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One million reasons why Greg Abbott thinks the grid is just fine

Or 2.4 billion reasons, depending on how you want to count it.

The Texas electric grid collapse during the February winter storm killed hundreds of Texans and caused an estimated $295 billion in damages, while generating seismic gains for a small and powerful few. The natural gas industry was by far the biggest winner, collecting $11 billion in profit by selling fuel at unprecedented prices to desperate power generators and utilities during the state’s energy crisis. No one won bigger than Dallas pipeline tycoon Kelcy Warren: Energy Transfer Partners—the energy empire Warren founded and now is executive chairman of—raked in $2.4 billion during the blackouts.

That immense bounty soon trickled down to Governor Greg Abbott. On June 23, Warren cut a check to Abbott’s campaign for $1 million, according to the governor’s latest campaign finance filing, which covers January through June. That’s four times more than the $250,000 checks that the billionaire has given to Abbott in prior years—and the most he’s ever given to a state politician in Texas.

In the months after one of the worst energy disasters in U.S. history, Abbott has dutifully steered scrutiny away from his patrons in the oil and gas industry. Last month, the governor signed into law a series of bills that strengthened regulation of the state’s grid. But experts warned that lawmakers didn’t go far enough to prevent another grid failure and failed to crack down on natural gas companies. At a bill signing ceremony on June 8, Abbott proclaimed that “everything that needed to be done was done to fix the power grid in Texas.”

The unusually large contribution from the blackout’s biggest profiteer raises questions about Warren’s influence over the governor and has prompted outrage at what many see as a blatant political kickback for kowtowing to the powerful natural gas industry.

[…]

As he gears up for a reelection bid in 2022, Abbott has resisted calls to include further power grid fixes in a special session. Instead, his current special session agenda centers on sweeping “election integrity” legislation that prompted House Democrats to break quorum for the second time this year and hole up in Washington, D.C., until the session expires.

The governor has relentlessly pinned blame for the grid failure on renewable energy sources like wind and solar, Electric Reliability Council of Texas officials (ERCOT), and even the state’s giant power generators, all while ignoring the significant failures of the natural gas industry. Lawmakers watered down proposed regulations on the gas supply system in the face of aggressive industry lobbying.

By refusing to include additional grid reforms in special sessions, Abbott has ensured that the natural gas sector will avoid any further legislative scrutiny. That, experts warn, means the state’s grid remains at risk of future collapse. Earlier this month, Abbott issued another love letter to his fossil fuel benefactors, ordering his three brand-new Public Utility Commission (PUC) appointees to create incentives for fossil fuel and nuclear power generators and impose new costs on wind and solar plants.

While gas companies made huge profits during the winter storm, the financial fallout has been passed on to Texans. In May, lawmakers passed legislation that provided several billion dollars in state bonds for power companies that were waylaid by the exponential hike in energy costs. Texans will be paying that off through higher gas bills for at least the next decade.

Not really much to add to this, is there? It’s not like this is anything new, but it sure feels more blatant than usual. If there isn’t an effective advertising message in this, I don’t know what one might be.

Your thermostat may be plotting against you

Welcome to 2021.

Amid [recent] sweltering temperatures in Houston, the agency that operates the state’s power grid asked residents to cut back on how much electricity they used to help it meet demand. That’s how some people apparently learned the hard way that their “smart thermostats” were programmed to rise in their homes when grid conditions got tight.

A user posting on the Reddit page for discussions about Houston wrote of knowing eight people with thermostats that bumped up automatically and made their homes less cool — sparking a conversation about how and why this happens. The concerns were first reported by KHOU.

Turns out, utility customers can opt in to programs that automatically adjust their thermostats when demand is high and grid capacity is strained. Those people can also opt out. Some, it seemed, were caught unawares.

One user wrote of being automatically enrolled in a program and then waiting months while trying to get out of it. Another reported sending an email to get removed from the service.

A third chastised them all: “This is what happens when you don’t read the contract.”

A software provider called EnergyHub works with thermostat manufacturers to run such programs. No one is enrolled without their consent, said Erika Diamond, the company’s vice president for customer solutions.

The idea is to reduce energy load when the grid is stressed, such as during an extreme weather event, Diamond said. Temperatures at George Bush Intercontinental Airport hit at least 95 degrees every day from June 11 through June 16.

I’m sure this was somewhere in your user agreement, which I know we all read thoroughly. One could easily argue that this is a net benefit for all, as the modest reduction in A/C that everyone affected by this would experience would save energy and maybe avoid some blackouts. It’s almost certainly more effective than asking people to voluntarily dial it back, as some won’t do it and others won’t be aware you’re asking. But it would be better if people were generally aware of this, even if it meant more of them opted out or manually overrode the auto-adjustment as they can do, if only to prevent the inevitable conspiracy theories and overall mistrust that a lack of awareness will spawn. At least it’s mostly been not-so-hot since then, so this has been less of an issue, but obviously we can’t just count on that. Reform Austin and Mother Jones have more.

Here’s your special session agenda

They call this “red meat”, but it’s really just bullshit.

Gov. Greg Abbott has announced the agenda for the special legislative session that begins Thursday, asking lawmakers to prioritize 11 issues that largely appeal to conservatives who wanted more out of the regular session.

The announcement of the agenda came just over 24 hours before lawmakers are set to reconvene in Austin.

The agenda includes Abbott’s priority bills related to overhauling Texas elections and the bail system, as well as pushing back against social media “censorship” of Texans and the teaching of critical race theory in schools. Those issues were anticipated after they did not pass during the regular session and Abbott faced pressure to revive them or had already committed to bringing them back.

[…]

The special session agenda also includes funding for the legislative branch, which Abbott vetoed last month. He did so after House Democrats staged a walkout in the final hours of the regular session that killed the priority elections bill. The inclusion of the legislative funding raises the possibility that lawmakers could restore paychecks for their staff — and other staff at the Capitol — before the next fiscal year begins on Sept. 1. More than 2,000 staffers are affected by the veto of the Legislative funding, which Democrats have called an executive overreach of power.

Late last month, House Democrats and legislative staffers asked the state Supreme Court to override it. The court had not ruled in the case yet.

The Democrats’ walkout prompted a flood of national attention, and now the minority members must decide how to try to derail it in the special session with their staff pay on the line. Republicans also have their work cut out for them in the special session, faced with preventing another embarrassing defeat of the elections bill and remedying two provisions they claimed after the regular session were mistakes.

The special session is set to start at 10 a.m. Thursday and could last up to 30 days, with the potential for Abbott to add more items as it proceeds. It is one of at least two special sessions expected this year, with a fall special session coming to address redistricting and the spending of billions of dollars of federal COVID-19 relief funds.

Abbott’s agenda for the first special session notably does not include anything about the state’s electric grid, which was exposed as deeply vulnerable during a deadly winter weather storm in February that left millions of Texans without power. Lawmakers made some progress in preventing another disaster during the regular session, but experts — as well as Patrick — have said there is more to do. Last month, calls for the Legislature to take further action to fix the power grid were renewed when grid officials asked Texans to conserve energy.

Despite Abbott’s recent claim that grid is better than ever, he sent a letter Tuesday to the state’s electricity regulators outlining a number of steps he would like them to take to “improve electric reliability.” But it appears Abbott does not want to reopen legislative debate on the issue for now.

Just to recap, I continue to expect the Supreme Court to delay and hope the legislative budget veto issue becomes moot. I don’t think there’s much if anything that Democratic legislators can do to stop any of these bills if Republicans are determined to pass them – it’s not out of the question that on some of them the Republicans are not sufficiently unified – so the best thing to do is to try to at least make sure everything has a real committee hearing first. Finally, I’m not surprised that Abbott has no interest in revisiting the power grid, not when he’s already staked his claim on everything being just fine now. The other piece of business for the Dems is to hammer this point over and over again, until it seeps into the public consciousness. Good luck, y’all. This is going to suck. The Chron has more.

Abbott tells the PUC to, like, “do something” about electricity and stuff

He’s a Very Serious man making Very Serious proposals.

Gov. Greg Abbott on Tuesday gave state electricity regulators marching orders to “improve electric reliability.”

In a letter to the Public Utility Commission, Abbott directed the three-person board of directors, who he appoints, to take action that would require renewable energy companies to pay for power when wind and solar aren’t able to provide it to the state’s main power grid, echoing a move state lawmakers rejected in May.

Abbott also told the PUC to incentivize companies to build and maintain nuclear, natural gas and coal power generation for the grid — which failed spectacularly during a February winter storm, leaving millions of Texans without power or heat for days in below freezing temperatures.

Texas energy experts were skeptical that Abbott’s orders would actually improve the reliability of the state grid, which operates mostly independently of the nation’s two other major grids.

“What is here is not a serious or prudent plan for improving the grid,” Daniel Cohan, an associate professor of civil and environmental engineering at Rice University, said in an interview Tuesday. “It’s more of a political job favoring some [energy] sources over others. For Texans to have a more reliable power supply, we need clearer thinking that makes the best of all the sources we have.”

Abbott’s letter also called on the PUC to direct the state’s main grid operator, the Electric Reliability Council of Texas, to better schedule when power plants are offline, an issue that caused tension between state regulators and power generators after some power plants unexpectedly went offline in June and led ERCOT to ask Texans to turn their thermostats up to 78 degrees for a week during a heat wave to conserve energy.

Abbott responded to the plant outages by declaring the power grid “is better today than it’s ever been.”

Does anyone believe that? I don’t know what the odds are of another major power failure between now and, say, next November, but does anyone think such platitudes will be accepted by the public if one does happen? Even Dan Patrick thinks that power grid reform items – most of which never went anywhere during the session – should be on the special session agenda. Maybe we all get lucky and nothing bad happens any time soon, but if that’s the case it won’t be because Abbott was busy urging us all to clap louder.

