Almost three years since the deadly Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has ruled that big power companies cannot be held liable for failure to provide electricity during the crisis. The reason is Texas’ deregulated energy market.
The decision seems likely to protect the companies from lawsuits filed against them after the blackout. It leaves the families of those who died unsure where next to seek justice.
In February of 2021, a massive cold front descended on Texas, bringing days of ice and snow. The weather increased energy demand and reduced supply by freezing up power generators and the state’s natural gas supply chain. This led to a blackout that left millions of Texans without energy for nearly a week.
The state has said almost 250 people died because of the winter storm and blackout, but some analysts call that a serious undercount.
My understanding is that ERCOT manages the reliability of the entire grid. I won’t pretend to understand the exact nature of their purview and powers, but I’ll defer to what Abott describes as their role in this incident:
And the statement from ERCOT
Admittedly, I don’t know the extent of ERCOTs control over the individual companies that manage the generators or infrastructure of the power grid, but it does appear they had enough oversight to claim that the grid could weather another storm, which it could not.
Source: https://www.texastribune.org/2021/02/18/greg-abbott-winter-storm/
Well, even if they had no power to do anything, saying things have been fixed and are fine should make them liable. How should anyone (legislature, public) work on fixing the issue if they hide it? They should be the ones raising the issue in the first place.