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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States have big hopes for renewable energy. Get ready to pay for it.

New York Climate Transition Costs highlight rising utility bills for ratepayers as the state pursues renewable energy, electrification, and a zero-emissions grid, with Inflation Reduction Act funding to offset consumer burdens while delivering health benefits.

 

Key Points

Ratepayer-funded costs to meet New York's renewable targets and zero-emissions grid, offset by federal incentives.

✅ $48B in projects funded by consumers over two decades

✅ Up to 10% of utility bills already paid by some upstate users

✅ Targets: 70% renewables by 2030; zero-emissions grid by 2040

 

A generational push to tackle climate change in New York that includes its Green New Deal is quickly becoming a pocketbook issue headed into 2024.

Some upstate New York electric customers are already paying 10 percent of their electricity bills to support the state’s effort to move off fossil fuels and into renewable energy. In the coming years, people across the state can expect to give up even bigger chunks of their income to the programs — $48 billion in projects is set to be funded by consumers over the next two decades.

The scenario is creating a headache for New York Democrats grappling with the practical and political risk of the transition.


It’s an early sign of the dangers Democrats across the country will face as they press forward with similar policies at the state and federal level. New Jersey, Maryland and California are also wrestling with the issue and, in some cases, are reconsidering their ambitious plans, including a 100% carbon-free mandate in California.

“This is bad politics. This is politics that are going to hurt all New Yorkers,” said state Sen. Mario Mattera, a Long Island Republican who has repeatedly questioned the costs of the state’s climate law and who will pay for it.

Democrats, Mattera said, have been unable to explain effectively the costs for the state’s goals. “We need to transition into renewable energy at a certain rate, a certain pace,” he said.

Proponents say the switch will ultimately lower energy bills by harnessing the sun and wind, result in significant health benefits and — critically — help stave off the most devastating climate change scenarios. And they hope new money to go green from the Inflation Reduction Act, celebrating its one-year anniversary, can limit costs to consumers.

New York has statutory mandates calling for 70 percent renewable electricity by 2030 and a fully “zero emissions” grid by 2040, among the most aggressive targets in the country, aligning with a broader path to net-zero electricity by mid-century. The grid needs to be greened, while demand for electricity is expected to more than double by 2050 — the same year when state law requires emissions to be cut by 85 percent from 1990 levels.

But some lawmakers in New York, particularly upstate Democrats, and similar moderates across the nation are worried about moving too quickly and sparking a backlash against higher costs, as debates over Minnesota's 2050 carbon-free plan illustrate. The issue is another threat to Democrats heading into the critical 2024 battleground House races in New York, which will be instrumental in determining control of Congress.

Even Gov. Kathy Hochul, a Democrat who is fond of saying that “we’re the last generation to be able to do anything” about climate change, last spring balked at the potential price tag of a policy to achieve New York’s climate targets, a concern echoed in debates over a fully renewable grid by 2030 elsewhere. And she’s not the only top member of her party to say so.

“If it’s all just going to be passed along to the ratepayers — at some point, there’s a breaking point, and we don’t want to lose public support for this agenda,” state Comptroller Tom DiNapoli, a Democrat, warned in an interview.

 

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To Limit Climate Change, Scientists Try To Improve Solar And Wind Power

Wisconsin Solar and Wind Energy advances as rooftop solar, utility-scale farms, and NREL perovskite solar cells improve efficiency; wind turbines gain via wake modeling, yaw control, and grid-scale battery storage to cut carbon emissions.

 

Key Points

It is Wisconsin's growth in rooftop and utility-scale solar plus optimized wind turbines to cut carbon emissions.

✅ Perovskite solar cells promise higher efficiency, need longevity

✅ Wake modeling and yaw control optimize wind farm output

✅ Batteries and bids can offset reliance on natural gas

 

Solar energy in Wisconsin continued to grow in 2019, as more homeowners had rooftop panels installed and big utilities started building multi-panel solar farms.

Wind power is increasing more slowly in the state. However, renewable power developers are again coming forward with proposals for multiple turbines.

Nationally, researchers are working on ways to get even more energy from solar and wind, with the U.S. moving toward 30% electricity from wind and solar in coming years, as states like Wisconsin aim to reduce their carbon emissions over the next few decades.

