Judge: Texas Power Plants Exempt from Providing Electricity in Emergencies


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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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Electricity retailer Griddy's unusual plea to Texas customers: Leave now before you get a big bill

Texas wholesale electricity price spike disrupts ERCOT markets as Griddy and other retail energy providers face surge pricing; customers confront spot market exposure, fixed-rate plan switching, demand response appeals, and deep-freeze grid constraints across Texas.

 

Key Points

An extreme ERCOT market surge sending real-time rates to caps, exposing Griddy users and driving provider-switch pleas.

✅ Wholesale index plans pass through $9,000/MWh scarcity pricing.

✅ Retailers urge switching; some halt enrollments amid volatility.

✅ Demand response incentives and conservation pleas reduce load.

 

Some retail power companies in Texas are making an unusual plea to their customers amid a winter storm that has sent electricity prices skyrocketing: Please, leave us.

Power supplier, Griddy, told all 29,000 of its customers that they should switch to another provider as spot electricity prices soared to as high as $9,000 a megawatt-hour. Griddy’s customers are fully exposed to the real-time swings in wholesale power markets, so those who don’t leave soon will face extraordinarily high electricity bills.

“We made the unprecedented decision to tell our customers — whom we worked really hard to get — that they are better off in the near term with another provider,” said Michael Fallquist, chief executive officer of Griddy. “We want what’s right by our consumers, so we are encouraging them to leave. We believe that transparency and that honesty will bring them back” once prices return to normal.

Texas is home to the most competitive electricity market in America. Homeowners and businesses shopping for electricity churn power providers there like credit cards. In the face of such cutthroat competition, retail power providers in the region have grown accustomed to offering new customers incredibly low rates, incentives and, at least in Griddy’s case, unusual plans that allow customers to pay wholesale power prices as opposed to fixed ones.

The ruthless nature of the business has power traders speculating over which firms might have been caught short this week in the most dramatic run-up in spot power prices they’ve ever seen, and even talk of a market bailout has surfaced.

Not all companies are asking customers to leave. Others are just pleading for them to cut back to reduce blackout risks during extreme weather.

Pulse Power, based in The Woodlands, Texas, is offering customers a chance to win a Tesla Model 3, or free electricity for up to a year if they reduce their power usage by 10% in the coming days. Austin-based Bulb is offering $2 per kilowatts-hour, up to $200, for any energy customers save.

Griddy, however, is in a different position. Its service is simple — and controversial. Members pay a $9.99 monthly fee and then pay the cost of spot power traded on Texas’s power grid based on the time of day they use it. Earlier this month, that meant customers were saving money — and at times even getting paid — to use electricity at night. But in recent days, the cost of their power has soared from about 5 to 6 cents a kilowatt-hour to $1 or more. That’s when Fallquist knew it was time to urge his customers to leave.

“I can tell you it was probably one of the hardest decisions we’ve ever made,” he said. “Nobody ever wants to see customers go.”

Griddy isn’t the only one out there actively encouraging its customers to leave. People were posting similar pleas on Twitter over the holiday weekend from other Texas utilities and retail power providers offering everything from $100 rebates to waived cancellation fees as incentives to switch.

Customers may not even be able to switch. Rizwan Nabi, president of energy consultancy Riz Energy in Houston, said several power providers in Texas have told him they aren’t accepting new customers due to this week’s volatile prices, while grid improvements are debated statewide.

Hector Torres, an energy trader in Texas, who is a Griddy customer himself, said he tried to switch services over the long weekend but couldn’t find a company willing to take him until Wednesday, when the weather is forecast to turn warmer.

 

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Let’s make post-COVID Canada a manufacturing hub again

Canada Manufacturing Policy prioritizes affordable energy, trims carbon taxes, aligns with Buy America, and supports the resource sector, PPE and plastics supply, nearshoring, and resilient supply chains amid COVID-19, correcting costly green energy policies.

