Northeast US/Canada winter power adequate-NPCC

Electricity System Climate Resilience underpins grid reliability amid heatwaves and drought, integrating solar, wind, hydropower, nuclear, storage, and demand response with efficient transmission, flexibility, and planning to secure power for homes, industry, and services.

Key Points

Power systems capacity to endure extreme weather and integrate clean energy, maintaining reliability and flexibility.

✅ Grid hardening, transmission upgrades, and digital forecasting.

✅ Flexible low-carbon supply: hydropower, nuclear, storage.

✅ Demand response, efficient cooling, and regional integration.

Summer is just half done in the northern hemisphere and yet we are already seeing electricity systems around the world struggling to cope with the severe strain of heatwaves and low rainfall.

These challenges highlight the urgent need for strong and well-planned policies and investments to improve the security of our electricity systems, which supply power to homes, offices, factories, hospitals, schools and other fundamental parts of our economies and societies. This means making our electricity systems more resilient to the effects of global warming – and more efficient and flexible as they incorporate rising levels of solar and wind power, as solar is now the cheapest electricity in history according to the IEA, which will be critical for reaching net-zero emissions in time to prevent even worse impacts from climate change.

A range of different countries, including the US, Canada and Iraq, have been hard hit by extreme weather recently in the form of unusually high temperatures. In North America, the heat soared to record levels in the Pacific Northwest. An electricity watchdog says that five US regions face elevated risks to the security of their electricity supplies this summer, underscoring US grid climate risks that could worsen, and that California’s risk level is even higher.

Heatwaves put pressure on electricity systems in multiple ways. They increase demand as people turn up air conditioning, driving higher US electricity bills for many households, and as some appliances work harder to maintain cool temperatures. At the same time, higher temperatures can also squeeze electricity supplies by reducing the efficiency and capacity of traditional thermal power plants, such as coal, natural gas and nuclear. Extreme heat can reduce the availability of water for cooling plants or transporting fuel, forcing operators to reduce their output. In some cases, it can result in power plants having to shut down, increasing the risk of outages. If the heat wave is spread over a wide geographic area, it also reduces the scope for one region to draw on spare capacity from its neighbours, since they have to devote their available resources to meeting local demand.

A recent heatwave in Texas forced the grid operator to call for customers to raise their thermostats’ temperatures to conserve energy. Power generating companies suffered outages at much higher rates than expected, providing an unwelcome reminder of February’s brutal cold snap when outages – primarily from natural gas power plants – left up to 5 million customers across the US without power over a period of four days.

At the same time, lower than average rainfall and prolonged dry weather conditions are raising concerns about hydropower’s electricity output in various parts of the world, including Brazil, China, India and North America. The risks that climate change brings in the form of droughts adds to the challenges faced by hydropower, the world’s largest source of clean electricity, highlighting the importance of developing hydropower resources sustainably and ensuring projects are climate resilient.

The recent spate of heatwaves and unusually long dry spells are fresh warnings of what lies ahead as our climate continues to heat up: an increase in the scale and frequency of extreme weather events, which will cause greater impacts and strains on our energy infrastructure.

Heatwaves will increase the challenge of meeting electricity demand while also decarbonizing the electricity supply. Today, the amount of energy used for cooling spaces – such as homes, shops, offices and factories – is responsible for around 1 billion tonnes of global CO2 emissions. In particular, energy for cooling can have a major impact on peak periods of electricity demand, intensifying the stress on the system. Since the energy demand used for air conditioners worldwide could triple by 2050, these strains are set to grow unless governments introduce stronger policy measures to improve the energy efficiency of air conditioning units.

Electricity security is crucial for smooth energy transitions
Many countries around the world have announced ambitious targets for reaching net-zero emissions by the middle of this century and are seeking to step up their clean energy transitions. The IEA’s recent Global Roadmap to Net Zero by 2050 makes it clear that achieving this formidable goal will require much more electricity, much cleaner electricity and for that electricity to be used in far more parts of our economies than it is today. This means electricity reaching much deeper into sectors such as transport (e.g. EVs), buildings (e.g. heat-pumps) and industry (e.g. electric-arc steel furnaces), and in countries like New Zealand's electrification plans it is accelerating broader efforts. As clean electricity’s role in the economy expands and that of fossil fuels declines, secure supplies of electricity become ever-more important. This is why the climate resilience of the electricity sector must be a top priority in governments’ policy agendas.

Changing climate patterns and more frequent extreme weather events can hit all types of power generation sources. Hydropower resources typically suffer in hot and dry conditions, but so do nuclear and fossil fuel power plants. These sources currently help ensure electricity systems have the flexibility and capacity to integrate rising shares of solar and wind power, whose output can vary depending on the weather and the time of day or year.