One reason solar energy is growing in Wisconsin is due to the silicon panels becoming more efficient. But scientists haven't finished trying to improve panel efficiency. The National Renewable Energy Laboratory (NREL) in Golden, Col., is one of the research facilities experimenting with brushing a lab-made solution called perovskite onto a portion of a panel called a solar cell.

In a demonstration video supplied by NREL, senior scientist Maikel van Hest said that, in the lab anyway, the painted cell and its electrical connections called contacts, produce more energy:

"There you go! That's how you paint a perovskite solar cell. And you imagine that ultimately what you could do is you could see a company come in with a truck in front of your house and they would basically paint on the contacts first, dry those, and paint the perovskite over it. That you would have photovoltaic cells on the side of your house, put protective coating on it, and we're done."

Another NREL scientist, David Moore, says the new solar cells could be made faster and help meet what's expected to be a growing global demand for energy. However, Moore says the problem has been lack of stability.

"A solar cell with perovskites will last a couple years. We need to get that to 20-25 years, and that's the big forefront in perovskite research, is getting them to last longer," Moore told members of the Society of Environmental Journalists during a recent tour of NREL.

Another part of improving renewable energy is making wind turbines more productive. At NREL's Insight Center, a large screen showing energy model simulations dominates an otherwise darkened room. Visualization scientist Nicholas Brunhart-Lupo points to a display on the screen that shows how spinning turbines at one edge of a wind farm can cause an airflow called a wake, which curtails the power generation of other turbines.

"So what we find in these simulations is these four turbines back here, since they have this used air, this low-velocity wake being blown to their faces, they're only generating about 20% of the energy they should be generating," he explains.

Brunhart-Lupo says the simulations can help wind farm developers with placement of turbines as well as adjustments to the rotor and blades called the yaw system.

Continued progress with renewables may be vital to any state or national pledges to reduce use of fossil fuels and carbon emissions linked to climate change, including Biden's solar expansion plan as a potential pathway. Some scientists say to limit a rise in global temperature, there must be a big decline in emissions by 2050.

But even utilities that say they support use of more renewables, as why the grid isn't 100% renewable yet makes clear, aren't ready to let go of some energy sources. Jonathan Adelman of Xcel Energy, which serves part of Western Wisconsin, says Xcel is on track to close its last two coal-fired power plants in Minnesota. But he says the company will need more natural gas plants, even though they wouldn't run as often.

"It's not perfect. And it is in conflict with our ultimate goal of being carbon-free," says Adelman. "But if we want to facilitate the transition, we still need resources to help that happen."

Some in the solar industry would like utilities that say they need more natural gas plants to put out competitive bids to see what else might be possible. Solar advocates also note that in some states, energy regulators still favor the utilities.

Meanwhile, solar slowly marches ahead, including here in southeastern Wisconsin, as Germany's solar power boost underscores global momentum.

On the roof of a ranch-style home in River Hills, a work crew from the major solar firm Sunrun recently installed mounting brackets for solar panels.

Sunrun Public Policy Director Amy Heart says she supports research into more efficient renewables. But she says another innovation may have to come in the way regulators think.

"Instead of allowing and thinking about from the perspective of the utility builds the power plant, they replace one plant with another one, they invest in the infrastructure; is really thinking about how can these distributed solutions like rooftop solar, peer-to-peer energy sharing, and especially rooftop solar paired with batteries how can that actually reduce some of what the utility needs?

Large-scale energy storage batteries are already being used in some limited cases. But energy researchers continue to make improvements to them, too, with cheap solar batteries beginning to make widespread adoption more feasible as scientists race to reduce the expected additional harm of climate change.

 

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Texas Weighs Electricity Market Reforms To Avoid Blackouts

Texas PUC Electricity Market Reforms aim to boost grid reliability, support ERCOT resilience, pay standby generators, require capacity procurement, and mitigate blackout risk, though analysts warn higher consumer bills and winter reserve margin deficits.

 

Key Points

PUC proposals to bolster ERCOT reliability via standby capacity, capacity procurement, and measures to reduce blackout risk.

✅ Pays generators for standby capacity during grid stress

✅ Requires capacity procurement to meet forecast demand

✅ Could raise consumer bills despite reliability gains

 

The Public Utility Commission of Texas is discussing major reforms to the state’s electricity market with the purpose to avoid a repeat of the power failures and blackouts during the February 2021 winter storm, which led to the death of more than 100 people and left over 11 million residents without electricity for days.