 

Key Points

A policy to boost industry with affordable energy, lower carbon taxes, resource ties, and aligned U.S. trade.

✅ Cuts energy costs and carbon tax burdens for competitiveness

✅ Rebuilds resource-sector linkages and domestic supply chains

✅ Seeks Buy America relief and clarity on plastics regulation

 

By Jocelyn Bamford

Since its inception in 2017, the Coalition of Concerned Manufacturers and Businesses has warned all levels of government that there would be catastrophic effects if policies that drove both the manufacturing and natural resources sectors out of the country were adopted.

The very origins of our coalition was in the fight for a competitive landscape in Ontario, a cornerstone of which is affordable energy and sounding the alarm that the Green Energy Policy in Ontario pushed many manufacturers out of the province.


The Green Energy Policy made electricity in Ontario four times the average North American rate. These unjust prices were largely there to subsidize the construction of expensive and inefficient wind and solar energy infrastructure, even as cleaning up Canada's grid is cited as critical to meeting climate pledges.

My company’s November hydro bill was $55,000 and $36,500 of that was the so-called global adjustment charge, the name given to these green energy costs.

Unaffordable electricity, illustrated by higher Alberta power costs in recent years, coupled with ever-more burdensome carbon taxes, have pushed Canadian manufacturing into the open arms of other countries that see the importance of affordable energy to attract business.

One can’t help but ask the question: If Canada had policies that attracted and maintained a robust manufacturing sector, would we be in the same situation with a lack of personal protective equipment and medical supplies for our front-line medical workers and our patients during this pandemic?  If our manufacturing sector wasn’t crippled by taxes and regulation, would it be more nimble and able to respond to a national emergency?

It seems that the federal government’s policies are designed to push manufacturing out, stifle our resource sector, and kill the very plastics industry that is so essential to keeping our front-line medical staff, patients, and citizens safe, even as the net-zero race accelerates federally.

As the federal government chased its obsession with a new green economy – a strange obsession given our country’s small contribution to global GHGs – including proposals for a fully renewable grid by 2030 advocated by some leaders, it has been blinded from the real threats to our country, threats that became very, very real with COVID-19.

After the pandemic has passed, the federal government must work to make Canada manufacturing and resource friendly again, recognizing that the IEA net-zero electricity report projects the need for more power. COVID-19 proves that Canada relies on a robust resource economy and manufacturing sector to survive. We need to ensure that we are prepared for future crises like the one we are facing now.

Here are five things our government can do now to meet that end:

1. End all carbon taxes immediately.

2. Create a mandate to bring manufacturing back to Canada through competitive offerings and favourable tax regimes.

3. Recognize the interconnections between the resource sector and manufacturing, including how fossil-fuel workers support the transition across supply chains. Many manufacturers supply parts and pieces to the resource sector, and they rely on affordable energy to compete globally.

4. Stop the current federal government initiative to label plastic as toxic. At a time when the government is appealing to manufacturers to re-tool and produce needed plastic products for the health care sector, labelling plastics as toxic is counterproductive.

5. Work to secure a Canadian exemption to Buy America. This crisis has clearly shown us that dependency on China is dangerous. We must forge closer ties with America and work as a trading block in order to be more self-sufficient.

These are troubling times. Many businesses will not survive.

We need to take back our manufacturing sector.  We need to take back our resource sector.

We need to understand the interconnected nature of these two important segments of our gross domestic production, and opportunities like an Alberta–B.C. grid link to strengthen reliability.
If we do not, in the next pandemic we may find ourselves not only without ventilators, masks and gowns but also without energy to operate our hospitals.

Jocelyn Bamford is a Toronto business executive and President of the Coalition of Concerned Manufacturers and Businesses of Canada

 

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Rising Solar and Wind Curtailments in California

California Renewable Energy Curtailment highlights grid congestion, midday solar peaks, limited battery storage, and market constraints, with WEIM participation and demand response programs proposed to balance supply-demand and reduce wasted solar and wind generation.