We’ll be paying for the freeze for a long time

What’s more, we have done nothing to prevent the same thing from happening again.

Publicly funded state agencies needing to keep the lights and heat on during the freeze racked up huge bills. In February 2020, the Texas Department of Criminal Justice, which operates the state’s prisons, paid about $1.2 million for natural gas. This February the cost soared to nearly $8.5 million.

The University of Texas-Austin paid $940,000 for gas in February 2020. In 2021: $3.65 million.

Last month, state legislators passed laws to help companies borrow billions of dollars to pay for storm-inflated power costs and bill ratepayers over time to pay it back. Yet well before that, many Texas cities that own public utility companies already had been forced to scrounge up additional millions to cover gas and electric bills hugely inflated by the storm-caused shortages.

Outside of Dallas, Denton borrowed $140 million. Georgetown, just north of Austin, borrowed $48 million to cover the cost of providing electricity to its residents during the storm. Ratepayers will have to cover that, as well as a projected $5 million in interest and costs over the term of the loan.

Other cities dipped into their savings accounts to pay the storm-inflated power costs, depleting reserve funds. Garland siphoned millions from its rainy-day account. Weatherford, a small city outside of Fort Worth, drew down $13.7 million.

Wherever the money came from, eventually it will be repaid by local citizens, said Steve Moffitt, vice president of Schneider Engineering, a Boerne-based company working with municipal utility companies across the state to find the extra money. “At the end of the day, it has to come from customers somewhere,” he said.

The small city of Hearne borrowed $1.9 million to cover costs incurred by its publicly owned electric utility company. Ratepayers will pay off the debt over the next 10 years, said City Manager John Naron.

“Usually if we get a $2 million loan, we’re fixing streets, the sewage system, street lights,” he said. “Now we’re borrowing $2 million and getting nothing for it.”

When the dust cleared on the biennial legislative session that ended June 1, one thing was clear. Although it was ordinary Texans who suffered when the freeze hit four months ago — millions were left shivering in the dark for days; hundreds died — it is also ordinary Texans who would foot much of the bill, said Tim Morstad, associate director of AARP Texas.

“Consumers are being forced to prop up the system that failed us,” he said.

[…]

The magnitude of the financial fallout is difficult to digest. Experts estimate that based on the sky-high prices, nearly $50 billion-worth of electricity was consumed in Texas during the one-week storm — 250 times the normal cost, said Beth Garza, an energy analyst for R Street who from 2014 to 2019 was ERCOT’s independent market monitor, which watchdogs the electricity market.

Companies that had gas and electricity to sell cashed in on a Uri  windfall. Some Wall Street investors made millions, too.

For those forced to buy gas and electricity during the height of the freeze it was expensive at best, catastrophic at worst. Brazos Electric Power Cooperative, the state’s largest and oldest member-owned electric company, declared bankruptcy after racking up about $2 billion in charges when its generators failed.

To spare ratepayers the financial pain of getting hit with giant utility bills all at once, last month state lawmakers passed several laws to help the biggest losers borrow money and pay it back over time. The laws are complex, and analysts and companies said they are still deciphering how they will be used.

Pending high-stakes legal battles over the storm’s giant bills add more uncertainty to the final tab. “There are a zillion contractual disputes underway right now,” said Garza, pointing out that those, too, will end up costing companies – and their customers — giant legal fees.

Still, analysts projected the taxpayer tab would come to roughly between $7 and $9 billion. Yet that doesn’t include numerous other hidden costs.

The primary advantage to our market for power and electricity has always been low prices. Lots of firms offer a variety of plans, both fixed and flexible rates, and for the most part it has worked pretty well, as long as you do a bunch of research and remember to switch plans again before your low-rate plan ends and you get dumped into a default higher-rate plan. (Some people do lots of research.) All of this is predicated on the Texas energy market being geared towards low prices, and the way it does that is by not mandating capacity. There’s no backup power, no plants generating extra power that isn’t used, and that means we’re not paying for anything we’re not using. It’s efficient, and that efficiency keeps prices down.

The down side is what we saw in February. Because there was no extra capacity, when a number of plants went down, there wasn’t any power to spare. The only way to get more juice was to pay for it, and when prices are allowed to be unconstrained, you can be sure someone is going to make a buck off of it. We also learned that another key ingredient to our everyday low prices for electricity was that the power plants could be and were run as super low-cost operations, which in this context meant no money spent on weatherization. I think we all know how that turned out.

The argument in favor of our system is that we have paid a lot less for our electricity over a long period of time, so that even with the price shocks of February and the borrowing that various municipalities and utilities and co-ops have had to do, we’re still coming out ahead. But that isn’t of much help right now, and as we did nothing to change the fundamentals of our power market, we could face the same situation again at any time. People will be paying more now for what happened his past winter, and they have no insurance against a repeat. Even more, I don’t think a lot of people understand that. I don’t think we’re any more prepared mentally and emotionally for the next time this happens than we were this February. Maybe if we go another ten years before it happens again it won’t much matter. Do you want to make that bet? Like it or not, you already have.

Nobody knows why the grid was short on power

Really inspires confidence, doesn’t it?

Last Monday, Texas’ main power grid operator asked Texans, mid-heat wave, to turn their thermostats to 78 degrees during the afternoon and evening for the week to reduce electricity demand on the grid after 12,000 megawatts of power generation unexpectedly went offline — enough to power 2.4 million homes on a hot summer day.

By the end of the week, that appeal from the Electric Reliability Council of Texas expired without a public announcement, and ERCOT officials still have not said why they asked Texans to cut back on electricity use.

Were there damages to the power grid infrastructure stemming from February’s deadly winter storm? Were there nefarious actors looking to manipulate the electricity market? What does this mean for power generation during the rest of the hot Texas summer?

ERCOT hasn’t said — or released data to answer any of these questions raised by industry experts. And that is exactly how the Texas power grid is supposed to work, energy experts said.

“ERCOT knows what plants fail, but not why,” said Bob King, an energy consultant in Austin who has worked in the Texas energy industry for more than 30 years.

[…]

In the meantime, ERCOT’s independent watchdog will investigate what happened. Beth Garza, who was director of the watchdog from 2014 to 2019, said that’s standard procedure after such an event.

“They will look if there is any indication if there is any nefarious or bad acting on any particular generations’ part,” Garza said.

Last week’s power generation outages marked the second time ERCOT has asked Texans to cut back on electricity use since February’s storm. Garza and other experts also raised concerns about the winter storm’s impact on “thermal” sources of energy, which in Texas are largely powered by natural gas plants.

“One thing I’d be curious about: What the effects of February’s cold weather was on thermal units,” Garza said. “Was some of that being worked on and fixed (last week)?”

We do know that it wasn’t because too many plants were down for routine maintenance, which contradicts a claim made by Greg Abbott. We may find out some more information soon, as the PUC has ordered ERCOT to release its data in the next seven days, though how much information we’ll get is not clear. The bigger point, as was made in the story, is that all this happened at a time when it wasn’t as hot as it’s going to get later in the summer. What will be in for then? Like I said, it doesn’t inspire confidence. Reform Austin has more.

It’s just the next GoFundMe for “border security”, with more grifting and human rights abuses

Have I made my opinion sufficiently clear, or do I need to spell it out for you?

Republican Gov. Greg Abbott on Wednesday said Texas will spend $250 million to begin building a wall along the Mexico border, picking up on where former President Donald Trump left off on his divisive campaign pledge.

The governor declined to speculate on how long the project could take or how much it may ultimately cost, saying only that it will be “much more” than the initial investment. His office launched a crowdsourcing campaign Wednesday that he said will be overseen by two state agencies.

[…]

Governors in other Republican states, including Florida and Oklahoma, committed on Wednesday to send law enforcement to South Texas to help boost border security. Trump is also expected to join Abbott in Texas later this month for a trip that the former president said will shed light on the “decimated” border.

Abbott said the $250 million will go toward hiring a project manager, who will eventually provide a full cost and timeline for the project. The money is being taken from funds already dedicated to the Texas Department of Criminal Justice.

See here for the background. Yes, “crowdsourcing” will be used to pay for this debacle. What could possibly go wrong?

New York federal prosecutors on Thursday charged President Donald Trump’s former adviser Steve Bannon and three others with defrauding donors of hundreds of thousands of dollars as part of a fundraising campaign purportedly aimed at supporting Trump’s border wall.

Bannon, 66, was arrested at 7:30 a.m. Thursday near Westbrook, Connecticut, on the yacht of exiled Chinese dissident Guo Wengui, according to two law enforcement officials. Federal agents, officials from the United States Postal Inspection Service and the United States Coast Guard, assisted, officials said.

Surely this is all for a higher purpose, right?

But surely Greg Abbott’s motives are pure and uncompromised?

Gov. Greg Abbott wants to talk about building a wall between Texas and Mexico — a top concern for the Republican voters whose favor he hopes to enjoy in next year’s GOP primary and general election. He’s bringing former President Donald Trump to the state this month for a visit to the border, a way to showcase the problems there and also to show those Republican voters that their most popular national leader is pals with their governor.

But the weather is in the way. More to the point: Doubts about the reliability of the state’s electric grid — there to protect all Texans from the weather — is in the way. The grid seems a little too wobbly in the face of early summer heat, after it failed in cold weather earlier this year. Having elected officials patting you on the head and telling you not to worry is less effective when your electric company is urging you to move the thermostat up to 82 degrees.

[…]

It’s a trust thing. At the beginning of February, it’s safe to assume that most Texans had no idea what ERCOT is, what it does or why it’s important. And because the state’s electric generators couldn’t produce the power they were obligated to produce during that storm, forcing ERCOT to order blackouts, we’ve all got the fidgets.

