Mexico Prices Fall Most in Four Decades as Electricity, Food Lead Declines

Texas Blackout Liability Ruling clarifies appellate court findings in Houston, citing deregulated energy markets, ERCOT immunity, wholesale generators, retail providers, and 2021 winter storm lawsuits over grid failures and wrongful deaths.

Key Points

Houston judges held wholesale generators owe no duty to retail customers, limiting liability for 2021 blackout lawsuits.

✅ Court cites deregulated market and lack of privity to consumers

✅ Ruling shields generators from 2021 winter storm civil suits

✅ Plaintiffs plan appeals; legislature may address liability

Nearly three years after the devastating Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has determined that major power companies cannot be held accountable for their failure to deliver electricity during the power grid crisis that unfolded, citing Texas' deregulated energy market as the reason.

This ruling appears likely to shield these companies from lawsuits that were filed against them in the aftermath of the blackout, leaving the families of those affected uncertain about where to seek justice.

In February 2021, a severe cold front swept over Texas, bringing extended periods of ice and snow. The extreme weather conditions increased energy demand while simultaneously reducing supply by causing power generators and the state's natural gas supply chain to freeze. This led to a blackout that left millions of Texans without power and water for nearly a week.

The state officially reported that almost 250 people lost their lives during the winter storm and subsequent blackout, although some analysts argue that this is a significant undercount and warn of blackout risks across the U.S. during severe heat as well.

In the wake of the storm, Texans affected by the energy system's failure began filing lawsuits, and lawmakers proposed a market bailout as political debate intensified. Some of these legal actions were directed against power generators whose plants either ceased to function during the storm or ran out of fuel for electricity generation.

After several years of legal proceedings, a three-judge panel was convened to evaluate the merits of these lawsuits.

This week, Chief Justice Terry Adams issued a unanimous opinion on behalf of the panel, stating, "Texas does not currently recognize a legal duty owed by wholesale power generators to retail customers to provide continuous electricity to the electric grid, and ultimately to the retail customers."

The opinion further clarified that major power generators "are now statutorily precluded by the legislature from having any direct relationship with retail customers of electricity."

This separation of power generation from transmission and retail electric sales in many parts of Texas resulted from energy market deregulation in the early 2000s, with the goal of reducing energy costs, and prompted electricity market reforms aimed at avoiding future blackouts.

Under the previous system, power companies were "vertically integrated," controlling generators, transmission lines, and selling the energy they produced directly to regional customers. However, in deregulated areas of Texas, competition was introduced, creating competing energy-generating companies and retail electric providers that purchase power wholesale and then sell it to residential consumers; meanwhile, electric cooperatives in other parts of the state remained member-owned providers.

Tré Fischer, a partner at the Jackson Walker law firm representing the power companies, explained, "One consequence of that was, because of the unbundling and the separation, you also don't have the same duties and obligations [to consumers]. The structure just doesn't allow for that direct relationship and correspondingly a direct obligation to continually supply the electricity even if there's a natural disaster or catastrophic event."

In the opinion, Justice Adams noted that when designing the Texas energy market, amid renewed interest in ways to improve electricity reliability across the grid, state lawmakers "could have codified the retail customers' asserted duty of continuous electricity on the part of wholesale power generators into law."

The recent ruling applies to five representative cases chosen by the panel out of hundreds filed after the blackout. Due to this decision, it is improbable that any of the lawsuits against power companies will succeed, according to the court's interpretation.

However, plaintiffs' attorneys have indicated their intention to appeal. They may request a review of the panel's opinion by the entire First Court of Appeals or appeal directly to the state supreme court.

The state Supreme Court had previously ruled that the Electric Reliability Council of Texas (ERCOT), the state's power grid operator, enjoys sovereign immunity and cannot be sued over the blackout.

This latest opinion raises the question of who, if anyone, can be held responsible for deaths and losses resulting from the blackout, a question left unaddressed by the court. Fischer commented, "If anything [the judges] were saying that is a question for the Texas legislature."