 

Key Points

It is the deliberate reduction of solar and wind output when grid limits or low demand prevent full integration.

✅ Grid congestion restricts transmission capacity

✅ Midday solar peaks exceed demand, causing surplus

✅ Storage, WEIM, and demand response mitigate curtailment

 

California has long been a leader in renewable energy adoption, achieving a near-100% renewable milestone in recent years, particularly in solar and wind power. However, as the state continues to expand its renewable energy capacity, it faces a growing challenge: the curtailment of excess solar and wind energy. Curtailment refers to the deliberate reduction of power output from renewable sources when the supply exceeds demand or when the grid cannot accommodate the additional electricity.

Increasing Curtailment Trends

Recent data from the U.S. Energy Information Administration (EIA) highlights a concerning upward trend in curtailments in California. In 2024, the state curtailed a total of 3,102 gigawatt-hours (GWh) of electricity generated from solar and wind sources, surpassing the 2023 total of 2,660 GWh. This represents a 32.4% increase from the previous year. Specifically, 2,892 GWh were from solar, and 210 GWh were from wind, marking increases of 31.2% and 51.1%, respectively, compared to the first nine months of 2023.

Causes of Increased Curtailment

Several factors contribute to the rising levels of curtailment:

  1. Grid Congestion: California's transmission infrastructure has struggled to keep pace with the rapid growth of renewable energy sources. This congestion limits the ability to transport electricity from generation sites to demand centers, leading to curtailment.

  2. Midday Solar Peaks: Amid California's solar boom, solar energy production typically peaks during the midday when electricity demand is lower. This mismatch between supply and demand results in excess energy that cannot be utilized, necessitating curtailment.

  3. Limited Energy Storage: While battery storage technologies are advancing, California's current storage capacity is insufficient to absorb and store excess renewable energy for later use. This limitation exacerbates curtailment issues.

  4. Regulatory and Market Constraints: Existing market structures and regulatory frameworks may not fully accommodate the rapid influx of renewable energy, leading to inefficiencies and increased curtailment.

Economic and Environmental Implications

Curtailment has significant economic and environmental consequences. For renewable energy producers, curtailed energy represents lost revenue and undermines the economic viability of new projects. Environmentally, curtailment means that clean, renewable energy is wasted, and the grid may rely more heavily on fossil fuels to meet demand, counteracting the benefits of renewable energy adoption.

Mitigation Strategies

To address the rising curtailment levels, California is exploring several strategies aligned with broader decarbonization goals across the U.S.:

  • Grid Modernization: Investing in and upgrading transmission infrastructure to alleviate congestion and improve the integration of renewable energy sources.

  • Energy Storage Expansion: Increasing the deployment of battery storage systems to store excess energy during peak production times and release it during periods of high demand.

  • Market Reforms: Participating in the Western Energy Imbalance Market (WEIM), a real-time energy market that allows for the balancing of supply and demand across a broader region, helping to reduce curtailment.

  • Demand Response Programs: Implementing programs that encourage consumers to adjust their energy usage patterns, such as shifting electricity use to times when renewable energy is abundant.

Looking Ahead

As California continues to expand its renewable energy capacity, addressing curtailment will be crucial to ensuring the effectiveness and sustainability of its energy transition. By investing in grid infrastructure, energy storage, and market reforms, the state can reduce curtailment levels and make better use of its renewable energy resources, while managing challenges like wildfire smoke impacts on solar output. These efforts will not only enhance the economic viability of renewable energy projects but also contribute to California's 100% clean energy targets by maximizing the use of clean energy and reducing reliance on fossil fuels.

While California's renewable energy sector faces challenges related to curtailment, proactive measures and strategic investments can mitigate these issues, as scientists continue to improve solar and wind power through innovation, paving the way for a more sustainable and efficient energy future.