What wasn’t even entering our minds a few months ago is now front and center. We’re not taking our electricity for granted at the moment. ERCOT’s forecasts for this summer were that heat-related blackouts were possible. Now the prospect is real: The heat and the air conditioners and our memories of February are making it hard for the governor to direct our attention to his efforts to deal with an increase in migrants at the border.

He insisted Wednesday — emphatically and in a raised voice — that his call for a border wall isn’t driven by politics, and that anyone who says otherwise doesn’t know what they’re talking about.

Texans might be distracted by thoughts of losing the flow of electricity that runs our coolers and fans, our homes, businesses, hospitals and all the other things that help keep us alive. But Abbott dismissed anxiety about electricity, saying, “The energy grid in Texas is better today than it’s ever been.”

See? All better.

Yeah. Now go read Perla Trevizo’s Twitter thread about that previous crowd-funded wall in Texas, which managed to be crappily built as well as a vehicle for fraud, and Keri Blakinger’s thread about the prison that is being emptied out to house a bunch of people who will presumably be arrested on such charges as “aggravated trespassing”. It’s almost not possible for this scheme to be sketchier, but I am confident they will find a way. The Texas Signal has more.

There’s still a lot of investment in renewables in Texas

Good to know.

Four months after the failure of the Texas electric grid sparked a backlash against clean power, investors and developers have decided just what the state needs: more renewable energy. Much more.

Texas is on pace to have as much green-power development in coming years as the next three states combined, according to the American Clean Power Association, a Washington-based trade group. Projects totaling 15 gigawatts — equal to the total electrical capacity of Finland in 2019 — are under construction or in advanced development, more than double three years ago. That’s according to data from the Electric Reliability Council of Texas, or Ercot, the state’s grid operator.

All told, the forthcoming wind, solar and battery-storage projects are worth an estimated $20 billion to $25 billion, the American Clean Power Association said.

[…]

The amount of renewable energy in the Ercot queue in May was much higher than the same month in any of the past three years. That massive growth is driven by jumps in solar farms and battery storage that outweigh a drop in the amount of wind power in the queue.

New utility-scale solar installations in Texas totaled 3.3 gigawatts last year, nearly matching the 3.5 gigawatts of new wind, according to BloombergNEF. The research group projects more than double the amount of new utility-scale solar and 4.2 gigawatts of new wind there this year.

Republicans bashed renewable energy during and after the storm, even as the state’s grid operator said that frozen instruments at gas, coal and even nuclear plants were the main reason for the blackouts. “This shows how the Green New Deal would be a deadly deal for the United States of America,” Texas governor Greg Abbott told Sean Hannity on Fox News in the midst of the freeze. He went on to blame wind and solar power and said fossil fuel plants are necessary for baseline power.

Several renewable developers said new laws that targeted clean power projects would force them to rethink building in Texas. A group including big power companies, Amazon.com Inc. and Goldman Sachs Group Inc. sent letters to Abbott and lawmakers in April, writing that proposed new laws would chill investment in the state.

Perhaps that letter had an effect, for as the story notes we managed to make it through this session without any explicitly anti-renewables bills passing. (Not that the Republicans didn’t try, mind you.) There are still issues with the grid’s capacity to handle more output from renewables, but maybe the investors are assuming some of those problems will work themselves out. I note in the story’s graphic that the amount being invested in battery storage is way higher than it used to be, so maybe that has an effect as well. In any event, we are still investing in renewable energy here. Let’s hope we don’t screw it up.

Sure is a good thing the Lege fixed all those power grid problems

Otherwise, who knows what could happen?

Texas’ main power grid struggled to keep up with the demand for electricity Monday, prompting the operator to ask Texans to conserve power until Friday.

The Electric Reliability Council of Texas said in a statement Monday that a significant number of unexpected power plant outages combined with expected record use of electricity due to hot weather has resulted in tight grid conditions. Approximately 12,000 megawatts of generation were offline Monday, or enough to power 2.4 million homes on a hot summer day.

ERCOT officials said the power plant outages were unexpected — and could not provide details as to what could be causing them.

“I don’t have any potential reasons [for the plant outages] that I can share at this time,” said Warren Lasher, ERCOT senior director of systems planning, during a Monday call with media. “It is not consistent with fleet performance that we have seen over the last few summers.”

The number of plants that were forced offline today is “very concerning” Lasher said.

“We operate the grid with the resources that we have available,” he said. “It’s the responsibility of the generators to make sure their plants are available when demand is high.”

How reassuring. I don’t have anything but snark and profanity to add, so let me point to the Chron story for more details.

CenterPoint, which manages electricity for power providers in Houston, said in a statement if it must cut power to maintain reliability of the grid it will be “done with the intent to rotate outages.”

It is not the first time since February’s freeze and statewide power outages that ERCOT has issued a conservation order. The grid manager did so on April 14, when temperatures were hotter than usual and power generators went offline to do routine maintenance ahead of skyrocketing demand that happens annually during Texas’ hot summers. However, that conservation alert only lasted for one day.

Ed Hirs, an energy fellow at the University of Houston, said he wasn’t surprised another alert was issued on Monday.

“This is not going to get better,” he said. “There will be more alerts this summer primarily because the weather pattern looks like it will be hotter than last summer, and ERCOT, with the new bills passed out of the Legislature, is duty bound to issue alerts.”

[…]

Earlier this month, Gov. Greg Abbott signed Senate Bill 3 into law, which mandates the weatherization of power plants; creates a statewide emergency alert system; improves communication among those in the industry; and designates some natural gas facilities as “critical” so their power can’t be turned off during crises.

However, Hirs said those actions fall short of what is needed to prevent these issues from happening.

“This was destined to fail because no one would invest in new capacity or at least not invest fast enough to keep pace with demand,” Hirs said. “There’s really no incentive to reinvest or maintain the grid for weatherization.”

But hey, you got permitless carry and a six-week abortion ban, and if those things don’t make you feel all cool inside, I don’t know what would. And because I don’t have any more words to add here, have some Internet humor.

Try to stay cool, y’all.

All juiced up with no place to go

Seems like there should be a better solution for this.

In 2005, the Texas Legislature approved the development of a network of electric transmission lines to send wind and solar power from West Texas to population centers in other parts of the state. The landmark project transformed the renewable energy industry and the slice of West Texas that Rep. Drew Darby calls home.

Metallic fields of photovoltaic solar panels now stretch across once bare scrub land. Lines of sky-scraping wind turbines reach to the horizon. And with those renewable energy projects came “some of our only opportunities for economic development” in rural Texas, said Darby, a Republican from San Angelo.

But those opportunities are at risk as companies cancel or postpone new wind and solar farms, and the list of planned projects keeps getting shorter. One key reason: generators can’t be sure that they can get their power to market.

The rapid growth of renewable energy, particularly wind power, has outstripped the carrying capacity of transmission lines. Even when demand soars and electricity supplies run short, the state’s grid manager, the Electric Reliability Council of Texas, must limit the power West Texas wind and solar farms can sell into the grid because of transmission constraints.

“I started seeing some projects go off the boards, and companies were saying they’re not going to build,” Darby said. “I asked why, and they said ‘We’ve had curtailments. We’re going to have to curtail production at certain times.’”

That West Texas has plenty of power but no place to go carries more than a little irony as policy makers and regulators focus on increasing electricity supplies following the deadly February power crisis. ERCOT is forecasting record power demand this summer, with a reserve margin — the cushion of extra generation available when supplies get tight — that’s higher than in recent years, but still well below the margins with which other grids operate.

[…]

Even as parts of the state bake in the summer heat and homeowners crank up air-conditioning units, the transmission limits mean the excess power generated out West won’t make it to where demand will be highest.

Ross Baldick, an emeritus professor of electrical and computer engineering at the University of Texas at Austin, said West Texas transmission upgrades completed in 2014 can transport about 18,500 megawatts of electricity, but more than 20,000 megawatts of wind energy alone are generated in the area. Due to other technical constraints, grid officials must limit power through those lines to less than 12,000 megawatts to keep them working properly.

Think about it like water pipes, Baldick said. One main pipe feeds smaller pipes that provide water to individual homes. If you try to force more and more water into the pipes, you reach a limit where the pipes could burst. To avoid that problem, you would have two choices: build more pipes to offset the stress on the existing pipes, or limit the amount of water flowing through the pipes.

Those are the choices for the power grid: build more transmission to transport increasing amounts of renewable power from the west, or limit the amount of power on the transmission lines.

As the story notes, West Texas has all of the conditions you could want for solar and wind energy generation, but none of it matters if you can’t hook it up to the grid. As a result, the projections of wind and solar energy for the year are declining. The House passed a bill by Rep. Darby to expedite the process ERCOT uses to study and plan for new transmission projects and the Public Utility Commission’s ability to approve them, but it died in the Senate. The power companies themselves aren’t going to build more transmission capacity, so here we are. Sure seems like there ought to be a better way.

We go to the next freeze with the power grid reform we have, not the power grid reform we wanted

It is what it is, and what it is isn’t much.

Texas lawmakers on Sunday passed a final proposal to shore up the state’s power grid in response to this year’s deadly outage crisis, agreeing on a raft of reforms that experts welcomed but also fear won’t go far enough.

The legislation, Senate Bill 3, would require power plants and some natural gas suppliers to prepare their operations for extreme cold, a step that state regulators and many companies have avoided for decades despite repeated blackouts and promises that market incentives would ensure reliability.

It would also create a statewide emergency alert system, force industry participants to communicate more often and mandate that key gas facilities be registered as critical so their power isn’t unintentionally shut off during shortages. Hundreds of gas facilities reportedly lost power during the winter storm, pinching off fuel supplies to power plants.