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Hurricane Ida New Orleans Infrastructure faced a split outcome: levees and pumps protected against storm surge, while the power grid collapsed as transmission lines failed, prompting large-scale restoration efforts across Louisiana and Mississippi.

Key Points

It summarizes Ida's impact: levees and pumps held, but the power grid failed, causing outages and slow restoration.

✅ Levees and pumps mitigated flooding and storm surge impacts.

✅ All transmission lines failed, crippling the power grid.

✅ Crews and drones assess damage; restoration may take weeks.

Infrastructure in the city of New Orleans turned in a mixed performance against the fury of Hurricane Ida, with the levees and pumps warding off catastrophic flooding even as the electrical grid, part of the broader Louisiana power grid, failed spectacularly.

Ida’s high winds, measuring 150 miles (240 kilometers) an hour at landfall, took out all eight transmissions lines that deliver power into New Orleans, ripped power poles in half and crumpled at least one steel transmission tower into a twisted metal heap, knocking out electricity to all of the city. A total of more than 1.2 million homes and businesses in Louisiana and Mississippi lost power. While about 90,000 customers were reconnected by Monday afternoon, many could face days without electricity, and frustration can mount as seen during the Houston outage after major storms.

In contrast, the New Orleans area’s elaborate flood defenses seem to have held up, a vindication of the Army Corps of Engineers’ $14.5 billion project to rebuild levees, flood gates and pumps in the wake of the devastation wrought by Hurricane Katrina in 2005. While there were reports of scattered deaths tied to Ida, the city escaped the kind of flooding that destroyed entire neighborhoods in Katrina’s wake, left parts of the city uninhabitable for months and claimed 1,800 lives. 

“The situation in New Orleans, as bad as it is today with the power, could be so much worse,” Louisiana Governor John Bel Edwards said Monday on the Today Show, praising the levee system’s performance. “All you have to do is go back 16 years to get a glimpse of what that would have been like.”

While the levees’ resiliency is no doubt due to the rebuilding effort that followed Katrina, the starkly different outcomes also stems from the storms’ different characteristics. Katrina slammed the coast with a 30-foot storm surge of ocean water, while preliminary estimates from Ida put its surge far lower. 

Ida’s winds, however, were stronger than Katrina’s, and that’s what ultimately took out so many power lines, a dynamic that also saw Texas utilities struggle during Harvey. Deanna Rodriguez, the chief executive officer of power provider Entergy New Orleans, declined to comment on when service would be restored, saying the company was using helicopters and drones to help assess the damage.

Michael Webber, an energy and engineering professor at the University of Texas at Austin, estimated power restoration will take days and possibly weeks, a pattern seen in Florida restoration timelines after major hurricanes, based on the initial damage reports from the storm. More than 25,000 workers from at least 32 states and Washington are mobilized to assist with power restoration efforts, similar to FPL's massive response after Irma, according to the Edison Electric Institute.

“The question is, how long will it take to rebuild these lines,” Webber said. The utilities will first need to complete their damage assessments before they can get a sense of repair timelines, a step that Gulf Power crews have highlighted in past recoveries, he said. “You can imagine that will take days at least, possibly weeks.”

The loss of electricity will have other affects as well, and even though grid resilience during the pandemic was strong, local systems face immediate constraints. Sewer substations, for example, need electricity to keep wastewater moving, said Ghassan Korban, executive director of the New Orleans Sewerage & Water Board. The storm knocked out power to about 80 of the city’s 84 pumping stations, he said at a Monday press conference. “Without electricity, wastewater backs up and can cause overflows,” he said, adding that residents should conserve water to lessen stress on the system.

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Maritime Electric Hurricane Irma Response details utility crews aiding Turks and Caicos with power restoration, storm recovery, debris removal, and essential services, coordinated with Fortis Inc., despite limited equipment, heat, and over 1,000 downed poles.

Key Points

A utility mission restoring power and essential services in Turks and Caicos after Irma, led by Maritime Electric.