The regulator is discussing at a meeting on Thursday around a dozen proposals to make the grid more stable and reliable in case of emergencies. Proposals include paying power generators that are on standby when the grid needs backup, and requiring companies to pre-emptively buy capacity to meet future demand.

It is not clear yet how many and which of the proposals for electricity market reforms PUC will endorse today, while Texans vote on funding to modernize electricity generation later this year.

Analysts and consumer protection bodies warn that the measures will raise the energy bills for consumers, as some electricity market bailout ideas shift costs to ratepayers as well.

“Customers will be paying for more, but will they be getting more reliability?” Michael Jewell, an attorney with Jewell & Associates PLLC who represents clients at PUC proceedings, told Bloomberg.

“This is going to take us further down a path that’s going to increase cost to consumers, we better be darn sure these are the right choices,” Tim Morstad, Associate State Director, AARP Texas, told FOX 4 NEWS.

Last month, a report by the North American Electric Reliability Corp warned that the Texas power grid remained vulnerable to blackouts in case of a repeat of this year’s February Freeze.

Beyond Texas, electricity blackout risks have been identified across the U.S., underscoring the stakes for grid planning.

According to the 2021-2022 Winter Reliability Assessment report, Texas risks a 37-percent reserve margin deficit in case of a harsh winter, with ERCOT moving to procure capacity to address winter concerns, NERC said.

A reserve margin is the reserve of power generation capacity comparative to demand. The expected reserve margin for Texas for this winter, according to NERC, is 41.9 percent. Yet if another cold spell hits the state, it would affect this spare capacity, pushing the margin deeply into negative territory.

 

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Canada's First Commercial Electric Flight

Canada's First Commercial Electric Flight accelerates sustainable aviation, showcasing electric aircraft, pilot training, battery propulsion, and noise reduction, aligning with net-zero goals and e-aviation innovation across commercial, regional, and training operations.

 

Key Points

Canada's electric flight advances sustainable aviation, proving e-aircraft viability and pilot training readiness.

✅ Battery-electric propulsion cuts emissions and noise

✅ New curricula prepare pilots for electric systems and procedures

✅ Supports net-zero goals through green aviation infrastructure

 

Canada, renowned for its vast landscapes and pioneering spirit, has achieved a significant milestone in aviation history with its first commercial electric flight. This groundbreaking achievement marks a pivotal moment in the transition towards sustainable aviation and an aviation revolution for the sector, highlighting Canada's commitment to reducing carbon emissions and embracing innovative technologies.

The inaugural commercial electric flight in Canada not only showcases the capabilities of electric aircraft, with examples like Harbour Air's prototype flight demonstrating feasibility, but also underscores the importance of pilot training in advancing e-aviation. As the aviation industry explores cleaner and greener alternatives to traditional fossil fuel-powered aircraft, pilot training plays a crucial role in preparing aviation professionals for the future of sustainable flight.

Electric aircraft, powered by batteries instead of conventional jet fuel, offer numerous environmental benefits, including lower greenhouse gas emissions and reduced noise pollution, though Canada's 2019 electricity mix still included some fossil generation that can affect lifecycle impacts. These advantages align with Canada's ambitious climate goals and commitment to achieving net-zero emissions by 2050. By investing in e-aviation, Canada aims to lead by example in the global effort to decarbonize the aviation sector and mitigate the impacts of climate change.

The success of Canada's first commercial electric flight is a testament to collaborative efforts between industry stakeholders, government support, and technological innovation. Electric aircraft manufacturers have made significant strides in developing reliable and efficient electric propulsion systems, with research investment helping advance prototypes and certification, paving the way for broader adoption of e-aviation across commercial and private sectors.

Pilot training programs tailored for electric aircraft are crucial in ensuring the safe and effective operation of these advanced technologies, as operators target first electric passenger flights across regional routes. Canadian aviation schools and training institutions are at the forefront of integrating e-aviation into their curriculum, equipping future pilots with the skills and knowledge needed to navigate electric aircraft systems and procedures.

Moreover, the introduction of commercial electric flights in Canada opens new opportunities for aviation enthusiasts, environmental advocates, and stakeholders interested in sustainable transportation solutions. The shift towards e-aviation represents a paradigm shift in how air travel is perceived and executed, emphasizing efficiency, environmental stewardship, and technological innovation.