As governments and utilities pursue the decarbonization of electricity systems, mainly through growing levels of solar and wind, and carbon-free electricity options, they need to ensure they have sufficiently robust and diverse sources of flexibility to ensure secure supplies, including in the event of extreme weather events. This means that the possible decommissioning of existing power generation assets requires careful assessments that take into account the importance of climate resilience.

Ensuring electricity security requires long-term planning and stronger policy action and investment
The IEA is committed to helping governments make well-informed decisions as they seek to build a clean and secure energy future. With this in mind, here are seven areas for action for ensuring electricity systems are as resilient as possible to climate risks:

1. Invest in electricity grids to make them more resilient to extreme weather. Spending today is far below the levels needed to double the investment for cleaner, more electrified energy systems, particularly in emerging and developing economies. Economic recovery plans from the COVID-19 crisis offer clear opportunities for economies that have the resources to invest in enhancing grid infrastructure, but much greater international efforts are required to mobilize and channel the necessary spending in emerging and developing economies.

2. Improve the efficiency of cooling equipment. Cost-effective technology already exists in most markets to double or triple the efficiency of cooling equipment. Investing in higher efficiency could halve future energy demand and reduce investment and operating costs by $3 trillion between now and 2050. In advance of COP26, the Super-Efficient Equipment and Appliance Deployment (SEAD) initiative is encouraging countries to sign up to double the energy efficiency of equipment sold in their countries by 2030.

3. Enable the growth of flexible low-carbon power sources to support more solar and wind. These electricity generation sources include hydropower and nuclear, for countries who see a role for one or both of them in their energy transitions. Guaranteeing hydropower resilience in a warming climate will require sophisticated methods and tools – such as the ones implemented in Brazil – to calculate the necessary level of reserves and optimize management of reservoirs and hydropower output even in exceptional conditions. Batteries and other forms of storage, combined with solar or wind, can also provide important amounts of flexibility by storing power and releasing it when needed.

4. Increase other sources of electricity system flexibility. Demand-response and digital technologies can play an important role. The IEA estimates that only a small fraction of the huge potential for demand response in the buildings sector is actually tapped at the moment. New policies, which associate digitalization and financial behavioural incentives, could unlock more flexibility. Regional integration of electricity systems across national borders can also increase access to flexible resources.

5. Expedite the development and deployment of new technologies for managing extreme weather threats. The capabilities of electricity utilities in forecasting and situation awareness should be enhanced with the support of the latest information and communication technologies.

6. Make climate resilience a central part of policy-making and system planning. The interconnected nature of recent extreme weather events reminds us that we need to account for many contingencies when planning resilient power systems. Climate resilience should be integral to policy-making by governments and power system planning by utilities and relevant industries, and debates over Canadian climate policy underscore how grid implications must be considered. According to the recent IEA report on climate resilience, only nine out of 38 IEA member and association countries include concrete actions on climate adaptation and resilience for every segment of electricity systems.

7. Strengthen international cooperation on electricity security. Electricity underpins vital services and basic needs, such as health systems, water supplies and other energy industries. Maintaining a secure electricity supply is thus of critical importance. The costs of doing nothing in the face of growing climate threats are becoming abundantly clear. The IEA is working with all countries in the IEA family, as well as others around the world, by providing unrivalled data, analysis and policy advice on electricity security issues. It is also bringing governments together at various levels to share experiences and best practices, and identify how to hasten the shift to cleaner and more resilient energy systems.

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Wind Turbine Cancer Claim debunked: Iowa Republican senators back wind energy as fact-checks and DOE research find no link between turbine noise and cancer, limited effects on property values, and manageable wildlife impacts.

Key Points

Claims that turbine noise causes cancer, dismissed by studies and officials as unsupported by evidence.

✅ Grassley and Ernst call the claim idiotic and ridiculous

✅ DOE studies find no cancer link; property impacts limited

✅ Wildlife impacts mitigated; climate change poses larger risks

President Donald Trump may not be a fan of wind turbines, as shown by his pledge to scrap offshore wind projects earlier, suggesting that the noise they produce may cause cancer, but Iowa's Republican senators are big fans of wind energy.

Sen. Chuck Grassley called Trump's cancer claim "idiotic." On Thursday, Sen. Joni Ernst called the statement "ridiculous."

"I would say it's ridiculous. It's ridiculous," Ernst said, according to WHO-TV.

She likened the claim that wind turbine noise causes cancer to the idea that church bells do the same.

