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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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WA $600 Electricity Credit supports households with power bills as a budget stimulus, delivering an automatic rebate via Synergy and Horizon, funded by the Bell Group settlement to aid COVID-19 recovery and local spending.

Key Points

A one-off $600 power bill credit for all Synergy and Horizon residential accounts, funded by the Bell Group settlement.

✅ Automatic, not means-tested; applied to Synergy and Horizon accounts.

✅ Can offset upcoming bills or carry forward to future statements.

✅ Funded by Bell Group payout; aims to ease cost-of-living pressures.

Washington Premier Mark McGowan has announced more than a million households will receive a $600 electricity credit on their electricity account before their next bill.

The $650 million measure will form part of Thursday's pre-election state budget, similar to legislation to lower electricity rates in other jurisdictions, which has been delayed since May because of the pandemic and will help deflect criticism by the opposition that Labor hasn't done enough to stimulate WA's economy.

Mr McGowan made the announcement on Sunday while visiting a family in the electorate of Bicton.

"Here in WA, our state is in the best possible position as we continue our strong recovery from COVID-19, but times are still tough for many West Australians, and there is always more work to do," he said.

"[The credit] will mean WA families have a bit of extra money available in the lead up to Christmas.

"But I have a request, if this credit means you can spend some extra money, use it to support our local WA businesses."

The electricity bill credit will be automatically applied to every Synergy or Horizon residential account from Sunday, echoing moves such as reconnections for nonpayment by Hydro One in Canada.

It can be applied to future bills and will not be means tested.

"The $600 credit is fully funded through the recent Bell Group settlement, for the losses incurred in the Bell Group collapse in the early 1990s," Mr McGowan said.

"It made sense that these funds go straight back to Western Australians."

In September, the liquidator for the Bell Group and its finance arm distributed funds to its five major creditors, including $670 million to the WA government. The payment marked the close of the 30-year battle to recover taxpayer funds squandered during the WA Inc era of state politics.

The payout is the result of litigation stemming from the 1988 partnership between then Labor government and entrepreneur Alan Bond in acquiring major interests in Robert Holmes à Court’s failing Bell Group, following the 1987 stock market crash.

WA shadow minister for cost of living, Tony Krsticevic, said the $600 credit was returning money back into West Australian's pockets from "WA Labor's darkest days".

“This is taxpayers’ money out of a levy which was brought in to pay for Labor’s scandalous WA Inc losses of $450 million in the 1980s,” he said.

“This money should be returned to West Australians.

“WA families are in desperate need of it because they are struggling under cost of living increases of $850 every year since 2017 under WA Labor, amid concerns elsewhere that an electricity recovery rate could lead to higher hydro bills.

“But they need more than just a one-off payment. These $850 cost of living increases are an on-going burden.”

Prior to the onset of the coronavirus pandemic, the opposition believed it was gaining traction by attacking the government's increases to fees and charges in its first three budgets, and by urging an electricity market overhaul to favor consumers.

Last year, Labor increased household fees and charges by $127.77, which came on top of increases over the prior two budgets, as other jurisdictions faced hydro rate increases of around 3 per cent.

According the state's annual report on its finances released in September, the $2.6 billion budget surplus forecast in the at the end of 2019 had been reduced by $920 million to $1.7 billion despite the impact of the coronavirus.

But total public sector net debt was at $35.4 billion, down from the $36.1 billion revision at the end of 2019 in the mid-year review.

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Canadian Industrial IoT Cybersecurity Standards aim to unify device security for utilities, smart grids, SCADA, and OT systems, aligning with NERC CIP, enabling certification, trust marks, compliance testing, and safer energy sector deployments.

Key Points

National standards to secure industrial IoT for utilities and grids, enabling certification and NERC CIP alignment.

✅ Aligns with NERC CIP and NIST frameworks for energy sector security

✅ Defines certification, testing tools, and a trusted device repository

✅ Enhances OT, SCADA, and smart grid resilience against cyber threats

The Canadian energy sector has been buying Internet-connected sensors for monitoring a range of activities in generating plants, distribution networks facing harsh weather risks and home smart meters for several years. However, so far industrial IoT device makers have been creating their own security standards for devices, leaving energy producers and utilities at their mercy.