 

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The Cool Way Scientists Turned Falling Raindrops Into Electricity

Raindrop Triboelectric Energy Harvesting converts falling water into electricity using Teflon (PTFE) on indium tin oxide and an aluminum electrode, forming a transient water bridge; a low frequency nanogenerator for renewable, static electricity harvesting.

 

Key Points

A method using PTFE, ITO, and an aluminum electrode to turn raindrop impacts into low frequency electrical power.

✅ PTFE on ITO boosts charge transfer efficiency.

✅ Water bridge links electrodes for rapid discharge.

✅ Low frequency output suits continuous energy harvesting.

 

Scientists at the City University of Hong Kong have used a Teflon-coated surface and a phenomenon called triboelectricity to generate a charge from raindrops. “Here we develop a device to harvest energy from impinging water droplets by using an architecture that comprises a polytetrafluoroethylene [Teflon] film on an indium tin oxide substrate plus an aluminium electrode,” they explain in their new paper in Nature as a step toward cheap, abundant electricity in the long term.

Triboelectricity itself is an old concept. The word means “friction electricity”—from the Greek tribo, to rub or wear down, which is why a diatribe tires you out—and dates back a long, long time. Static electricity is the most famous kind of triboelectric, and related work has shown electricity from the night sky can be harvested as well in niche setups. In most naturally occurring kinds, scientists have studied triboelectric in order to avoid its effects, like explosions inside of grain silos or hospital workers touching off pure oxygen. (Blowing sand causes an electric field, and NASA even worries about static when astronauts eventually land on Mars.)

One of the most studied forms of intentional and useful triboelectric is in systems such as ocean wave generators where the natural friction of waves meets nanogenerators of triboelectric energy. These even already use Teflon, which has natural conductivity that makes it ideal for this job. But triboelectricity is chaotic, and harnessing it generally involves a bunch of complicated, intersecting variables that can vary with the hourly weather. Promises of static electricity charging devices have often been, well, so much hot, sandy wind.

The scientists at City University of Hong Kong used triboelectric ideas to turn falling raindrops into energy. They say previous versions of the same idea were not very efficient, with materials that didn’t allow for high-fidelity transfer of electrical charge. (Many sources of renewable energy aren’t yet as efficient to turn into power, both because of developing technology and because their renewability means even less efficient use could be better than, for example, fossil fuels, and advances in renewable energy storage could help.)

“[A]chieving a high density of electrical power generation is challenging,” the team explains in its paper. “Traditional hydraulic power generation mainly uses electromagnetic generators that are heavy, bulky, and become inefficient with low water supply.” Diversifying how power is generated by water sources such as oceans and rivers is good for the existing infrastructure as well as new installations.

The research team found that as simulated raindrops fell on their device, the way the water accumulated and spread created a link between their two electrodes, one Teflon-coated and the other aluminum. This watery de facto wire link closes the loop and allows accumulated energy to move through the system. Because it’s a mechanical setup, it’s not limited to salty seawater, and because the medium is already water, its potential isn’t affected by ambient humidity either.

Raindrop energy is very low frequency, which means this tech joins many other existing pushes to harvest continuously available, low frequency natural energy, including underwater 'kites' that exploit steady currents. To make an interface that increases “instantaneous power density by several orders of magnitude over equivalent devices,” as the researchers say they’ve done here, could represent a major step toward feasibility in triboelectric generation.

 

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3 Reasons Why Cheap Abundant Electricity Is Getting Closer To Reality

Renewable Energy Breakthroughs drive quantum dots solar efficiency, Air-gen protein nanowires harvesting humidity, and cellulose membranes for flow batteries, enabling printable photovoltaics, 24/7 clean power, and low-cost grid storage at commercial scale.

 

Key Points

Advances like quantum dot solar, Air-gen, and cellulose flow battery membranes that improve clean power and storage.