[…]

The proposals address several longstanding weaknesses, though still amount to a gamble in the wake of one of the state’s deadliest natural disasters, leaving its already isolated power grid vulnerable to similar disruptions for the coming winter, before key weatherization requirements would take effect.

Energy experts have warned that without quick structural improvements to power plants, gas wells and the supply chain that connects them, millions of Texas homes could again be without power in dangerously frigid conditions. February’s storm knocked out power to an estimated 4.5 million homes and killed at least 200 people — and likely many more.

Critics also caution that the final provisions leave broad discretion to gas suppliers, who provide most of the fuel for the electricity grid. The legislation allows for minimal fines against those that don’t comply and leaves oversight of infrastructure updates to the Texas Railroad Commission, whose members receive funding from the industry and have long opposed weather requirements.

The state’s gas production fell more than 20 percent over five days during the storm.

This month, Republicans in the House rejected amendments from Democrats that would have increased penalties for gas suppliers that don’t winterize and would have required progress on winterization within six months of the measure becoming law. Democrats still praised the reforms that made it into the final draft.

“I voted for this bill because there is a lot of good in it,” Rep. Jon Rosenthal, a Houston Democrat and engineer in the oil and gas industry, tweeted shortly after the vote. “But make no mistake – this bill is not enough to ensure that we won’t have another massive blackout. It leaves much discretion to RRC/PUC/ERCOT and the guardrails aren’t nearly tight enough.”

See here, here and here for some background. We may go to a special session for the Republicans’ failure to muscle through the voter suppression bill and some of Dan Patrick’s pet priorities, but taking substantial action on the power grid will not be on the agenda. It’s always hard to say what issues will and won’t be relevant and germane to voters in the next election because you never know what else may come up, but to the extent that this issue will be debated it will be in the terms of what Abbott et al thought was important enough to bring legislators back to finish off and what was not. Whether what was actually done will make a difference or not likely won’t be known until the next big freeze, at which point we’ll see if we can add 2021 to the years we look back on as squandered opportunities to take meaningful action. Better hope it’s not next year if you’re a Republican.

Another upward revision of the freeze death count

Buzzfeed News takes a deep dive.

The true number of people killed by the disastrous winter storm and power outages that devastated Texas in February is likely four or five times what the state has acknowledged so far. A BuzzFeed News data analysis reveals the hidden scale of a catastrophe that trapped millions of people in freezing darkness, cut off access to running water, and overwhelmed emergency services for days.

The state’s tally currently stands at 151 deaths. But by looking at how many more people died during and immediately after the storm than would have been expected — an established method that has been used to count the full toll of other disasters — we estimate that 700 people were killed by the storm during the week with the worst power outages. This astonishing toll exposes the full consequence of officials’ neglect in preventing the power grid’s collapse despite repeated warnings of its vulnerability to cold weather, as well as the state’s failure to reckon with the magnitude of the crisis that followed.

Many of the uncounted victims of the storm and power outages were already medically vulnerable — with chronic conditions including cardiovascular disease, diabetes, and kidney problems. But without the intense cold and stress they experienced during the crisis, many of these people could still be alive today.

[…]

The BuzzFeed News analysis of deaths during the storm is based on mortality data from the CDC. It relies on a method called “excess deaths” analysis, recently used to estimate the full toll of the COVID-19 pandemic.

Our analysis, reviewed by three independent experts, suggests that between 426 and 978 more people than expected died in Texas in the week ending February 20 alone. Our best estimate is that 702 people were killed by the storm that week. Even the lowest end of the range is almost three times the number officials have acknowledged. Neighboring states that were hit hard by the winter storm but did not experience the widespread power outages seen in Texas did not show a spike in deaths.

BuzzFeed News reached out to relatives of people who died during the power outages, identified from dozens of wrongful death lawsuits as well as death reports obtained from public records requests to medical examiners in eight of the biggest counties in Texas. Interviews revealed stories of anguish and confusion, as families struggled to find out exactly how their relatives died.

This confusion also poses real economic challenges for survivors. For Mary Gonzales, the delay in obtaining a cause of death for her husband meant she was unable to claim an income from his pension for almost three months. And without an official acknowledgment tying their loved ones’ deaths to the storm, families will be unable to claim federal assistance for funeral costs.

The high death toll adds pressure on state legislators, energy regulators, and Texas Gov. Greg Abbott to harden the state’s infrastructure to avert another deadly disaster.

Abbott’s press secretary, Renae Eze, did not respond to questions about the significantly higher death toll or whether the state would investigate further, but said Abbott was “working collaboratively with the House and Senate to find meaningful and lasting solutions to ensure these tragic events are never repeated.”

“The Governor joins all Texans in mourning every single life lost during the winter storm, and we pray for the families who are suffering from the loss of a loved one,” she said.

But with the state’s legislative session ending on May 31, lawmakers only have a week left to finalize a proposal to address some of the vulnerabilities that made the February storm so horrific.

“As it stands, nothing has happened,” said Michael Webber, a professor of mechanical engineering focused on energy infrastructure at the University of Texas at Austin.

As of the end of March, the official death count was at 111, and a Houston Chronicle analysis in early April estimated it at 194. As this story among others notes, there are only so many medical examiners in the state, and only so many deaths result in an autopsy. As was the case with COVID, some deaths are attributed to chronic conditions like heart disease despite the obvious external cause. Similar statistical methods that estimate “excess deaths” have been used for COVID as well, and you can read how they arrived at these figures in the story. We’ll never know an exact number, but we do know that the official number will always be too low. Daily Kos has more.

Abbott knew the blackouts were coming

Good morning. Take a deep, cleansing breath, have a seat, and then read this.

Texas Governor Greg Abbott’s office knew of looming natural gas shortages on February 10, days before a deep freeze plunged much of the state into blackouts, according to documents obtained by E&E News and reviewed by Ars.

Abbott’s office first learned of the likely shortfall in a phone call from then-chair of the Public Utility Commission of Texas DeAnne Walker. In the days leading up to the power outages that began on February 15, Walker and the governor’s office spoke 31 more times.

Walker also spoke with regulators, politicians, and utilities dozens of times about the gas curtailments that threatened the state’s electrical grid. The PUC chair’s diary for the days before the outage shows her schedule dominated by concerns over gas curtailments and the impact they would have on electricity generation. Before and during the disaster, she was on more than 100 phone calls with various agencies and utilities regarding gas shortages.

After the blackouts began, Abbott appeared on Fox News to falsely assert that wind turbines were the driving force behind the outages.

Wind turbines were a factor, but only a small one. Wind in Texas doesn’t produce as much power in the winter, and regulators don’t typically rely on wind turbines to provide significant amounts of power. Instead, regulators anticipated that natural gas and coal power plants would meet demand.

In public, Bill Magness, then-CEO of ERCOT, the state’s electric grid regulator, didn’t seem concerned about the approaching weather. In a virtual meeting on February 9, Magness said, “As those of you in Texas know, we do have a cold front coming this way… Operations has issued an operating condition notice just to make sure everyone is up to speed with their winterization and we’re ready for the several days of pretty frigid temperatures to come our way.” During the two-and-a-half-hour public portion of the meeting, Magness devoted just 40 seconds to the unusual weather.

There’s more, so read the rest. I don’t know about you, but I’m beginning to think that Greg Abbott isn’t very good at this “being Governor” thing. Maybe we should consider electing someone else. Just a thought.

How many times will we fail to fix our power grid?

By “we”, I mean our Legislature, and the PUC, and the Governor, and the Railroad Commission, and pretty much everyone else in charge of this state.

Ten years ago, Texas power plants froze during a fast-moving winter storm, causing rolling electricity blackouts across the state. Outraged Texas regulators and lawmakers, vowing to crack down, debated requiring energy companies to protect their equipment against extreme weather to ensure reliability.

But they didn’t.

Nine years ago, two state agencies that regulate utilities and the oil and gas industry warned that natural gas facilities that lost power during outages couldn’t feed electricity generation plants, creating a spiral of power loss. The agencies jointly recommended that lawmakers compel gas suppliers and power plants to fix the problem.

But they didn’t.

Eight years ago, economists warned that the state’s free-market grid left companies with little incentive to build enough plants to provide backup power during emergencies. With the support of then-Gov. Rick Perry, legislators and regulators considered increasing power rates to encourage the construction of more power plants, so that Texas, like other states, would have sufficient reserves.

But they didn’t.

In the wake of each power failure, or near-failure, over the past decade, Texas lawmakers have repeatedly stood at a fork in the road. In one direction lay government-mandated solutions that experts said would strengthen the state’s power system by making it less fragile under stress. The other direction continued Texas’ hands-off regulatory approach, leaving it to the for-profit energy companies to decide how to protect the power grid.

In each instance, lawmakers left the state’s lightly regulated energy markets alone, choosing cheap electricity over a more stable system. As a result, experts say, the power grid that Texans depend on to heat and cool their homes and run their businesses has become less and less reliable — and more susceptible to weather-related emergencies.

“Everyone has been in denial,” said Alison Silverstein, a consultant who works with the U.S. Department of Energy and formerly served as a senior adviser at the Federal Energy Regulatory Commission. “They treat each individual extreme event as a one-off, a high-impact, low-frequency event, which means, ‘I hope it doesn’t happen again.’”

With each passing year, the grid has steadily become less reliable. In 1989, Texas suffered a cold snap considered worse if not equal to the winter storm earlier this year yet managed to keep the grid functioning, with only a few hours of rotating outages.

By comparison, February’s Winter Storm Uri brought the Texas power grid to within five minutes of complete collapse, officials acknowledged. Millions of residents were left without power for days in subfreezing temperatures; nearly 200 died.