The industry hopes to change that by creating national cybersecurity standards for industrial IoT devices, with the goal of improving its ability to predict, prevent, respond to and recover from cyber threats, such as emerging ransomware attacks across the grid.

To help, the federal government today announced an $818,000 grant support a CIO Strategy Council project oversee the setting of standards.

In an interview council executive director Keith Jansa said the money will help a three-year effort that will include holding a set of cross-country meetings with industry, government, academics and interest groups to create the standards, tools to be able to test devices against the standards and the development of product repository of IoT safe devices companies can consult before making purchases.

“The challenge is there are a number of these devices that will be coming online over the next few years,” Jansa said. “IoT devices are designed for convenience and not for security, so how do you ensure that a technology an electricity utility secures is in fact safeguarded against cyber threats? Currently, there is no associated trust mark or certification that gives confidence associated with these devices.”

He also said the council will work with the North American Electric Reliability Corporation (NERC), which sets North American-wide utility safety procedural standards and informs efforts on protecting the power grid across jurisdictions. The industrial IoT standards will be product standards.

According to Robert Wong, vice-president and CIO of Toronto Hydro, all the big provincial utilities are subject to adhering to NERC CIP standards which have requirements for both cyber and physical security. Ontario is different from most provinces in that it has local distribution companies — like Toronto Hydro — which buy electricity in bulk and resell it to customers.  These LDCs don’t own or operate critical infrastructure and therefore don’t have to follow the NERC CIP standards.

Regional reforms, such as regulatory changes in Atlantic Canada, aim to bring greener power options to the grid.

Electricity is considered around the world as one of a country’s critical national infrastructure. Threats to the grid can be used for ransom or by a country for political pressure. Ukraine had its power network knocked offline in 2015 and 2016 by what were believed to be Russian-linked attackers operating against utilities.

All the big provincial utilities operate “critical infrastructure” and are subject to adhering to NERC CIP (critical infrastructure protection) standards, which have requirements for both cyber and physical security, as similar compromises at U.S. electric utilities have highlighted recently.  There are audited on a regular basis for compliance and can face hefty fines if they fail to meet the requirements.  The LDCs in Ontario don’t own or operate “critical infrastructure” and therefore are not required to adopt NERC CIP standards (at least for now).

The CIO Strategy Council is a forum for chief information officers that is helping set standards in a number of areas. In January it announced a partnership with the Internet Society’s Canada Chapter to create standards of practice for IoT security for consumer devices. As part of the federal government’s updated national cybersecurity strategy it is also developing a national cybersecurity standard for small and medium-sized businesses. That strategy would allow SMBs to advertise to customers that they meet minimum security requirements.

“The security of Canadians and our critical infrastructure is paramount,” federal minister of natural resources Seamus O’Regan said in a statement with today’s announcement. “Cyber attacks are becoming more common and dangerous. That’s why we are supporting this innovative project to protect the Canadian electricity sector.”

The announcement was welcomed by Robert Wong, Toronto Hydro’s vice-president and CIO. “Any additional investment towards strengthening the safeguards against cyberattacks to Canada’s critical infrastructure is definitely good news.  From the perspective of the electricity sector, the convergence of IT and OT (operational technology) has been happening for some time now as the traditional electricity grid has been transforming into a Smart Grid with the introduction of smart meters, SCADA systems, electronic sensors and monitors, smart relays, intelligent automated switching capabilities, distributed energy resources, and storage technologies (batteries, flywheels, compressed air, etc.).

“In my experience, many OT device and system manufacturers and vendors are still lagging the traditional IT vendors in incorporating Security by Design philosophies and effective security features into their products.  This, in turn, creates greater risks and challenges for utilities to protecting their critical infrastructures and ensuring a reliable supply of electricity to its customers.”

The Ontario Energy Board, which regulates the industry in the province, has led an initiative for all utilities to adopt the National Institute of Standards and Technology (NIST) Cybersecurity Framework, along with the ES-C2M2 maturity and Privacy By Design models, he noted.  Toronto Hydro has been managing its cybersecurity practice in adherence to these standards, as the city addresses growing electricity needs as well, he said.