✅ Over 1,000 poles down; crews climbing without bucket trucks

✅ Restoring hospitals, water, and communications first

✅ Fortis Inc. coordination; 2-3 week deployment with follow-on crews

Maritime Electric has sent a crew to help in the clean up and power restoration of Turks and Caicos after the Caribbean island was hit by Hurricane Irma, a storm that also saw FPL's massive response across Florida.

They arrived earlier this week and are working on removing debris and equipment so when supplies arrive, power can be brought back online, and similar mutual aid deployments, including Canadian crews to Florida, have been underway as well.

Fortis Inc., the parent company for Maritime Electric operates a utility in Turks and Caicos.

Kim Griffin, spokesperson for Maritime Electric, said there are over 1000 poles that were brought down by the storm, mirroring Florida restoration timelines reported elsewhere.

"It's really an intense storm recovery," she said. 'Good spirits'

The crew is working with less heavy equipment than they are used to, climbing poles instead of using bucket trucks, in hot and humid weather.

Griffin said their focus is getting essential services restored as quckly as possible, similar to progress in Puerto Rico's restoration efforts following recent hurricanes.

The crew will be there for two or three weeks and Griffin said Maritime Electric may send another group, as seen with Ontario's deployment to Florida, to continue the job.

She said the team has been well received and is in "good spirits."

"The people around them have been very positive that they're there," she said.

"They've said it's just been overwhelming how kind and generous the people have been to them."

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Canada Clean Electricity Standard targets a net-zero grid by 2035, using carbon pricing, CO2 caps, and carbon capture while expanding renewables and interprovincial trade to decarbonize power in Alberta, Saskatchewan, and Ontario.

Key Points

A federal plan to reach a net-zero grid by 2035 using CO2 caps, carbon pricing, carbon capture, renewables, and trade.

✅ CO2 caps and rising carbon prices through 2050

✅ Carbon capture required on gas plants in high-emitting provinces

✅ Renewables build-out and interprovincial trade to balance supply

A new tool has been proposed in the federal election campaign as a way of eradicating the carbon emissions from Canada’s patchwork electricity system. 

As the country’s need for power grows through the decarbonization of transportation, industry and space heating, the Liberal Party climate plan is proposing a clean energy standard to help Canada achieve a 100% net-zero-electricity system by 2035, aligning with Canada’s net-zero by 2050 target overall. 

The proposal echoes a report released August 19 by the David Suzuki Foundation and a group of environmental NGOs that also calls for a clean electricity standard, capping power-sector emissions, and tighter carbon-pricing regulations. The report, written by Simon Fraser University climate economist Mark Jaccard and data analyst Brad Griffin, asserts that these policies would effectively decarbonize Canada’s electricity system by 2035.

“Fuel switching from dirty fossil fuels to clean electricity is an essential part of any serious pathway to transition to a net-zero energy system by 2050,” writes Tom Green, climate policy advisor to the Suzuki Foundation, in a foreword to the report. The pathway to a net-zero grid is even more important as Canada switches from fossil fuels to electric vehicles, space heating and industrial processes, even as the Canadian Gas Association warns of high transition costs.

Under Jaccard and Griffin’s proposal, a clean electricity standard would be established to regulate CO2 emissions specifically from power plants across Canada. In addition, the plan includes an increase in the carbon price imposed on electricity system releases, combined with tighter regulation to ensure that 100% of the carbon price set by the federal government is charged to electricity producers. The authors propose that the current scheduled carbon price of $170 per tonne of CO2 in 2030 should rise to at least $300 per tonne by 2050.

In Alberta, Saskatchewan, Ontario, New Brunswick and Nova Scotia, the 2030 standard would mean that all fossil-fuel-powered electricity plants would require carbon capture in order to comply with the standard. The provinces would be given until 2035 to drop to zero grams CO2 per kilowatt hour, matching the 2030 standard for low-carbon provinces (Quebec, British Columbia, Manitoba, Newfoundland and Labrador and Prince Edward Island). 