“Our system now is more vulnerable than it was 30 years ago,” said Woody Rickerson, vice president of grid planning and operations at the Electric Reliability Council of Texas. “With the generation mix we have now, the weather has the ability to affect wind and solar and (the gas supply). Those are things we can’t anticipate.”

It’s the first of a three-part series, and it’s a long read that will make you mad. The simple fact is that the system we have now works very well for some wealthy interests, and they are very good at defending their turf. Throw in an unwavering belief in the invisible hand of the free market and the general incentive towards doing nothing, and voila. Even the incremental steps forward have turned out to be meaningless:

As a result, the only legislation to come out of the 2011 storm was a minor bill from then-state Sen. Glenn Hegar, a Katy Republican, which required power companies to file weatherization plans with the PUC each year.

Two months after that bill was signed into law, the Federal Energy Regulatory Commission and the North American Electric Reliability Corporation put out a report of more than 350 pages, urging Texas to enact stricter weatherization standards for power plants and natural gas operators.

And they did to a degree, with ERCOT putting out best practices, conducting annual workshops and inspecting plants every three to four years.

But there were two problems. First, despite FERC’s recommendation, the state Legislature never gave the PUC authority to penalize power plants that did not comply, making weatherization voluntary. While progress was made, some companies opted not to bring their plants up to code, said Rickerson, the ERCOT vice president.

“Ultimately those were financial decisions that had to be made,” he said. “How much is someone willing to invest in a power plant that’s 50 years old and going to retire in a few years?”

More significantly, the best practices ERCOT was sharing were designed for a cold snap like that seen in 2011. While cold, with temperatures in Dallas dropping as low as 14 degrees, it was nothing compared to the 1989 winter storm, when temperatures dropped to 7 degrees in Houston and minus-7 in Abilene, let alone 1899, when the state’s all-time low temperature of minus-23 degrees was set in the Panhandle town of Tulia.

So when temperatures dipped into the single digits for days on end this February, most Texas power plants were simply not prepared. Exterior control equipment and fuel lines froze, not to mention coal piles and wind turbine blades.

“One power plant under freezing for 200-plus hours. That’s not a thing, right?” said Chris Moser, executive vice president of operations for NRG Energy, of expectations going into the winter. “If you look at the math ERCOT did prior to the seasonal assessment, it looked like (there was plenty of power). But then you have 80 to 85 plants not showing up. It was a failure of imagination.”

As for Hegar’s legislation, it has proved even more toothless than it appeared at the time.

According to a recent report from ERCOT, the agency was never given authority to judge the weatherization plans but only to check that they were being implemented. And a requirement in Hegar’s bill that the PUC produce a one-time Weather Emergency Preparedness Report, which was quietly published in 2012 and found that many power companies were still doing a poor job implementing reforms, drew little attention from state officials.

“When you’re on the commission, you’re dealing with what’s immediately in front of you,” said Ken Anderson, a former public utility commissioner. “I’m not sure how much follow-up occurred.”

Seems like this is a pretty good campaign issue for next year, especially given what is being prioritized over making the grid more robust. I’m just saying.

How hot will summer be?

Depends on how dependable the electricity providers are.

ERCOT sought to reassure worried Texans that the state’s electricity grid will have enough power to meet record-breaking demand this summer, less than three months after a catastrophic power failure left millions in freezing darkness.

The Electric Reliability Council of Texas on Thursday released its final seasonal forecast for this summer, predicting record peak power demand of 77,144 megawatts. The summer record as set on August 12, 2019, when demand hit 74,820 megawatts.

The grid manager said it expects to have enough generation to meet the record demand, forecasting generation capacity of 86,862 megawatts. ERCOT, however, didn’t rule out the possibility for “tight grid conditions” on the hottest summer days when demand for air conditioning is at its highest. Electricity supply is often stretched during Texas’ blazing summers.

“If we get into a combination of (high demand) and low wind or low solar output or a high number of generators that have been unavailable because they’ve been running so hard, then we may need to go into emergency operations,” said Woody Rickerson, ERCOT’s vice president of planning and operations.

Emergency operations allow ERCOT to tap into additional power resources, including 2,300 additional megawatts of generation, enough to power nearly half a million homes on a hot summer day.

[…]

In light of the catastrophic power failure in the winter, ERCOT on Thursday said it took into account three additional extreme weather scenarios to create its summer electricity forecast, considering scenarios of high heat and low wind or forced power plant outages that have less than a 1 percent chance of occurring. For comparison, ERCOT said the February winter storm was a 1 in 100 event.

“I think the consumers in Texas can be very confident that these are extremely unlikely scenarios,” said Warren Lasher, ERCOT’s senior director of system planning. “We recognize that we failed to appropriately communicate what the potential risks were going into the winter season. These additional extreme scenarios are our initial attempt to proactively try to not only communicate what those extreme risks are, but try to restore the trust of the consumers in Texas.”

For the first time, ERCOT said, it will visit a select group of power plants to evaluate their summer weatherization plans, reviewing plans for cooling critical equipment and stocking fuel supplies. The grid manager also said it will coordinate with power utilities, such as CenterPoint Energy, to limit planned outages to maintain transmission and power lines during the summer months and request power plants to contact natural gas suppliers to ensure availability of the fuel through pipelines.

If power demand exceeds supply, ERCOT said it is prepared to call for emergency operations, including ordering power utilities to turn off power to customers to preserve the integrity of the grid.

I think I speak for all of us when I say “Do better than you did in February”. No one has any faith in the concept of “rolling blackouts” at this point.

The Big Freeze didn’t just screw Texas

I had no idea.

Texas’ deep freeze didn’t just disrupt natural gas supplies throughout Lone Star country—its effects rippled across the country, extending as far north as Minnesota. There, gas utilities had to pay $800 million more than they anticipated during the event, and Minnesota regulators are furious.

“The ineptness and disregard for common-sense utility regulation in Texas makes my blood boil and keeps me up at night,” Katie Sieben, chairwoman of the Minnesota Public Utility Commission, told The Washington Post. “It is maddening and outrageous and completely inexcusable that Texas’s lack of sound utility regulation is having this impact on the rest of the country.”

The gas and electric markets in Texas are lightly regulated and highly competitive, which has pushed companies to deliver energy at the lowest possible cost. But it also means that many companies were ill-prepared when the mercury dropped. To save money, they had skimped on winterizing their equipment. As a result, gas lines across the state—which has about 23 percent of the country’s reserves—quite literally froze. The spot price of natural gas soared to 70-times what it would normally be in Minnesota, and gas utilities paid a hefty premium when they used the daily market to match demand.

In a twist, the biggest gas utility in Minnesota is CenterPoint Energy, a Houston-based company that also supplies a large swath of Southeastern Texas. The company said it spent an additional $500 million on gas that week in February, and it has asked Minnesota’s utility commission for permission to add a surcharge to customers’ bills. The surcharge not only seeks to recoup the additional money CenterPoint spent on natural gas, it also includes 8.75 percent interest. The company expects that each customer would shoulder a burden of $300 to $400.

Crazy, huh? I heard about this from friends on a recent Zoom call. CenterPoint is not only pushing to bill their Minnesota customers more to make up for the price differential, they’re asking to begin doing that in May instead of in September when price adjustments are normally made. They’re doing this because they say they’re in a cash bind, while at the same time their CEO is assuring investors that their cash position is just fine. They sure know how to make friends, don’t they?

The WaPo story has more details. This bit at the end caught my interest:

The state’s attorney general, Keith Ellison, a former Democratic member of Congress, has filed a strongly critical response to CenterPoint’s plan.

It notes that over the two-year payout schedule, the interest charged to customers would amount to $60 million, “at a time when many of them are already behind on their bills.”

CenterPoint argues that the interest charge reflects its own capital borrowing costs and that it is an appropriate item to add to its bills.

“The company has already had to pay most of the natural gas costs from February, but these costs will only be recovered over an extended period of time,” [CenterPoint spokesperson Ross] Corson wrote. “Until recovered, CenterPoint Energy must finance these costs through a combination of debt and equity. Given the unprecedented magnitude of this financial commitment, it is appropriate to include finance charges.”

Annie Levenson-Falk, executive director of a nonprofit called the Citizens Utility Board of Minnesota, asked in an interview why CenterPoint didn’t appeal for voluntary reductions in gas use when it saw prices spike.

She said the utilities should demonstrate why they had to rely so heavily on the spot market. But, she added, “there’s no getting around it — these are big costs that someone is going to have to incur.”

Natural gas, though, is an “essential good,” she said, adding that ordinary Minnesotans, collateral damage in the Texas disaster, are blameless.

“You know, somebody made a lot of money off people needing to heat their homes,” she said. “And that’s not right.”

There’s talk that Minnesota AG Ellison may file a lawsuit against CenterPoint over this. I can already hear the caterwauling from certain local politicians if that happens.

On a side note:

An updated analysis of February’s Texas power crisis by experts at the Electric Reliability Council of Texas shows that lost wind power generation was a small component of the huge losses in electric generation that plunged much of the state into darkness during the severe cold weather.

While Texas Republicans were quick to blame renewable energy during the storm — and have continued to target renewable energy for reform during this year’s legislative session — a recently updated report on the causes of generator outages during the week of Feb. 14 show that the most significant cause of the low power supply to the grid came from natural gas plants shutting down or reducing electricity production due to cold weather, equipment failures and natural gas shortages.

In ERCOT’s first preliminary report on the causes of the power crisis, released in early April, the grid operator included a chart that appeared to show power generation losses from wind as just slightly smaller than natural gas generation losses that week. But that analysis used the capacity of the state’s wind turbines to generate electricity, not what wind turbines would have actually generated if not for the outages.