Looking ahead, Canada's role in advancing e-aviation extends beyond pilot training to include research and development, infrastructure investment, and policy support. Collaborative initiatives with industry partners and international counterparts, including Canada-U.S. collaboration on electrification, will be essential in accelerating the adoption of electric aircraft and establishing a robust framework for sustainable aviation practices.

In conclusion, Canada's first commercial electric flight marks a significant milestone in the journey towards sustainable aviation. By pioneering e-aviation through pilot training and technological innovation, Canada sets a precedent for global leadership in reducing carbon emissions and shaping the future of air transportation. As electric aircraft become more prevalent in the skies, Canada's commitment to sustainability and ambitious EV goals at the national level will continue to drive progress towards a cleaner, greener future for aviation worldwide.

 

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As New Zealand gets serious about climate change, can electricity replace fossil fuels in time?

New Zealand Energy Transition will electrify transport and industry with renewables, grid-scale solar, wind farms, geothermal, batteries, demand response, pumped hydro, and transmission upgrades to manage dry-year risk and winter peak loads.

 

Key Points

A shift to renewables and smart demand to decarbonise transport and industry while ensuring reliable, affordable power.

✅ Electrifies transport and industrial heat with renewables

✅ Uses demand response, batteries, and pumped hydro for resilience

✅ Targets 99%+ renewable supply, managing dry-year and peak loads

 

As fossil fuels are phased out over the coming decades, the Climate Change Commission (CCC) suggests electricity will take up much of the slack, aligning with the vision of a sustainable electric planet powering our vehicle fleet and replacing coal and gas in industrial processes.

But can the electricity system really provide for this increased load where and when it is needed? The answer is “yes”, with some caveats.

Our research examines climate change impacts on the New Zealand energy system. It shows we’ll need to pay close attention to demand as well as supply. And we’ll have to factor in the impacts of climate change when we plan for growth in the energy sector.

 

Demand for electricity to grow
While electricity use has not increased in NZ in the past decade, many agencies project steeply rising demand in coming years. This is partly due to both increasing population and gross domestic product, but mostly due to the anticipated electrification of transport and industry, which could result in a doubling of demand by mid-century.

It’s hard to get a sense of the scale of the new generation required, but if wind was the sole technology employed to meet demand by 2050, between 10 and 60 new wind farms would be needed nationwide.

Of course, we won’t only build wind farms, as renewables are coming on strong and grid-scale solar, rooftop solar, new geothermal, some new small hydro plant and possibly tidal and wave power will all have a part to play.

 

Managing the demand
As well as providing more electricity supply, demand management and batteries will also be important. Our modelling shows peak demand (which usually occurs when everyone turns on their heaters and ovens at 6pm in winter) could be up to 40% higher by 2050 than it is now.

But meeting this daily period of high demand could see expensive plant sitting idle for much of the time (with the last 25% of generation capacity only used about 10% of the time).

This is particularly a problem in a renewable electricity system when the hydro lakes are dry, as hydro is one of the few renewable electricity sources that can be stored during the day (as water behind the dam) and used over the evening peak (by generating with that stored water).

Demand response will therefore be needed. For example, this might involve an industrial plant turning off when there is too much load on the electricity grid.

 

But by 2050, a significant number of households will also need smart appliances and meters that automatically use cheaper electricity at non-peak times. For example, washing machines and electric car chargers could run automatically at 2am, rather than 6pm when demand is high.

Our modelling shows a well set up demand response system could mitigate dry-year risk (when hydro lakes are low on water) in coming decades, where currently gas and coal generation is often used.

Instead of (or as well as) having demand response and battery systems to combat dry-year risk, a pumped storage system could be built. This is where water is pumped uphill when hydro lake inflows are plentiful, and used to generate electricity during dry periods.

The NZ Battery project is currently considering the potential for this in New Zealand, and debates such as whether we would use Site C's electricity offer relevant lessons.

 

Almost (but not quite) 100% renewable
Dry-year risk would be greatly reduced and there would be “greater greenhouse gas emissions savings” if the Interim Climate Change Committee’s (ICCC) 2019 recommendation to aim for 99% renewable electricity was adopted, rather than aiming for 100%.

A small amount of gas-peaking plant would therefore be retained. The ICCC said going from 99% to 100% renewable electricity by overbuilding would only avoid a very small amount of carbon emissions, at a very high cost.