"I have church bells that ring all the time across from my office here in D.C. and I know that noise doesn't give me cancer, otherwise I'd have 'church bell cancer,'" Ernst said, adding that she is "thrilled" to have wind energy generation in Iowa, which aligns with a quarter-million wind jobs forecast nationwide. "I don't know what the president is drawing from."

Trump has a history of degrading wind energy and wind turbines that dates back long before his Tuesday claim that turbines harm property values and cause cancer, and often overlooks Texas grid constraints that can force turbines offline at times.

Not only are wind farms disgusting looking, but even worse they are bad for people's health.

"Not only are wind farms disgusting looking, but even worse, they are bad for people's health," Trump tweeted back in 2012.

Repeated fact-checks have found no scientific evidence to support the claim that wind turbines and the noise they make can cause cancer. The White House has reportedly provided no evidence to support Trump's cancer claim when asked this week

"It just seems like every time you turn around there's another thing the president is saying -- wind power causes cancer, I associate myself with the remarks of Chairman Grassley -- it's an 'idiotic' statement," Pelosi said in her weekly news conference on Thursday.

The president made his latest claim about wind turbines in a speech on Tuesday at a Republican spring dinner, as the industry continued recovering from the COVID-19 crisis that hit solar and wind energy.

"If you have a windmill anywhere near your house, congratulations, your house just went down 75 percent in value -- and they say the noise causes cancer," Trump said Tuesday, swinging his arm in a circle and making a cranking sound to imitate the noise of windmill blades. "And of course it's like a graveyard for birds. If you love birds, you never want to walk under a windmill. It’s a sad, sad sight."

Wind turbines are not, in fact, proven to have widespread negative impacts on property values, according to the Department of Energy's Office of Scientific and Technical Information in the largest study done so far in the U.S., even as some warn that a solar ITC extension could be devastating for the wind market, and there is no peer-reviewed data to back up the claim that the noise causes cancer.

I am considered a world-class expert in tourism. When you say, 'Where is the expert and where is the evidence?' I say: I am the evidence.

It's true wildlife is affected by wind turbines -- particularly birds and bats, with research showing whooping cranes avoid turbines when selecting stopover sites. One study estimated between 140,000 and 328,000 birds are killed annually by collisions with turbines across the U.S. The U.S. Energy Information Administration estimated, however, that other human-related impacts also contribute to declines in population.

The wind industry works with biologists to find solutions to the impact of turbines on wildlife, and the Department of Energy awards grants each year to researchers addressing the issue, even as the sector faced pandemic investment risks in 2020. But, overall, scientists warn that climate change itself is a bigger threat to bird populations than wind turbines, according to the National Audobon Society.

Speaker Nancy Pelosi: "It just seems like every time you turn around, there's another thing. The president is saying wind power causes cancer. I associate myself with the remarks of Chairman Grassley; It's an 'idiotic' statement"

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Germany Nuclear Phase-Out drives policy amid gas supply risks, Nord Stream 1 shutdown fears, Russia dependency, and energy security planning, as Robert Habeck rejects extending reactors, favoring coal backup, storage, and EU diversification strategies.

Key Points

Ending Germany's last reactors by year end despite gas risks, prioritizing storage, coal backup, and EU diversification.

✅ Reactors' legal certification expires at year end

✅ Minimal gas savings from extending nuclear capacity

✅ Nord Stream 1 cuts amplify energy security risks

Germany’s vice-chancellor has defended the government’s commitment to ending the use of nuclear power at the end of this year, amid fears that Russia may halt natural gas supplies entirely.

Vice-Chancellor Robert Habeck, who is also the economy and climate minister and is responsible for energy, argued that keeping the few remaining reactors running would do little to address the problems caused by a possible natural gas shortfall.

“Nuclear power doesn’t help us there at all,” Habeck, said at a news conference in Vienna on Tuesday. “We have a heating problem or an industry problem, but not an electricity problem – at least not generally throughout the country.”

The main gas pipeline from Russia to Germany shut down for annual maintenance on Monday, as Berlin grew concerned that Moscow may not resume the flow of gas as scheduled.

The Nord Stream 1 pipeline, Germany’s main source of Russian gas, is scheduled to be out of action until July 21 for routine work that the operator says includes “testing of mechanical elements and automation systems”.

But German officials are suspicious of Russia’s intentions, particularly after Russia’s Gazprom last month reduced the gas flow through Nord Stream 1 by 60 percent.

Gazprom cited technical problems involving a gas turbine powering a compressor station that partner Siemens Energy sent to Canada for overhaul.