Wind power feeds into the grid depending on weather conditions, and renewable energy sources typically have much higher potential to generate electricity than what is actually produced on a day-to-day basis; sometimes renewable power generates a lot and at other times none or very little. ERCOT uses detailed weather forecasts to estimate how much wind and solar power will be available to the grid.

In the updated analysis included in a Wednesday ERCOT meeting, the grid operator calculated that for the week of Feb. 14, natural gas power losses were several times that of wind generation.

[…]

The analysis also provided a more detailed picture of the reasons for natural gas outages, showing that disruptions in natural gas supply to the plants were a bigger share of the outages than initially estimated. Still, weather-related problems and equipment problems remained the biggest reasons for natural gas plant outages.

Here’s a pretty picture for you:

Sure would be nice if the Legislature spent less time attacking transgender kids and renewable energy, and more time working to make the grid more reliable and less likely to produce another big freeze, wouldn’t it?

So we bail out the electricity providers

I guess I don’t know enough about our weird electricity market to suggest a viable alternative to this, but it sure doesn’t speak well of our system.

An approximately $2.5 billion plan to bail out Texas’ distressed electricity market from the financial crisis caused by Winter Storm Uri in February was approved by the Texas House Thursday.

The legislation would impose a fee — likely for the next decade or longer — on electricity companies, which would then get passed on to residential and business customers in their power bills. Lawmakers on Wednesday said they could not yet estimate how much it would impact Texans’ electricity bills.

House lawmakers sent House Bill 4492 to the Senate on Thursday after a 129-15 vote. A similar bill is advancing in the Senate.

Some of the state’s electricity providers and generators are financially underwater in the aftermath of the February power outages, which left millions without power and killed more than 100 people. Electricity companies had to buy whatever power was available at the maximum rate allowed by Texas regulations — $9,000 per megawatt hour — during the week of the storm (the average price for power in 2020 was $22 per megawatt hour). Natural gas fuel prices also spiked more than 700% during the storm.

Several companies are nearing default on their bills to the Electric Reliability Council of Texas, which manages the grid that covers most of the state and facilitates financial transactions in it.

Rural electric cooperatives were especially hard hit; Brazos Electric Power Cooperative, which supplies electricity to 1.5 million customers, filed for bankruptcy citing a $1.8 billion debt to ERCOT.

State Rep. Chris Paddie, R-Marshall, the bill’s author, said a second bailout bill will be necessary during the current legislative session for severely distressed electric cooperatives.

“This is a financial crisis, and it’s a big one,” James Schaefer, a senior managing director at Guggenheim Partners, an investment bank, told lawmakers at a House State Affairs Committee hearing in early April. He warned that more bankruptcies would cause higher costs to customers and hurt the state’s image in the eyes of investors.

“You’ve got to free the system,” Schaefer said. “It’s horrible that a bunch of folks have to pay, but it’s a system-wide failure. If you let a bunch of folks crash, it’s not a good look for your state.”

If approved by the Senate and Gov. Greg Abbott, a newly-created Texas Electric Securitization Corp. would use the money raised from the fees for bonds to help pay the companies’ debts, including costs for ancillary services, a financial product that helps ensure power is continuously generated. The aid would only be allowed for the debt that would otherwise be defaulted.

Hard to say how much this will increase the average monthly electric bill, but I’m sure someone will study that. Having a bunch of bankruptcies would be bad for a variety of reasons, so this is what we’re doing, but let’s take a moment to review the bidding on our deregulated electricity market. Massive statewide blackouts (and water failures) during the freeze because there was no requirement to weatherize the systems (even though we had experienced similar, though smaller scale, blackouts before, in recent memory), which led to a huge financial crisis in the industry that is now requiring a state bailout as well as a large state investment in weatherization, because otherwise that was never going to happen. All this, and we have higher consumer prices than other states. Is this a great system or what?

Meanwhile, in other ERCOT news:

During February’s deadly winter storm, Gov. Greg Abbott and many state lawmakers quickly criticized the Electric Reliability Council of Texas because several members of its large governing board reside outside Texas.

Many of the out-of-state board members are experts in the electricity field, but resigned following criticism of the agency’s oversight of the state’s main power grid during the storm that left millions of Texans without electricity for days in freezing temperatures.

State lawmakers are now trying to change the way ERCOT is governed by requiring members to live in Texas and giving more board seats to political appointees — changes that experts say may do little to improve the power grid.

One former board member who resigned after the storm, Peter Cramton, criticized legislation for politicizing the grid operator’s board.

“These people would be political types without electricity expertise,” he told The Texas Tribune.

The Texas House has already approved House Bill 10, which would remove independent outside voices on the ERCOT board and replace them with five political appointees. The governor would appoint three of those people, while the lieutenant governor and speaker of the House would each appoint one. None of the appointees would be required to be electricity experts. The only requirement is that appointees live in Texas.

Senate Bill 2, which has cleared the upper chamber, would give the governor five ERCOT board member appointments.

[…]

The political appointees replace what are now called “unaffiliated members,” who mostly served as outside expert voices. The other board members currently represent regions across the state that make up the ERCOT grid, as well as non-voting members such as the chair of the Public Utility Commission, which oversees ERCOT.

Some power grid experts have said in legislative testimony, at industry events and in interviews that they don’t see how giving more power to the political class — and making minor tweaks like requiring all board members reside in Texas — could improve the grid operator.

“From the consumer standpoint, we really depend on those unaffiliated directors to make decisions that are in customers’ interest and in the interest of the overall health of the ERCOT market,” Katie Coleman, who represents Texas Industrial Energy Consumers, said at a recent industry conference.

Seriously, WTF are we even doing here?

Funding weatherization

I’m okay with this, with one caveat.

A plan to help finance what will likely become mandatory power plant upgrades to withstand more extreme weather in the wake of the February power crisis received preliminary approval in the Texas House on Monday.

The failure of power plants to produce power during very cold temperatures was a major cause of the February power outages in Texas that left more than 4.8 million customers without electricity for days and caused more than 100 deaths. Natural gas plants shutting down or reducing electricity production due to cold weather was the most significant source of outages, according to an analysis by the Electric Reliability Council of Texas, which manages the grid that covers much of the state.

House members voted 126-18 in favor of a $2 billion program that would be created by House Bill 2000 by state Rep. Dan Huberty, R-Houston.

“We are looking forward to make sure these things don’t happen again,” Huberty said. “We can’t shut the Texas economy down by losing power and losing lives. That can never happen again.”

Modeled after the state’s water infrastructure fund, House Bill 2000 and the corresponding House Joint Resolution 2 would allocate $2 billion of state funds to help finance what could be expensive — and likely mandatory — upgrades to power plants in Texas to withstand more extreme weather conditions by providing electricity generators with access to grants and low-cost loans for the projects. House Joint Resolution 2 was also advanced in a 126-18 vote.

Most power plants in Texas are not built to withstand very cold weather and experts have said that retrofitting plants will be more costly and difficult than building weatherized plants in the first place. Still, it is technically and economically possible, energy experts have told the Tribune, depending on the type of weatherization the state may eventually mandate.

Concerned that a mandate to upgrade would cause companies or municipalities to shut down power plants and further reduce the state’s available power supply, lawmakers sought a way to provide a financial boost to the effort.

A State Utilities Reliability Fund (SURF) and the State Utilities Reliability Revenue Fund — modeled after the state’s existing funds for water infrastructure projects — would be created by Huberty’s proposed constitutional amendment and corresponding bill. The plan would need to be approved by voters in November if passed by two-thirds of the Texas House and Senate because it alters the state’s constitution.

In 2013, the Legislature created the State Water Implementation Fund for Texas, known as SWIFT, by allocating $2 billion from Texas’ economic stabilization fund, better known as the “rainy day” fund. It offers subsidies and help with low-cost loans for municipal water infrastructure projects, said Rebecca Trevino, chief financial officer of the Texas Water Development Board, which is charged with managing the fund.

The “SURF” fund would function similarly, but instead of offering the low-cost loans and grants to municipalities, the fund would also offer those financing tools to for-profit power generation companies and others to upgrade plants to withstand more extreme weather conditions.

I’m okay with this approach, even if it is using public funds to subsidize for-profit companies, because the need outweighs the other concerns. We’re not going to scrap the system we have now for something that makes more sense, so the least we can do is address this glaring need so we (hopefully) never face a situation where hundreds of people die because of weather.

The caveat comes from the comparison to the water infrastructure fund that the Lege authorized following the 2011 drought. There may be a nice clean report on the SWIFT homepage that tells me just how much new water infrastructure has been financed and built (or is being built) as a result of that fund, but I’m not seeing it. I would like very much for there to be an easy-to-find progress report on whatever future SURF page we wind up with, so this is visible to everyone. Maybe if the progress we get isn’t what we hoped for, that will enable us to spot it and do something about it in a timely fashion.

Trib polling roundup, part 1

On COVID and vaccinations.

Texas voters are feeling safer about being out in public, and better about getting COVID-19 vaccines, but a majority of the state’s voters still consider the coronavirus a “significant crisis,” according to a new University of Texas/Texas Tribune Poll.

In the first UT/TT Poll of the pandemic, conducted a year ago, 63% of Texans said they were “only leaving my residence when I absolutely have to.” That has fallen to 21%; in the current poll, 33% said they were “living normally, coming and going as usual,” and another 44% said they are still leaving home, “but being careful when I do.” The majority of Democrats, 55%, were in that last group, while 55% of Republicans said they are living normally.

“Democrats are still living as if it’s April of last year, but Republicans are pretty much back to normal,” said Joshua Blank, research director for the Texas Politics Project at the University of Texas at Austin.

Those Texas voters haven’t thrown caution to the wind, however: 74% said they’re staying away from large groups, 64% are “avoiding other people as much as possible,” and 80% are wearing masks when in close contact with people outside their households.