✅ Quantum dots raise solar conversion efficiency, are printable

✅ Air-gen harvests electricity from humidity with protein nanowires

✅ Cellulose membranes cut flow battery costs, aid grid storage

 

Science never sleeps. The quest to find new and better ways to do things continues in thousands of laboratories around the world. Today, the global economy is based on the use of electricity, and one analysis shows wind and solar potential could meet 80% of US demand, underscoring what is possible. If there was a way to harness all the energy from the sun that falls on the Earth every day, there would be enough of electricity available to meet the needs of every man, woman, and child on the planet with plenty left over. That day is getting closer all the time. Here are three reasons why.

Quantum Dots Make Better Solar Panels
According to Science Daily, researchers at the University of Queensland have set a new world record for the conversion of solar energy to electricity using quantum dots — which pass electrons between one another and generate electrical current when exposed to solar energy in a solar cell device. The solar devices they developed have beaten the existing solar conversion record by 25%.

“Conventional solar technologies use rigid, expensive materials. The new class of quantum dots the university has developed are flexible and printable,” says professor Lianzhou Wang, who leads the research team. “This opens up a huge range of potential applications, including the possibility to use it as a transparent skin to power cars, planes, homes and wearable technology. Eventually it could play a major part in meeting the United Nations’ goal to increase the share of renewable energy in the global energy mix.”

“This new generation of quantum dots is compatible with more affordable and large-scale printable technologies,” he adds. “The near 25% improvement in efficiency we have achieved over the previous world record is important. It is effectively the difference between quantum dot solar cell technology being an exciting prospect and being commercially viable.” The research was published on January 20 in the journal Nature Energy.

Electricity From Thin Air
Science Daily also reports that researchers at UMass Amherst also have interesting news. They claim they created a device called an Air-gen, short for air powered generator. (Note: recently we reported on other research that makes electricity from rainwater.) The device uses protein nanowires created by a microbe called Geobacter. Those nanowires can generate electricity from thin air by tapping the water vapor present naturally in the atmosphere. “We are literally making electricity out of thin air. The Air-gen generates clean energy 24/7. It’s the most amazing and exciting application of protein nanowires yet,” researchers Jun Yao and Derek Lovely say. There work was published February 17 in the journal Nature.

The new technology developed in Yao’s lab is non-polluting, renewable, and low-cost. It can generate power even in areas with extremely low humidity such as the Sahara Desert. It has significant advantages over other forms of renewable energy including solar and wind, Lovley says, because unlike these other renewable energy sources, the Air-gen does not require sunlight or wind, and “it even works indoors,” a point underscored by ongoing grid challenges that slow full renewable adoption.

Yao says, “The ultimate goal is to make large-scale systems. For example, the technology might be incorporated into wall paint that could help power your home. Or, we may develop stand-alone air-powered generators that supply electricity off the grid, and in parallel others are advancing bio-inspired fuel cells that could complement such devices. Once we get to an industrial scale for wire production, I fully expect that we can make large systems that will make a major contribution to sustainable energy production. This is just the beginning of a new era of protein based electronic devices.”

Improved Membranes For Flow Batteries From Cellulose
Storing energy is almost as important to decarbonizing the environment as making it in the first place, with the rise of affordable solar batteries improving integration.  There are dozens if not hundreds of ways to store electricity and they all work to one degree or another. The difference between which ones are commercially viable and ones that are not often comes down to money.

Flow batteries — one approach among many, including fuel cells for renewable storage — use two liquid electrolytes — one positively charged and one negatively charged — separated by a membrane that allows electrons to pass back and forth between them. The problem is, the liquids are highly corrosive. The membranes used today are expensive — more than $1,300 per square meter.

Phys.org reports that Hongli Zhu, an assistant professor of mechanical and industrial engineering at Northeastern University, has successfully created a membrane for use in flow batteries that is made from cellulose and costs just $147.68 per square meter. Reducing the cost of something by 90% is the kind of news that gets people knocking on your door.

The membrane uses nanocrystals derived from cellulose in combination with a polymer known as polyvinylidene fluoride-hexafluoropropylene.  The naturally derived membrane is especially efficient because its cellular structure contains thousands of hydroxyl groups, which involve bonds of hydrogen and oxygen that make it easy for water to be transported in plants and trees.