Our modelling supports this view. The CCC’s draft advice on the issue also makes the point that, although 100% renewable electricity is the “desired end point”, timing is important to enable a smooth transition.

Despite these views, Energy Minister Megan Woods has said the government will be keeping the target of a 100% renewable electricity sector by 2030.

 

Impacts of climate change
In future, the electricity system will have to respond to changing climate patterns as well, becoming resilient to climate risks over time.

The National Institute of Water and Atmospheric Research predicts winds will increase in the South Island and decrease in the far north in coming decades.

Inflows to the biggest hydro lakes will get wetter (more rain in their headwaters), and their seasonality will change due to changes in the amount of snow in these catchments.

Our modelling shows the electricity system can adapt to those changing conditions. One good news story (unless you’re a skier) is that warmer temperatures will mean less snow storage at lower elevations, and therefore higher lake inflows in the big hydro catchments in winter, leading to a better match between times of high electricity demand and higher inflows.

 

The price is right
The modelling also shows the cost of generating electricity is not likely to increase, because the price of building new sources of renewable energy continues to fall globally.

Because the cost of building new renewables is now cheaper than non-renewables (such as coal-fired plants), investing in carbon-free electricity is increasingly compelling, and renewables are more likely to be built to meet new demand in the near term.

While New Zealand’s electricity system can enable the rapid decarbonisation of (at least) our transport and industrial heat sectors, international efforts like cleaning up Canada's electricity underline the need for certainty so the electricity industry can start building to meet demand everywhere.

Bipartisan cooperation at government level will be important to encourage significant investment in generation and transmission projects with long lead times and life expectancies, as analyses of climate policy and grid implications underscore in comparable markets.

Infrastructure and markets are needed to support demand response uptake, as well as certainty around the Tiwai exit in 2024 and whether pumped storage is likely to be built.

Our electricity system can support the rapid decarbonisation needed if New Zealand is to do its fair share globally to tackle climate change.

But sound planning, firm decisions and a supportive and relatively stable regulatory framework are all required before shovels can hit the ground.

 

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Energy UK - Switching surge continues

UK Energy Switching Surge sees 600,000 customers change suppliers in October, driven by competition, the Energy Switch Guarantee, and better tariffs, with Electralink's DTN supporting customer switching and Ofgem oversight.

 

Key Points

A rise in UK customers switching electricity suppliers in October, driven by competition and the Energy Switch Guarantee.

✅ 600,000 switches recorded in October

✅ 32% moved to small and mid-tier suppliers

✅ Energy Switch Guarantee assures simple, safe transfers

 

More than 600,000 customers took steps to save on their energy bills this winter by switching electricity provider in October, as forecasts such as a 16% bill decrease in April offer further encouragement, the latest figures from Energy UK reveal.

A third (32 per cent) of those changing providers in October moved to small and mid-tier suppliers.

Regional markets have seen changes too, including Irish electricity price increases that highlight wider cost pressures.

With recent research showing that that nine in ten energy switchers were happy with the process of changing suppliers and with the reassurance provided by the Energy Switch Guarantee - a series of commitments ensuring switches are simple, speedy and safe - and amid MPs proposing price restrictions to protect consumers, more and more customers are now confident when looking to move.

Lawrence Slade, chief executive of Energy UK said: 'Switching continues to surge with over 600,000 customers changing supplier to find a better deal last month. Many more will have made savings by checking they are on the best deal with their current supplier. It only takes a few minutes to do this and with over 55 suppliers across the market, there's never been more competition or choice.'

Around 75 per cent of the market are signatories of the Guarantee. This includes: British Gas, Bulb Energy, E.ON, EDF Energy, First Utility, Flow Energy, npower, Octopus Energy, Pure Planet, Sainsbury's Energy, Scottish Power, So Energy and Tonik Energy.

The switching data is supplied by Electralink who provides a secure service to transfer data between the electricity market participants. The company operates the Data Transfer Network (DTN) which underpins customer switching, meter interoperability and other business processes critical to a competitive electricity market, where knowing where your electricity comes from can support informed choices.

The data referenced in these reports is since our collection of data only and is for electricity only.

These figures do not include internal electricity switching, and statistics on this from the larger suppliers and on Standard Variable Tariffs can be viewed on the Ofgem website, while ministers consider ending the gas-electricity price link to reduce bills.

 

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