Germany’s main opposition party has called repeatedly to extend nuclear power by keeping the country’s last three nuclear reactors online after the end of December. There is some sympathy for that position in the ranks of the pro-business Free Democrats, the smallest party in Chancellor Olaf Scholz’s governing coalition.

In this year’s first quarter, nuclear energy accounted for 6 percent of Germany’s electricity generation and natural gas for 13 percent, both significantly lower than a year earlier. Germany has been getting about 35 percent of its gas from Russia.

Habeck said the legal certification for the remaining reactors expires at the end of the year and they would have to be treated thereafter as effectively new nuclear plants, complete with safety considerations and the likely “very small advantage” in terms of saving gas would not outweigh the complications.

Fuel for the reactors also would have to be procured and Scholz has said that the fuel rods are generally imported from Russia.

Opposition politicians have argued that Habeck’s environmentalist Green party, which has long strongly supported the nuclear phase-out, is opposing keeping reactors online for ideological reasons, even as some float a U-turn on the nuclear phaseout in response to the energy crisis.

Reducing dependency on Russia
Germany and the rest of Europe are scrambling to fill the gas storage in time for the northern hemisphere winter, even as Europe is losing nuclear power at a critical moment and reduce their dependence on Russian energy imports.

Prior to the Russian invasion of Ukraine, Berlin had said it considered nuclear energy dangerous and in January objected to European Union proposals that would let the technology remain part of the bloc’s plans for a climate-friendly future that includes a nuclear option for climate change pathway.

“We consider nuclear technology to be dangerous,” government spokesman Steffen Hebestreit told reporters in Berlin, noting that the question of what to do with radioactive waste that will last for thousands of generations remains unresolved.

While neighbouring France aimed to modernise existing reactors, Germany stayed on course to switch off its remaining three nuclear power plants at the end of this year and phase out coal by 2030.

Last month, Germany’s economy minister said the country would limit the use of natural gas for electricity production and make a temporary recourse to coal generation to conserve gas.

“It’s bitter but indispensable for reducing gas consumption,” Robert Habeck said.

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Pakistan Nuclear Energy advances clean power with IAEA guidance, supporting SDGs via electricity generation, nuclear security, and applications in healthcare, agriculture, and COVID-19 testing, as new 1,100 MW reactors near grid connection.

Key Points

Pakistan Nuclear Energy is the nation's atomic program delivering clean electricity, SDGs gains, and IAEA-guided safety.

✅ Two 1,100 MW reactors nearing grid connection

✅ IAEA-aligned safety and nuclear security regime

✅ Nuclear tech supports healthcare, agriculture, COVID-19 tests

Pakistan is utilising its nuclear technology to achieve its full potential by generating electricity, aligning with China's steady nuclear development trends, and attaining socio-economic development goals outlined by the United Nations Sustainable Development Goals.

This was stated by Pakistan Atomic Energy Commission (PAEC) Chairperson Muhammad Naeem on Tuesday while addressing the 64th International Atomic Energy Agency (IAEA) General Conference (GC) which is being held in Vienna from September 21, a forum taking place amid regional milestones like the UAE's first Arab nuclear plant startup as well.

Regarding nuclear security, the PAEC chief stated that Pakistan considered it as a national responsibility and that it has developed a comprehensive and stringent safety and security regime, echoing IAEA praise for China's nuclear security in the region, which is regularly reviewed and upgraded in accordance with IAEA's guidelines.

Many delegates are attending the event through video link due to the novel coronavirus (Covid-19) pandemic.

On the first day of the conference, IAEA Director General Rafael Mariano Grossi highlighted the role of the nuclear watchdog in the monitoring and verification of nuclear activities across the globe, as seen in Barakah Unit 1 at 100% power milestones reported worldwide.

He also talked about the various steps taken by the IAEA to help member states contain the spread of coronavirus such as providing testing kits etc.

In a recorded video statement, the PAEC chairperson said that Pakistan has a mutually beneficial relationship with IAEA, similar to IAEA assistance to Bangladesh on nuclear power development efforts. He also congratulated Ambassador Azzeddine Farhane on his election to become the President of the 64th GC and assured him of Pakistan's full support and cooperation.

Naeem stated that as a clean, affordable and reliable source, nuclear energy can play a key role, with India's nuclear program moving back on track, in fighting climate change and achieving the Sustainable Development Goals (SDGs).

The PAEC chief informed the audience that two 1,100-megawatt (MW) nuclear power plants are near completion and, like the UAE grid connection milestone, are expected to be connected to the national grid next year.