In flow batteries, that molecular makeup speeds the transport of protons as they flow through the membrane. “For these materials, one of the challenges is that it is difficult to find a polymer that is proton conductive and that is also a material that is very stable in the flowing acid,” Zhu says.

Cellulose can be extracted from natural sources including algae, solid waste, and bacteria. “A lot of material in nature is a composite, and if we disintegrate its components, we can use it to extract cellulose,” Zhu says. “Like waste from our yard, and a lot of solid waste that we don’t always know what to do with.”

Flow batteries can store large amounts of electricity over long periods of time — provided the membrane between the storage tanks doesn’t break down. To store more electricity, simply make the tanks larger, which makes them ideal for grid storage applications where there is often plenty of room to install them. Slashing the cost of the membrane will make them much more attractive to renewable energy developers and help move the clean energy revolution forward.

The Takeaway
The fossil fuel crazies won’t give up easily. They have too much to lose and couldn’t care less if life on Earth ceases to exist for a few million years, just so long as they get to profit from their investments. But they are experiencing a death of a thousand cuts. None of the breakthroughs discussed above will end thermal power generation all by itself, but all of them, together with hundreds more just like them happening every day, every week, and every month, even as we confront clean energy's hidden costs across supply chains, are slowly writing the epitaph for fossil fuels.

And here’s a further note. A person of Chinese ancestry is the leader of all three research efforts reported on above. These are precisely the people being targeted by the United States government at the moment as it ratchets up its war on immigrants and anybody who cannot trace their ancestry to northern Europe. Imagine for a moment what will happen to America when researchers like them depart for countries where they are welcome instead of despised. 

 

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OPINION Rewiring Indian electricity

India Power Sector Crisis: a tangled market of underused plants, coal shortages, cross-subsidies, high transmission losses, and weak PPAs, requiring deregulation, power exchanges, and cost-reflective tariffs to fix insolvency and outages.

 

Key Points

India power market failure from subsidies, coal shortages, and losses, needing deregulation and reflective pricing.

✅ Deregulate to enable spot trading on power exchanges

✅ End cross-subsidies; charge cost-reflective tariffs

✅ Secure coal supply; cut T&D losses and theft

 

India's electricity industry is in a financial and political tangle.

Power producers sit on thousands of megawatts of underutilized plant, while consumers face frequent power cuts, both planned and unplanned.

Financially troubled generators struggle to escape insolvency proceedings. The state-owned banks that have mostly financed power utilities fear that debts of troubled utilities totaling 1.74 trillion rupees will soon go bad.

Aggressive bidding for supply contracts and slower-than-expected demand growth, including a recent demand slump in electricity use, is the root cause. The problems are compounded by difficulties in securing coal and other fuels, high transmission losses, electricity theft and cash-starved distribution companies.

But India's 36 state and union territory governments are contributing mightily to this financial and economic mess. They persist with populist cross-subsidies -- reducing charges for farmers and households at the cost of nonagricultural businesses, especially energy-intensive manufacturing sectors such as steel.

The states refuse to let go of their control over how electricity is produced, distributed and consumed. And they are adamant that true markets, with freedom for large industrial users to buy power at market-determined rates from whichever utility they want at power exchanges -- will not become a reality in India.

State politicians are driven mainly by the electoral need to appease farmers, India's most important vote bank, who have grown used to decades of nearly-free power.

New Delhi is therefore relying on short-term fixes instead of attempting to overhaul a defunct system. Users must pay the real cost of their electricity, as determined by a properly integrated national market free of state-level interference if India's power mess is to be really addressed.

As of Aug. 31, the country's total installed production capacity was 344,689 MW, underscoring its status as the third-largest electricity producer globally by output. Out of that, thermal power comprising coal, gas and diesel accounted for 64%, hydropower 13% and renewables accounted for 20%. Commercial and industrial users accounted for 55% of consumption followed by households on 25% and the remaining 20% by agriculture.