Alberta and Saskatchewan targeted 
Canada has a relatively clean electricity system, as shown by nationwide progress in electricity, with about 80% of the country’s power generated from low- or zero-emission sources. So the biggest impacts of the proposal will be felt in the higher-carbon provinces of Alberta and Saskatchewan. Alberta has a plan to switch from coal-based electric power to natural gas generation by 2023. But Saskatchewan is still working on its plan. Under the Jaccard-Griffin proposal, these provinces would need to install carbon capture on their gas-fired plants by 2030 and carbon-negative technology (biomass with carbon capture, for instance) by 2035. Saskatchewan has been operating carbon capture and storage technology at its Boundary Dam power station since 2014, but large-scale rollout at power plants has not yet been achieved in Canada. 

With its heavy reliance on nuclear and hydro generation, Ontario’s electricity supply is already low carbon. Natural gas now accounts for about 7% of the province’s grid, but the clean electricity standard could pose a big challenge for the province as it ramps up natural-gas-generated power to replace electricity from its aging Pickering station, scheduled to go out of service in 2025, even as a fully renewable grid by 2030 remains a debated goal. Pickering currently supplies about 14% of Ontario’s power. 

Ontario doesn’t have large geological basins for underground CO2 storage, as Alberta and Saskatchewan do, so the report says Ontario will have to build up its solar and wind generation significantly as part of Canada’s renewable energy race, or find a solution to capture CO2 from its gas plants. The Ontario Clean Air Alliance has kicked off a campaign to encourage the Ontario government to phase out gas-fired generation by purchasing power from Quebec or installing new solar or wind power.

As the report points out, the federal government has Supreme Court–sanctioned authority to impose carbon regulations, such as a clean electricity standard, and carbon pricing on the provinces, with significant policy implications for electricity grids nationwide.

The federal government can also mandate a national approach to CO2 reduction regardless of fuel source, encouraging higher-carbon provinces to work with their lower-carbon neighbours. The Atlantic provinces would be encouraged to buy power from hydro-heavy Newfoundland, for example, while Ontario would be encouraged to buy power from Quebec, Saskatchewan from Manitoba, and Alberta from British Columbia.

The Canadian Electricity Association, the umbrella organization for Canada’s power sector, did not respond to a request for comment on the Jaccard-Griffin report or the Liberal net-zero grid proposal.

Just how much more clean power will Canada need? 
The proposal has also kicked off a debate, and an IEA report underscores rising demand, about exactly how much additional electricity Canada will need in coming decades.

In his 2015 report, Pathways to Deep Decarbonization in Canada, energy and climate analyst Chris Bataille estimated that to achieve Canada’s climate net-zero target by 2050 the country will need to double its electricity use by that year.

Jaccard and Griffin agree with this estimate, saying that Canada will need more than 1,200 terawatt hours of electricity per year in 2050, up from about 640 terawatt hours currently.

But energy and climate consultant Ralph Torrie (also director of research at Corporate Knights) disputes this analysis.

He says large-scale programs to make the economy more energy efficient could substantially reduce electricity demand. A major program to install heat pumps and replace inefficient electric heating in homes and businesses could save 50 terawatt hours of consumption on its own, according to a recent report from Torrie and colleague Brendan Haley. 

Put in context, 50 terawatt hours would require generation from 7,500 large wind turbines. Applied to electric vehicle charging, 50 terawatt hours could power 10 million electric vehicles.

While Torrie doesn’t dispute the need to bring the power system to net-zero, he also doesn’t believe the “arm-waving argument that the demand for electricity is necessarily going to double because of the electrification associated with decarbonization.” 

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BC Hydro SAP Oversight Report assesses B.C. Utilities Commission findings on misleading testimony, governance failures, public funds oversight, IT project risk, compliance gaps, audit controls, ratepayer impacts, and regulatory accountability in major enterprise software decisions.

Key Points

A summary of BCUC findings on BC Hydro's SAP IT project oversight, governance lapses, and regulatory compliance.

✅ BCUC probed testimony, cost overruns, and governance failures

✅ Project split to avoid scrutiny; incomplete records and late corrections

✅ Reforms pledged: stronger business cases, compliance, audit controls

B.C. Hydro misled the province’s independent regulator about an expensive technology program, thereby avoiding scrutiny on how it spent millions of dollars in public money, according to a report by the B.C. Utilities Commission.

