate fact is that gains in energy access throughout Africa are being reversed: the number of people lacking access to electricity is set to increase in 2020, making basic electricity services unaffordable for up to 30 million people who had previously enjoyed access.’

The small silver lining is that if the situation is dealt with properly, the region could build a renewable-energy system from the ground up, rather than having to undergo the costly and complex transitions underway in developed countries. In rural areas, small-scale or off-grid renewable systems (mostly solar) are expected to play an important role, as highlighted by a recent IRENA report on decarbonisation, in increasing access. In fact, solar panels are already used in many areas. In 2019, 105 million people had access to off-grid solar solutions, up from 85 million in 2016, and almost half lived in sub-Saharan Africa, with 17 million in Kenya and eight million in Ethiopia.

Rachel Kyte is currently serving as the 14th dean of the Fletcher School at Tufts University in the USA, but her CV is long. She was previously CEO of the UN-affiliated Sustainable Energy for All (SeforALL), as well as the World Bank Group vice president and special envoy for climate change, leading the run-up to the Paris Agreement. According to her, a focus on renewables is absolutely essential, both for wider efforts to tackle climate change, with some advocating a fossil fuel lockdown to drive a climate revolution, but also for the people of sub-Saharan Africa. ‘The fossil fuel industry has said it will just extend the centralised fossil-fuel power systems that we have today to reach these people,’ she says.

 

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More Polar Vortex 2021 Fallout (and Texas Two-Step): Monitor For ERCOT Identifies Improper Payments For Ancillary Services

ERCOT Ancillary Services Clawback and VOLL Pricing summarize PUCT and IMM actions on load shed, real-time pricing adders, clawbacks, and settlement corrections after the 2021 winter storm in the Texas power grid market.

 

Key Points

Policies addressing clawbacks for unprovided AS and correcting VOLL-based price adders after load shed ended in ERCOT.

✅ PUCT ordered clawbacks for ancillary services not delivered.

✅ IMM urged price correction after firm load shed ceased.

✅ ERCOT's VOLL adder raised costs by $16B during 32 hours.

 

Potomac Economics, the Independent Market Monitor (IMM) for the Electric Reliability Council of Texas (ERCOT), filed a report with the Public Utility Commission of Texas (PUCT) that certain payments were made by ERCOT for Ancillary Services (AS) that were not provided, even as ERCOT later issued a winter reliability RFP to procure capacity during subsequent seasons.

According to the IMM (emphasis added):

There were a number of instances during the operating days outlined above in which AS was not provided in real time because of forced outages or derations. For market participants that are not able to meet their AS responsibility, typically the ERCOT operator marks the short amount in the software. This causes the AS responsibility to be effectively removed and the day-ahead AS payment to be clawed back in settlement. However, the ERCOT operators did not complete this task during the winter event, echoing issues like the Ontario IESO phantom demand that cost customers millions, and therefore the "failure to provide" settlements were not invoked in real time.

Removing the operator intervention step and automating the "failure to provide" settlement was contemplated in NPRR947: Clarification to Ancillary Service Supply Responsibility Definition and Improvements to Determining and Charging for Ancillary Service Failed Quantities; however, the NPRR was withdrawn in August 2020 amid ongoing market reform discussions because of the system cost, some complexities related to AS trades, and the implementation of real-time co-optimization.

Invoking the "failure to provide" settlement for all AS that market participants failed to provide during the operating days outlined above will produce market outcomes and settlements consistent with underlying market principles. In this case, the principle is that market participants should not be paid for services that they do not provide, even as a separate ruling found power plants exempt from providing electricity in emergencies under Texas law, underscoring the distinction between obligations and settlements. Whether ERCOT marked the short amount in real-time or not should not affect the settlement of these ancillary services.

On March 3, 2021, the PUCT ordered (a related press release is here) that:

ERCOT shall claw back all payments for ancillary service that were made to an entity that did not provide its required ancillary service during real time on ERCOT operating days starting February 14, 2021 and ending on February 19,2021.

On March 4, 2021, the IMM filed another report and recommended that:

the [PUCT] direct ERCOT to correct the real-time prices from 0:00 February 18,2021, to 09:00 February 19, 2021, to remove the inappropriate pricing intervention that occurred during that time period.

The IMM approvingly noted the PUCT's February 15, 2021 order, which mandated that real-time energy prices reflect firm load shed by setting prices at the value of lost load (VOLL).1

According to the IMM (emphasis added):

This is essential in an energy-only market, like ERCOT's, where the Texas power grid faces recurring crisis risks, because it provides efficient economic signals to increase the electric generation needed to restore the load and service it reliably over the long term.

Conversely, it is equally important that prices not reflect VOLL when the system is not in shortage and load is being served, and experiences in capacity markets show auction payouts can fall sharply under different conditions. The Commission recognized this principle in its Order, expressly stating it is only ERCOT's out-of-market shedding firm load that is required to be reflected in prices. Unfortunately, ERCOT exceeded the mandate of the Commission by continuing to set process at VOLL long after it ceased the firm load shed.