He also highlighted the role of PAEC in generating electricity through nuclear power plants, while also helping the country achieve the socio-economic development goals outlined under the United Nations SDGs through the application of nuclear technology in diverse fields like agriculture, healthcare, engineering and manufacturing, human resource development and other sectors.

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Georgia Cities Clean Energy IRP Coalition unites Savannah, Atlanta, Decatur, and Athens-Clarke to shape Georgia Power's Integrated Resource Plan, accelerating renewables, energy efficiency, community solar, and coal retirements through Georgia Public Service Commission hearings.

Key Points

Georgia cities working to steer Georgia Power's IRP toward renewables, energy efficiency, and community solar.

✅ Targets coal retirements and doubling renewables by 2035

✅ Advocates data access, transparency, and energy efficiency

✅ Seeks affordable community solar options for low-income customers

Savannah is among several Georgia cities that have led the charge forward in recent years to push for clean energy. Now, several of the state's largest municipalities are banding together to demand action from Georgia's largest energy provider.

Hearings regarding Georgia Power's Integrated Resource Plan (IRP) happen every three years, but this year for the first time the cities of Savannah, Decatur, Atlanta and Athens-Clarke and DeKalb counties were at the table.

"It's pretty unprecedented. It's such an important opportunity to get to represent ourselves and our citizens," said City of Savannah Energy Analyst Alicia Brown, the Savannah representative for the Georgia Coalition for Local Governments.

The IRP, which essentially maps out how the company will use its various forms of energy over the next 20 years was filed with the Georgia Public Service Commission (GPSC) in January, the 200-page IRP outlines Georgia Power's plans to shutter nearly all Georgia Power-controlled coal units, similar to Tucson Electric Power's coal exit timelines elsewhere, which could begin later this year.

The company is also planning to double its renewable energy generation by 2035. The IRP also outlines plans for several programs, including an Income-Qualified Community Solar Pilot, reflecting momentum for community energy programs in other states as well.

During the hearings the coalition, alongside the other groups, had the ability to question Georgia Power officials about the plan to include the proposed increase per kilowatt for the company's Simple Solar program, Behind-the-Meter Solar program study and various other components, amid debates over solar strategy in the South that could impact lower income customers.

"The established and open IRP process is central to effective, long-term energy planning in Georgia and is part of our commitment to 2.7 million customers to deliver clean, safe, reliable and affordable energy. In continuing our longstanding relationship with the City of Savannah, we welcome their interest and participation in the IRP process," John Kraft, Georgia Power spokesman said in an email.

Brown said the coalition's areas of interest fall into three categories: energy efficiency and demand response, data access and transparency and renewable energy for citizens as well as the governments in the coalition.

"We have these renewable goals and just the way the current regulations are set, the way the current laws are on the books, and developments like consumer choice in California show how policy shifts can reshape utility markets, it's very challenging for us to meet those renewable energy goals without Georgia Power setting up programs that are workable for us," she said.

The city of Savannah is already taking action locally to reduce carbon emissions and move toward clean and renewable energy through the 100% Savannah Clean Energy Plan, which was adopted by Savannah City Council in December.

The plan aims to achieve 100% renewable electricity community-wide by 2035 and 100% renewable energy for all energy needs by 2050.

Council previously approved the 100% Clean Energy Resolution needed to develop the plan in March 2020, making Savannah the fifth city in the state to pledge to pursue a lower carbon future to fight climate change.

The final plan includes 45 strategies that fall into five categories: energy efficiency; renewable energy; transportation and mobility; community and economic development; and education and engagement.

Brown said the education and engagement component is central to the plan, but the pandemic has hindered community education and awareness efforts, and utilities have warned customers about pandemic-related scams that complicate outreach, something the city hopes to catapult in the coming weeks.

"With the 100% Savannah resolution passing right before the pandemic, we haven't had as many opportunities to raise awareness about the initiative and to educate the public about clean energy as we would like. This transition will present a lot of opportunities for our communities, but only if people know that they are there to be taken," she said.

"... We also want to engage the community so that they feel like they are developing this vision for a healthy, prosperous, clean community alongside us. It's not just us telling them, 'we're going to have a clean energy future and it's going to look like this,' but really helping them to develop and realize a collective vision for what 100% Savannah should be."

The final round of IRP hearings are scheduled for next month. Those hearings will allow the coalition and other groups to put witnesses on the stand who will make the case for why Georgia Power's IRP should be different, Brown said.

In June, Georgia Power, following a June bill reduction for customers, will have a chance to offer rebuttal testimony and will again be subject to cross examination. Shortly after those hearings, the parties will join together for the settlement process, a sort of compromise on the plan that the commission will vote on toward the beginning of July.

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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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