Coal-fired power generation, which contributes roughly 90% of thermal output and the bulk of the financially distressed generators, is the most troubled segment as it faces a secular decline in tariffs due to increasing competition from highly subsidized renewables (which also benefit from falling solar panel costs), coal shortages and weak demand.

The Central Electricity Act (CEA) 2003 opened the gates of the country's power sector for private players, who now account for 45% of generating capacity.

But easy credit, combined with an overconfident estimation of the risks involved, emboldened too many investors to pile in, without securing power purchase agreements (PPAs) with distribution companies.

As a result, power capacity grew at an annual compound rate of 11% compared to demand at 6% in the last decade leading to oversupply.

This does not mean that the electricity market is saturated. Merely that there are not enough paying customers. Distributors have plenty of consumers who will not or cannot pay, even though they have connections. There is huge unmet demand for power. There are 32 million Indian homes -- roughly 13% of the total -- mostly rural and poor with no access to electricity.

Moreover, consumption by those big commercial and industrial users which do not enjoy privileged rates is curbed by high prices, driven up by the cost of subsidizing others, extra charges on exchange-traded power and transmission and distribution losses (including theft) of 20-30%.

With renewables increasingly becoming cheaper, financially stressed distributors are avoiding long-term power purchase agreements, preferring spot markets. Meanwhile, coal shortages force generators to buy expensive imported coal supplies or cut output. The operating load for most private generators, which suffer particularly acute coal shortages in compared to state-owned utilities, has fallen from 84% in 2009-2010 to 55% now.

Smoothing coal supplies should be the top priority. Often coal is denied to power generators without long-term purchase contracts. Such discrimination in coal allocation prevails -- because the seller (state-run Coal India and its numerous subsidiaries) is an inefficient monopolist which cannot produce enough and rations coal supplies, favoring state-run generators over private.

To help power producers, New Delhi plans measures including auctioning power sales contracts with assured access to coal. However, even though coal and electricity shortages eased recently, such short-term fixes won't solve the problem. With electricity prices in secular decline, distributors are not seeking long-term supply contracts -- rather they are often looking for excuses to get out of existing agreements.

India needs a fundamental two-step reform. First, the market must be deregulated to allow most bulk suppliers and users to move to power trading exchanges, which currently account for just 10% of the market.

This would lead to genuine price discovery in a spot market and, in time, lead to the trading of electricity futures contracts. That would help in consumers and producers hedge their respective costs and revenues and safeguard their economic positions without any need for government intervention.

The second step to a healthy electricity industry is for consumers to pay the real cost of power. Cross-subsidization must end. That would promote optimal electricity use, innovation and environmental protection. Farmers enjoying nearly-free power create ecological problems by investing in water-guzzling crops such as rice and sugar cane.

Most industrial consumers, who do not have power supply privileges, have their businesses distorted and delayed by high prices. Lowering their costs would encourage power-intensive manufacturing to expand, and in the process, boost electricity demand and improve capacity utilization.

Of course, cutting theft is central to making consumers pay their way. Government officials must stop turning a blind eye to theft, especially when such transmission and distribution losses average 20%.

Politicians who want to continue subsidizing farmers or assist the poor can do so by paying cash out directly to their bank accounts, instead of wrongly relying on the power sector.

Such market-oriented reforms have long been blocked by state-level politicians, who now enjoy the influence born of operating subsidies and interfering in the sector. New Delhi must address this opposition. Narendra Modi, as a self-styled reforming prime minister, should have the courage to bite this bullet and convince state governments (starting with those ruled by his Bharatiya Janata Party) to reform. To encourage cooperation, he could offer states securing real improvements an increased share of centrally collected taxes.

Ritesh Kumar Singh is to be the chief economist of the new policy research and advocacy company Indonomics Consulting. He is former assistant director of the Finance Commission of India.

 

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