I personally am in the “I leave home but am careful when I do” group – I’ve been in that group for awhile, and I expect to stay in it for the foreseeable future. Mostly that means I wear a mask when inside someplace other than my house, and it means I try to avoid being inside someplace other than my house if there isn’t a good reason for it. In other words, shopping is fine, ordering at restaurants (I’m eating outside or taking it to go for now) is fine, visiting the doctor or getting a haircut is fine, but I’ll pass on going to a bar or movie theater at this time. We have been to hotels, and we will travel via airplane in July. When the societal vax level is higher, I’ll be more open to more things. Your level of risk acceptance may vary.

Two-thirds of Texas voters said vaccines against the coronavirus are safe, while 18% said they’re unsafe and 16% were unsure. Democrats (86%) were more likely than Republicans (53%) to hold that view. Likewise, 66% said the coronavirus vaccines are effective, including 86% of Democrats and 55% of Republicans.

Asked whether they’ll get vaccinated when they can, 64% either said yes or that they’ve already been vaccinated, 22% said they won’t get a shot and 14% were unsure. Again, there was a partisan split behind those results, with 84% of Democrats saying they would get vaccinated or already have been, 51% of Republicans and 51% of independent voters saying the same.

In a June 2020 UT/TT Poll — before vaccines had been developed — 59% of Texas voters said they would get the shots if they became available, 21% said no and the rest were undecided. In October’s poll, 42% planned to get vaccinations, and 51% said in February of this year that they would either get the vaccination or already received it. Vaccine hesitancy has dropped accordingly, from 57% saying they were not going to get shots or were undecided in October, to 48% in February, to 36% in the most recent poll.

It’s that fourteen percent we need to concentrate on. Maybe over time pressure from family members or the threat of being fired will get some of the total resisters to get vaxxed, but the folks who are merely hesitant or who have obstacles in their way need to be accommodated in whatever way we can. Getting above 75% for the total vaccination rate would be big.

When it comes to government response to the pandemic, Texans hold the performance of their local governments above either state or federal governments. More than half (53%) approve of how their local officials have handled things, while 45% approve of the state’s work and 47% approve of the federal government’s response.

The good marks for local government, unlike those for state and federal governments, come from both parties. Among Democrats, 56% approve of local handling of the coronavirus, and 54% of Republicans feel the same way. The federal government, with a Democrat in the White House, gets 76% approval from Democrats and 58% disapproval from Republicans. And the state, with a Republican in the Governor’s Mansion, gets approval from 72% of Republicans and disapproval from 71% of Democrats.

Almost half of Texas voters (49%) approve of President Joe Biden’s handling of the coronavirus, while 35% disapprove. For Gov. Greg Abbott, 43% approve of his work and 48% disapprove; a year ago, 56% thought the governor was doing a good job with the coronavirus.

That’s a pretty robust approval number for President Biden, and a surprisingly poor one for Greg Abbott. It may just be that Democratic approval for Abbott has fallen to the kind of levels that Dan Patrick gets, but that would still be a big deal, since Abbott significantly outperformed Patrick in 2018. If Biden’s approval level remains in that ballpark, 2022 may be a pretty decent year for Dems here. Insert all the usual caveats about how far off things are, it’s one poll, the national environment matters, etc etc etc.

On the Big Freeze and its power outages:

Texas voters overwhelmingly support requiring energy providers to protect their facilities from bad weather, and a slim majority thinks the government should pay for that weatherization, according to the latest University of Texas/Texas Tribune Poll.

Having lived through a statewide winter freeze and electricity outages in February, 84% of Texas voters said those facilities should be weatherized, and 52% said government funds should pay for it.

“The main thing that the Legislature is talking about — weatherization — is the main thing that voters say they should do,” said James Henson, co-director of the poll and head of the Texas Politics Project at the University of Texas at Austin.

Other proposals have strong support: 81% of voters think the members of the Electric Reliability Council of Texas, or ERCOT, the state’s grid manager, should live in the state; 81% said companies and regulators should be required to ensure higher levels of reserve power to meet spikes in demand; 78% want a statewide disaster alert system.

It remains to be seen what the Lege will actually do, but as far as what candidates should be talking about in 2022, it’s pretty clear on this front.

On voter suppression:

Asking whether the state’s election system discriminates against people of color depends on whether you are talking to Hispanic voters, who are split, Black voters, a majority of whom say it is discriminatory, and white voters, most of whom say it isn’t, according to the new University of Texas/Texas Tribune Poll.

Overall, 52% of Texas voters said the system doesn’t discriminate. But the question is divisive: 73% of Democrats said it does and 88% of Republicans said it doesn’t. Among white voters, 62% said the system doesn’t discriminate, but 58% of Black voters said it does. Hispanic voters were divided, with 43% saying it does discriminate and 42% saying it doesn’t.

[…]

Most voters (80%) agree that counties should keep paper records so voters can verify that their ballots are counted. And 65% agree that vote-counting equipment shouldn’t be connected to the internet or other computer networks. Smaller majorities — 56% each — said they would require the state’s biggest counties to livestream and record areas where ballots are counted, and that they would prohibit counties from sending vote-by-mail applications to people who didn’t request them.

“Texas voters are open to increasing security, against increasing barriers and decreasing convenience,” said James Henson, director of the Texas Politics Project at the University of Texas at Austin and co-director of the poll. “When convenience begin to compete with election integrity and fraud, the Republicans back off a little.”

Other proposals have the support of most Republicans, but not of most voters. Allowing volunteer poll watchers to take pictures, record video and audio of voters has the support of 48% of Texans, but 71% of Republicans. While 47% of Texans would allow drive-thru voting, 64% of Republicans said that should be prohibited. Only 36% of Texas voters would prohibit counties from allowing more than 12 hours per day during the last week of early voting, which has the support of 60% of Republicans.

The data is here, though that’s just the high-level stuff. Giving more latitude to poll watchers got a plurality, but drive-through voting (47-42) and extended early voting hours (47-36) were preferred by the voters, so that’s two out of three for the good guys. People like convenience, it’s a simple enough thing. I’ll take my chances campaigning on that next year.

The plight of the city-owned gas utilities

It’s rough.

In the wake of last month’s winter disaster, which nearly crashed the state’s power grid and killed more than 100 people, state lawmakers convened hearings to probe how a weeklong winter storm had crippled the state. They have proposed laws to prevent similar catastrophes in the future.

Meanwhile, staggeringly high bills for the storm are coming due.

Most Texas residents receive their natural gas from large private utilities such as CenterPoint Energy, Atmos Energy and Texas Gas Service, which collectively incurred billions of dollars in extra costs buying natural gas at the height of the crisis. In public filings and statements, they said they would pay their suppliers with cash reserves and by borrowing money.

Yet about 80 Texas communities operate their own natural gas utilities, many artifacts from an earlier time that municipalities have held on to in an effort to keep rates low. Most are small cities that don’t have the same resources or bargaining power to cover the massive bills they owe to companies that delivered the gas. They have fewer customers among whom they can spread unexpected costs.

Attorney General Ken Paxton has vowed to investigate the storm’s sky-high gas prices. Unlike the state’s electricity market, where the Electric Reliability Council of Texas pays an independent market monitor to ensure companies follow the rules, the gas industry has no equivalent watchdog position.

Deals between municipalities and gas delivery companies are considered arrangements outside most regulation, said Sen. Lois Kolkhorst, R-Brenham, whose district includes several city gas utilities facing astronomical February bills. “These are signed contracts between a city and a gas supplier without state oversight,” she said, “which is why Texans must take a hard look at the issue of potential market manipulation and regulatory failures that have created this ridiculous ripoff.”

Officials in hard-hit cities have pledged not to pass on the bloated costs to customers all at once, saying they will break up any money owed into small increases billed to residents over as long as a decade or more. For now, however, the giant bills municipal utilities owe to distributors loom.

In Bellville, whose municipal gas utility serves a population of 4,097, February’s gas bill came to about $2 million — “a sixth of our entire annual budget,” said Mayor James Harrison. He said finding the money to pay for what was essentially one week’s worth of gas could set back the city’s development for years.

“We have plans to retop streets, take out a bond to build a new police station,” he said. “We’re not trying to get out of the bill. We’re just looking for answers right now, and we don’t have any.”

“We don’t have that kind of money,” added Bay City Mayor Robert Nelson. “Our customers don’t have it. How can we pay it?”

It’s not clear to me that this isn’t just how the market is set up to work, but there could be something there to investigate. I think Sen. Kolkhorst has identified the problem, so it’s mostly a matter of what if anything the Legislature wants to do about it. My guess is that this isn’t a high enough priority for them, but it is in their power. I wish the people of Bellville and Bay City and wherever else good luck in sorting this out.

ERCOT roundup

Just a few stories of interest that I didn’t feel like putting in their own posts…

ERCOT will argue it is immune from lawsuits.

The Electric Reliability Council of Texas will argue that it has governmental immunity that protects it from the at least 35 lawsuits that have been filed against the operator after February’s disastrous winter storm which killed dozens of people and created millions of dollars of damages.

“ERCOT has and will continue to assert that it is entitled to sovereign immunity due to its organization and function as an arm of State government,” the organization wrote in a Wednesday court filing requesting to consolidate several of the lawsuits it’s battling.

Sovereign immunity grants protections for state agencies against lawsuits, with some exceptions. And this isn’t the first time ERCOT has made the argument — with some success — that it should be shielded from lawsuits due to its role acting upon the directives of state agencies and lawmakers.

In 2018, an appeals court in Dallas ruled that ERCOT, despite the fact that it is a private nonprofit, has sovereign immunity after Dallas-based utility Panda Power sued the operator over allegations of flawed energy projections.