The Crown power corporation gave inaccurate testimony to regulators about the software it had chosen, called SAP, for an information technology project that has cost $197 million, said the report.

“The way the SAP decision was made prevented its appropriate scrutiny by B.C. Hydro’s board of directors and the BCUC, reflecting governance risks seen in Manitoba Hydro board changes in other jurisdictions,” the commission found.

“B.C. Hydro’s CEO and CFO and its (audit and risk management board committee) members did not exhibit good business judgment when reviewing and approving the SAP decision without an expenditure approval or business case, highlighting how board upheaval at Hydro One can carry market consequences.”

The report was the result of a complaint made in 2016 by then-opposition NDP MLA Adrian Dix, who alleged B.C. Hydro lied to the regulatory commission to try to get approval for a risky IT project in 2008 that then went over budget and resulted in the firing of Hydro’s chief information officer.

The commission spent two years investigating. Its report outlined how B.C. Hydro split the IT project into smaller components to avoid scrutiny, failed to produce the proper planning document when asked, didn’t disclose cost increases of up to $38 million, reflecting pressures seen at Manitoba Hydro's debt across the sector, gave incomplete testimony and did not quickly correct the record when it realized the mistakes.

“Essentially all of the things I asserted were substantiated, and so I’m pleased,” Dix, who is now minister of health, said on Monday. “I think ratepayers can be pleased with it, because even though it was an elaborate process, it involves hundreds of millions of spending by a public utility and it clearly required oversight.”

The BCUC stopped short of agreeing with Dix’s allegation that the errors were deliberate. Instead it pointed toward a culture at B.C. Hydro of confusion, misunderstanding and fear of dealing with the independent regulatory process.

“Therefore, the panel finds that there was a culture of reticence to inform the BCUC when there was doubt about something, even among individuals that understood or should have understood the role of the BCUC, a pattern that can fuel Hydro One investor concerns in comparable markets,” read the report.

“Because of this doubt and uncertainty among B.C. Hydro staff, the panel finds no evidence to support a finding that the BCUC was intentionally misled. The panel finds B.C. Hydro’s culture of reticence to be inappropriate.”

By law, B.C. Hydro is supposed to get approval by the commission for rate changes and major expenditures. Its officials are often put under oath when providing information.

B.C. Hydro apologized for its conduct in 2016. The Crown corporation said Monday it supports the commission’s findings and has made improvements to management of IT projects, including more rigorous business case analyses.

“We participated fully in the commission’s process and acknowledged throughout the inquiry that we could have performed better during the regulatory hearings in 2008,” said spokesperson Tanya Fish.

“Since then, we have taken steps to ensure we meet the highest standards of openness and transparency during regulatory proceedings, including implementing a (thorough) awareness program to support staff in providing transparent and accurate testimony at all times during a regulatory process.”

The Ministry of Energy, which is responsible for B.C. Hydro, said in a statement it accepts all of the BCUC recommendations and will include the findings as part of a review it is conducting into Hydro’s operations and finances, including its deferred operating costs for context, and regulatory oversight.

Dix, who is now grappling with complex IT project management in his Health Ministry, said the lessons learned by B.C. Hydro and outlined in the report are important.

“I think the report is useful reading on all those scores,” he said. “It’s a case study in what shouldn’t happen in a major IT project.”

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Canada Oil and Gas Emissions Cap sets five-year targets to cut sector emissions toward net-zero by 2050, alongside an EV mandate, carbon pricing signals, and support for carbon capture, clean energy jobs, climate policy.

Key Points

A federal policy to regulate and reduce oil and gas emissions via 5-year targets, reaching net-zero by 2050.

✅ Regulated 5-year milestones to cut oil and gas emissions to net-zero by 2050

✅ Interim EV mandate: 50% by 2030; 100% zero-emission sales by 2035

✅ $2B fund for clean energy jobs in oil- and gas-reliant communities

Liberal Leader Justin Trudeau vowed to regulate total emissions from Canada’s oil and gas producers as he laid out his first major climate change promises of the campaign Sunday, a plan that was welcomed by several environmental and climate organizations.