“Other jurisdictions, such as Israel, have invested heavily on a national level in developing its cybersecurity capabilities and are seen as global leaders.  I am confident that given the availability of talent, capabilities and resources in Canada (especially around the GTA) if we get strong support and leadership at a federal level we can also emerge as a leader in this area as well.”

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Tesla Electric UK Expansion signals retail energy entry, leveraging Powerwall VPPs for grid services, dynamic pricing, and energy trading, building on Texas success and Octopus Energy ties to buy and sell electricity automatically.

Key Points

Tesla's plan to launch Tesla Electric in the UK, using Powerwall VPPs to retail energy, trade power, and hedge peaks.

✅ Retail energy model built on Powerwall VPP aggregation

✅ Automated buy-sell arbitrage with dynamic pricing

✅ Leverages prior UK approval and Octopus Energy ties

According to a new job posting, Tesla Electric, Tesla’s new electric utility division, is preparing to expand in the United Kingdom as regions such as California grid planners look to electric vehicles for stability to manage demand.

Late last year, after gaining experience through its virtual power plants (VPPs), including response during California blackouts that pressured the grid, Tesla took things a step further with the launch of “Tesla Electric.”

Instead of reacting to specific “events” and providing services to your local electric utilities through demand response programs, as Tesla Powerwall owners have done in VPPs in California, Tesla Electric is actively and automatically buying and selling electricity for Tesla Powerwall owners – providing a buffer against peak prices.

The company is essentially becoming an energy retailer, aligning with a major future for its energy business envisioned by leadership.

Tesla Electric is currently only available to Powerwall owners in Texas, but the company has plans to expand its products through this new division.

We recently reported on Tesla Electric customers in Texas making as much as $150 a day selling electricity back to the grid through the program.

Now Tesla is looking to expand Tesla Electric to the UK, where grid capacity for rising EV demand remains a key consideration.

The company has listed a new job posting for a role called “Head of Operations, Tesla Electric – Retail Energy.”

This has been in the works for a while now. Tesla used to have a partnership with Octopus Energy in the UK for special electricity rates for its owners, during a period when UK EV inquiries surged amid a fuel supply crisis, but it seemed to be a stepping stone before it would itself become an energy provider in the market.

In 2020, Tesla was officially approved as an electricity retailer in the UK. Now it looks like Tesla is going to use this approval with the launch of Tesla Electric.
 

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GE Wind Turbine Collapse Brazil raises safety concerns at Omega Energia's Delta VI wind farm in Maranhe3o, with GE Renewable Energy probing root-cause of turbine failure after a worker injury and similar incidents in 2024.

Key Points

An SEO focus on the Brazil GE turbine collapse, its causes, safety investigation, and related 2024 incidents.

✅ Incident at Omega Energia's Delta VI, Maranhao; one worker injured

✅ GE Renewable Energy conducts root-cause investigation and containment

✅ Fifth GE turbine collapse in 2024 across Brazil and the United States

A GE Renewable Energy turbine collapsed at a wind farm in north-east Brazil, injuring a worker and sparking a probe into the fifth such incident this year, the manufacturer confirmed.

One of the manufacturer’s GE 2.72-116 turbines collapsed at Omega Energia’s Delta VI project in Maranhão, which was commissioned in 2018.

Three GE employees were on site at the time of the collapse on Tuesday (3 September), the US manufacturer confirmed, even as U.S. offshore wind developers signal growing competitiveness with gas. 

One worker was injured and is currently receiving medical treatment, GE added.

"We are working to determine the root cause of this incident and to provide proper support as needed," it said

The turbine collapse in Brazil is the fifth such incident involving GE turbines this year, even as the UK's biggest offshore windfarm begins power supply this week, underscoring broader sector momentum.

On 16 February, a turbine collapsed at NextEra Energy Resources’ Casa Mesa wind farm in New Mexico, US, while giant wind components were being transported to a project in Saskatchewan, Canada. The site uses GE’s 2.3-116 and 2.5-127 models.

The New Mexico incident was followed by another collapse in the US — as a Scottish North Sea wind farm resumed construction after Covid-19 — this time a GE 2.4-107 unit at Tradewind Energy’s Chisholm View 2 project in Oklahoma on 21 May.