ERCOT recalled the last of the firm load shed instructions at 23:55 on February 17, 2021. Therefore, in order to comply with the Commission Order, the pricing intervention that raised prices to VOLL should have ended immediately at that time. However, ERCOT continued to hold prices at VOLL by inflating the Real-Time On-Line Reliability Deployment Price Adder for an additional 32 hours through the morning of February 19. This decision resulted in $16 billion in additional costs to ERCOT's market, prompting legislative bailout proposals in Austin, of which roughly $1.5 billion was uplifted to load-serving entities to provide make-whole payments to generators for energy that was not needed or produced.

However, at its March 5, 2021, open meeting (related discussion begins around minute 20), although the PUCT acknowledged the "good points" raised by the IMM, the PUCT was not willing to retrospectively adjust its real-time pricing for this period out of concerns that some related transactions (ICE futures and others) may have already settled and for unintended consequences of such retroactive adjustments.  

 

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Frustration Mounts as Houston's Power Outage Extends

Houston Power Outage Heatwave intensifies a prolonged blackout, straining the grid and infrastructure resilience; emergency response, cooling centers, and power restoration efforts race to protect vulnerable residents amid extreme temperatures and climate risks.

 

Key Points

A multi-day blackout and heatwave straining Houston's grid, limiting cooling, and prompting emergency response.

✅ Fourth day without power amid dangerous heat

✅ Grid failures expose infrastructure vulnerabilities

✅ Cooling centers, aid groups support vulnerable residents

 

Houston is enduring significant frustration and hardship as a power outage stretches into its fourth day amid a sweltering heatwave. The extended blackout has exacerbated the challenges faced by residents in one of the nation’s largest and most dynamic cities, underscoring the critical need for reliable infrastructure and effective emergency response systems.

The power outage began early in the week, coinciding with a severe heatwave that has driven temperatures to dangerous levels. With the city experiencing some of the highest temperatures of the year, the lack of electricity has left residents without essential cooling, contributing to widespread discomfort and health risks. The heatwave has placed an added strain on Houston's already overburdened power grid, which has struggled to cope with the soaring demand for air conditioning and cooling.

The prolonged outage has led to escalating frustration among residents. Many households are grappling with sweltering indoor temperatures, leading to uncomfortable living conditions and concerns about the impact on vulnerable populations, including the elderly, young children, and individuals with pre-existing health conditions. The lack of power has also disrupted daily routines, as morning routine disruptions in London demonstrate, including access to refrigeration for food, which has led to spoilage and further complications.

Emergency services and utility companies have been working around the clock to restore power, but progress has been slow, echoing how Texas utilities struggled to restore power during Hurricane Harvey, as crews contended with access constraints. The complexity of the situation, combined with the high demand for repairs and the challenging weather conditions, has made it difficult to address the widespread outages efficiently. As the days pass, the situation has become increasingly dire, with residents growing more impatient and anxious about when they might see a resolution.

Local officials and utility providers have been actively communicating with the public, providing updates on the status of repairs and efforts to restore power. However, the communication has not always been timely or clear, leading to further frustration among those affected. The sense of uncertainty and lack of reliable information has compounded the difficulties faced by residents, who are left to manage the impacts of the outage with limited guidance.

The situation has also raised questions about the resilience of Houston’s power infrastructure. The outage has highlighted vulnerabilities in the city's energy grid, similar to how a recent windstorm caused significant outages elsewhere, which has faced previous challenges but has not experienced an extended failure of this magnitude in recent years. The inability of the grid to withstand the extreme heat and maintain service during a critical time underscores the need for infrastructure improvements and upgrades to better handle similar situations in the future.

In response to the crisis, community organizations and local businesses have stepped up to provide support to those in need, much like Toronto's cleanup after severe flooding mobilized volunteers and services, in order to aid affected residents. Cooling centers have been established to offer relief from the heat, providing a respite for individuals who are struggling to stay cool at home. Additionally, local food banks and charitable organizations are distributing essential supplies to those affected by food spoilage and other challenges caused by the power outage.

The power outage and heatwave have also sparked broader discussions about climate resilience and preparedness. Extreme weather events and prolonged heatwaves are becoming increasingly common due to climate change, as strong winds knocked out power across the Miami Valley recently, raising concerns about how cities and infrastructure systems can adapt to these new realities. The current situation in Houston serves as a stark reminder of the importance of investing in resilient infrastructure and developing comprehensive emergency response plans to mitigate the impacts of such events.

As the outage continues, there is a growing call for improved strategies to manage power grid failures, with examples like the North Seattle outage affecting 13,000 underscoring the need, and better support for residents during crises. Advocates are urging for a reevaluation of emergency response protocols, increased investment in infrastructure upgrades, and enhanced communication systems to ensure that the public receives timely and accurate information during emergencies.

In summary, Houston's power outage, now extending into its fourth day amid extreme heat, has caused significant frustration and hardship for residents. The prolonged disruption has underscored the need for more resilient energy infrastructure, as seen when power outages persisted for hundreds in Toronto, and effective emergency response measures. With temperatures soaring and the situation continuing to unfold, the city faces a critical challenge in restoring power, managing the impacts on its residents, and preparing for future emergencies. The crisis highlights broader issues related to infrastructure resilience and climate adaptation, emphasizing the need for comprehensive strategies to address and mitigate the effects of extreme weather events.

 

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