Trudeau said that if re-elected, the Liberals will set out regulated five-year targets for emissions from oil and gas production to get them to net-zero emissions by 2050, a goal that, according to an IEA report will require more electricity, but also create a $2 billion fund to create jobs in oil and gas-reliant communities in Alberta, Saskatchewan and Newfoundland and Labrador.

“Let’s be realistic, over a quarter of Canada’s emissions come from our oil and gas sector. We need the leadership of these industries to decarbonize our country,” Trudeau said.

“That’s why we’ll make sure oil and gas emissions don’t increase and instead go down with achievable milestones,” while ensuring local economies can prosper.“

The Liberals are also introducing an interim electric vehicle mandate, which will require half the cars sold in Canada to be zero-emission by 2030, and because cleaning up electricity is critical to meeting climate pledges, the policy pairs with power-sector decarbonization, ahead of the final mandated target of 100 per cent by 2035.

Trudeau spoke in Cambridge, Ont., where protesters once again made an appearance amid a visible police presence. Officers carried one woman off the property when she refused to leave when asked.

Trudeau alluded to the protesters and their actions, which included sounding sirens and chanting expletives, as he defended his government’s record on climate change including progress in the electricity sector nationally, and touted its new plan.

“Sirens in the background may remind us that this is a climate emergency. That’s why we will move faster and be bolder,” he said.

Canada’s largest oilsands producers have already committed to reaching net zero greenhouse gas emissions by 2050, but the policy proposed Sunday “calls the oil companies’ bluff” by making those goals a legislated requirement, said Keith Stewart, senior energy strategist with Greenpeace Canada.

The new timeline for electric vehicles also “sends a clear signal to auto companies to get cracking (and build them here),” he said on Twitter, even as proposals like a fully renewable grid by 2030 are debated today. “We’d like to see this happen faster but the shift away from voluntary targets to requirements is big.”

Merran Smith, executive director of Clean Energy Canada, a climate program at Simon Fraser University, said clean electricity, clean transportation and “phasing out oil and gas with accountable milestones” must be key priorities over the next decade, aligning with Canada’s race to net-zero and the role of renewable energy.

“Today’s announcement, which checks all of these boxes, is not just good ambition_it’s good policy. Policy that will drive down carbon pollution and drive up clean job growth and economic competitiveness. It is policy that will drive Canada forward with cleaner cars, power Canada with clean electricity, and invest in businesses that will last such as battery manufacturing, electric vehicle manufacturing and low carbon steel,” Smith said in an email.

Michael Bernstein, executive director of the climate policy organization Clean Prosperity, said the promises laid out Sunday offer a “strong boost” to the federal government’s previous climate commitments.

He said the organization prefers market incentives such as carbon pricing, that spur innovation over further regulation. But since the largest oilsands companies have already committed to reaching net-zero emissions, he said the newly unveiled policy could provide some support.

“ First, I would encourage the Liberal Party to release independent modelling showing the types of emissions reductions they expect to achieve with their new package of policies. Second, many policies are referred to in general terms so I hope the Liberal Party will provide further details in the coming days,” he said.

“Finally, the document does not specifically mention carbon capture or carbon dioxide removal technologies but both technologies will be critical to achieve some of the pledges in today’s announcement, especially reaching net-zero emissions in the oil a gas sector.”

NDP Leader Jagmeet Singh painted the announcement as the latest in a string of “empty promises” from the Liberals on climate change, saying Canada has the highest increase in greenhouse gas emissions among all G7 countries, and that provinces like B.C. risk missing 2050 targets as well, he argued.

“Climate targets mean nothing when you don’t act on them. We can’t afford more of Justin Trudeau’s empty words on climate change,” he said in a statement.

The Trudeau Liberals submitted new targets to the United Nations in July, promising that Canada will curb emissions by 40 to 45 per cent from 2005 levels by 2030, building on the net-zero by 2050 plan announced earlier, officials say.

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