Two GE turbines then collapsed at projects in July: a 2.5-116 unit at Invenergy’s Upstreamwind farm in Nebraska on 5 July, followed by a 1.7-103 model at the Actis Group-owned Ventos de São Clemente complex in Pernambuco, north-eastern Brazil, even as tidal power in Scotland generated enough electricity to power nearly 4,000 homes.

No employees were injured in the first four turbine collapses of the year, in contrast with concerns at a Hawaii geothermal plant over potential meltdown risk.

In response to the latest incident, GE Renewable Energy added: "It is too early to speculate about the root cause of this week’s turbine collapse.

"Based on our learnings from the previous turbine collapses, we have teams in place focused on containing and resolving these issues quickly, to ensure the safe and reliable operation of our turbines."

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ESCC COVID-19 Response coordinates utilities, public power, and cooperatives to protect the energy grid and electricity reliability, aligning with DOE, DHS, CDC, FERC, and NERC on continuity of operations, mutual assistance, and supply chain resilience.

Key Points

An industry government effort ensuring reliability, operations continuity and supply chain stability during COVID-19.

✅ Twice weekly ESCC calls align DOE, DHS, HHS, CDC, FERC, NERC priorities.

✅ Focus on control centers, generation, quarantine access, mutual aid.

✅ Resource Guide supports localized decisions and supply chain resilience.

The nation’s investor-owned electric companies, public power utilities, and electric cooperatives are working together to protect the energy grid as the U.S. grid addresses COVID-19 challenges and ensure continued access to safe and reliable electricity during the COVID-19 global health crisis.

The electric power industry has been planning for years, including extensive disaster planning across utilities, for an emergency like the COVID-19 pandemic, as well as countless other types of emergencies, and the industry is coordinating closely with government partners through the Electricity Subsector Coordinating Council (ESCC) to ensure that organizations have the resources they need to keep the lights on.

The ESCC is holding high-level coordination calls twice a week with senior leadership from the Departments of Energy, Homeland Security, and Health and Human Services, the Centers for Disease Control and Prevention, the Federal Energy Regulatory Commission, and the North American Electric Reliability Corporation. These calls help ensure that industry and government work together to resolve any challenges that arise during this health emergency and that electricity remains safe for customers.

“Electricity and the energy grid are indispensable to our society, and one of our greatest strengths as an industry is our ability to convene and adapt quickly to changing circumstances and challenging events,” said Edison Electric Institute President Tom Kuhn. “Our industry plans for all types of contingencies, with examples such as local response planning, and strong industry-government coordination and cross-sector collaboration are critical to our planning and response. We appreciate the ongoing leadership and support of our government partners as we all respond to COVID-19 and power through this crisis together.”

The ESCC quickly mobilized and established strategic working groups dedicated to identifying and solving for short-, medium-, and long-term issues facing the industry during the COVID-19 pandemic, with utilities implementing necessary precautions to maintain service across regions.

The five current areas of focus are:

1. Continuity of operations at control centers, including on-site staff lockdowns when needed
2. Continuity of operations at generation facilities
3. Access to, and operations in, restricted or quarantined areas
4. Protocols for mutual assistance
5. Supply chain challenges

“The electric power industry has taken steps to prepare for the evolving coronavirus challenges, while maintaining our commitment to the communities we serve, including customer relief efforts announced by some providers,” said National Rural Electric Cooperative Association CEO Jim Matheson. “We have a strong track record of preparing for many kinds of emergencies that could impact the ability to generate and deliver electricity. While planning for this situation is unique from other business continuity planning, we are taking actions to prepare to operate with a smaller workforce, potential disruptions in the supply chain, and limited support services for an extended period of time.”

The ESCC has developed a COVID-19 Resource Guide linked here and available at electricitysubsector.org. This document was designed to support electric power industry leaders in making informed localized decisions in response to this evolving health crisis. The guide will evolve as additional recommended practices are identified and as more is learned about appropriate mitigation strategies.

“The American Public Power Association (APPA) continues to work with our communityowned public power members and our industry and government partners to gather and share upto-date information, best practices, and guidance to support them in safely maintaining operational integrity,” said APPA CEO Joy Ditto.

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