That immunity was challenged at the Texas Supreme Court last month. However, the high court refused to rule on the issue, claiming it lacked jurisdiction because the original case that posed the question was dismissed — a hotly contested opinion with four of the nine justices dissenting.

See here for the previous update. I don’t know what practical effect this might have if ERCOT succeeds, but as a general principle I think this kind of legal immunity needs to be carefully limited. Maybe it’s appropriate here, but there needs to be a strong argument for it.

ERCOT: Blackout primarily caused by power plants freezing up:

The massive loss in power generation during the Texas blackout in February was caused primarily by power plants freezing up under historically cold conditions, according to a new report by the Electric Reliability Council of Texas Tuesday.

The state’s grid operator reported that on the morning of Feb. 16, the most severe moment of the blackout, 54 percent of the loss of power supply stemmed from weather-related issues at power plants, while 12 percent was due to a lack of fuel such as natural gas. Some 51,000 megawatts of generation — more than half of the system’s capacity — were offline at the height of the blackouts at 8 a.m. of Feb. 16, ERCOT reported.

The findings come as state officials are debating how to fix the state’s energy system to prevent a repeat of the power outages that left millions of Texans without power for days on end.

The report Tuesday offered a fairly limited perspective on what went wrong, failing to explain why specific types of generation were unable to operate during the winter storm or what happened. But it will add questions to how well prepared ERCOT and the state’s power plants were for cold weather, despite warnings from the Federal Energy Regulatory Commission to winterize following a less severe cold snap in 2011.

[…]

After weather-related problems, the second biggest loss of generation on Feb. 16 was caused by planned or unexpected outages prior to the cold snap that began sweeping Texas earlier in the week, accounting for 15 percent of lost power supply.

Another 14 percent of lost generation came from equipment failures unrelated to the weather. Only four percent of outages were due to transmission problems or a short drop in the frequency of the power grid that occurred early Monday morning.

I don’t know enough to say what this means in terms of figuring out the best path forward, but I sure hope that the Legislature has some people who know how to read a report like this available to explain it to them. We screwed this kind of response up last time. We have no excuse for screwing it up again.

Faulting ERCOT, insurer says it shouldn’t have to cover storm damages:

ERCOT’s insurance company is seeking a court ruling excusing it from defending Texas’ electric grid manager from lawsuits or covering damages stemming from the catastrophic power failure in February.

The Cincinnati Insurance Co. on Tuesday sought relief from the U.S. district court in Austin, arguing it does not have to defend the Electric Reliability Council of Texas because it does not view the power outages as an accident, defined by the insurer as a “fortuitous, unexpected, and unintended event.” As a result, the company said it has no obligation under its insurance policy to cover ERCOT, which faces a flood of lawsuits after the winter storm.

“The allegations in the Underlying Lawsuits allege ERCOT either knew, should have known, expected, and/or intended, that Winter Storm Uri would cause the same power outages which occurred as a result of previous storms in Texas, including storms in 1989 and 2011,” the insurer said in court documents. “The Underlying Lawsuits allege the power outages caused by Winter Storm Uri were a result of the exact same failures including failures of the same generators which failed in the previous winter storms, and therefore, the power outages were foreseeable, expected, and/or intended.”

[…]

ERCOT’s insurance policy with Cincinnati Insurance, effective until June 2022, states that the insurer “will pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’ or ‘property damage’ to which this insurance applies. We will have the right and duty to defend the insured against any ‘suit’ seeking those damages.’

The policy, however, says Cincinnati Insurance has no duty to defend ERCOT in cases in which the insurance policy does not apply, and retains the discretion to investigate any “occurance” and settle any claim or lawsuit that results from it. The insurer defines “occurrence” as “an accident, including continuous or repeated exposure to substantially the same general harmful conditions.”

In case you were wondering why ERCOT really doesn’t want to be sued. Also, when was the last time that an insurance company paid a claim without fighting it?

An open Texas power grid would boost reliability and renewables, experts say.

Since the February power outages, Texas legislators have been busy weighing a host of improvements for the state’s grid, from weatherizing equipment to shaking up oversight to partnering with the billionaire investor Warren Buffett on new emergency-use power plants.

But hardly any of them have focused on what some believe could be a more widespread fix: plugging into other U.S. power supplies.

While Texas has long opposed opening its grid to avoid federal oversight, and ostensibly to keep prices low, energy experts say the calculus is not what it once was and that the benefits of connecting to the outside world are at least worth examining, especially as renewable energy is poised for a major expansion under the Biden administration.

Not only is the state missing out on a potential lifeline in future blackouts, they warn, it also risks passing up billions of dollars in new investments for clean, marketable electricity.

“We export every form of energy you could imagine except electrons,” Michael Webber, a professor at the University of Texas at Austin, told reporters recently. “This is ridiculous,” he said. “Let’s at least study the option.”

There are some good arguments for this, and some reasonable ones for maintaining the independence of the Texas grid. Just because our setup is dumb and expensive and unreliable doesn’t mean it has to be that way, after all. But this is all an academic point, because there’s a zero percent chance this happens. Go ahead and write a report, but don’t ever expect Greg Abbott or Dan Patrick to read it.

It was worse in Harris County during the freeze

Very interesting.

Harris County residents were far more likely to have lost electricity and water during February’s winter storm and blackout crisis than residents of other Texas counties, a survey by the University of Houston’s Hobby School of Public Affairs found.

The findings may help explain why Harris County residents account for a third of the almost 200 deaths so far attributed to the storm, while only accounting for 16 percent of the state’s population. Most froze to death in their homes or while exposed to the elements, succumbed to carbon monoxide poisoning or died when medical devices failed without electricity.

“During the week of the winter storm, Harris County residents were significantly more likely than other Texans to lose electrical power, lose internet service, lose access to drinkable water, be without running water, lose cell phone service, have food spoil, suffer economic damages, and experience difficulty finding a plumber,” the survey authors wrote.

Ninety-one percent of Harris County survey respondents said they lost power during the blackouts, compared to 64 percent of respondents from the other 212 counties on the state’s main power grid. Asked if they had lost water, 65 percent of Harris County residents said yes, compared to 44 percent of those in other counties. Thirty-eight percent of local respondents said they suffered burst pipes.

On average, Harris County respondents were without electricity for 49 total hours and 39 consecutive hours, confirming that the outages were not rotating as the grid operator, ERCOT, had hoped. CenterPoint Energy, the Houston area’s electricity distributor, said during the crisis it could not rotate blackouts because the drop in available power to distribute was so severe.

Perhaps unsurprisingly, 72 percent of Harris County respondents said they somewhat or strongly disagreed that the power outages were distributed in an equitable manner.

[…]

The survey also measured how Harris County respondents rated the performance of government officials and entities during the storm. President Joe Biden and County Judge Lina Hidalgo scored the highest, with more than 45 percent of respondents somewhat or strongly approving of their handling of the crisis.

Gov. Greg Abbott and state government as a whole were rated poorly, with about 21 percent somewhat or strongly approving of their performance. ERCOT polled the worst, with 78 percent of respondents somewhat or strongly disapproving of the power grid operator’s performance.

The survey found broad support among Harris County residents who identify as Republicans, Democrats and independents for a series of reforms. More than 70 percent of these respondents said they supported requiring the electric grid and natural gas pipelines to fully winterize and giving the Public Utilities Commission greater oversight over the electric grid.

Fifty-three percent of respondents, however, said they were unwilling to have higher utility bills to ensure the grid is better-prepared for severe weather.

The landing page for this poll is here. The data for Harris County is here and for the state as a whole is here. The poll was done via a webpanel, with a sample of 1500 adults in total, and an oversample of 513 adults in Harris County. Note that as before, the partisan makeup of the sample is more Democratic than it would be if we were talking about registered voters. In Harris County, it was 38% Democrats, 36% Independents, and 18% Republicans, and statewide it was 32% Dem, 30% Independent, and 25% Republican. I sent an inquiry about that, and was told that among those who reported voting in the 2020 election, Trump won by a 51-47 margin, not far off from the actual 52-46 spread. In other words, if there’s a Democratic skew it’s among the non-voters.

I say all that up front because there were approval ratings in the polls, at least for how the freeze was handled. For the statewide sample:

Governor Greg Abbott: Strong approve 15%, somewhat approve 13%, neutral 15%, somewhat disapprove 10%, strong disapprove 38%
Your County Judge: Strong approve 14%, somewhat approve 11%, neutral 26%, somewhat disapprove 7%, strong disapprove 16%
Your Mayor: Strong approve 14%, somewhat approve 14%, neutral 27%, somewhat disapprove 8%, strong disapprove 17%
President Joe Biden: Strong approve 21%, somewhat approve 11%, neutral 21%, somewhat disapprove 5%, strong disapprove 32%

And for Harris County:

Governor Greg Abbott: Strong approve 12%, somewhat approve 9%, neutral 17%, somewhat disapprove 9%, strong disapprove 47%
County Judge Lina Hidalgo: Strong approve 35%, somewhat approve 13%, neutral 19%, somewhat disapprove 6%, strong disapprove 18%
Your Mayor: Strong approve 27%, somewhat approve 19%, neutral 19%, somewhat disapprove 6%, strong disapprove 19%
President Joe Biden: Strong approve 36%, somewhat approve 13%, neutral 20%, somewhat disapprove 5%, strong disapprove 19%

Again, bear in mind the partisan breakdown of the sample. There’s a lot more to the polls, and a separate set of questions about lifting COVID-19 restrictions that I’ll write about separately, so go check it out.

Chron analysis puts freeze death total at 194

Sobering, to say the least.

The deaths of nearly 200 people are linked to February’s cold snap and blackouts, a Houston Chronicle analysis reveals, making the natural disaster one of the worst in Texas this past century.

The tally, which is nearly double the state’s official count, comes from an investigation of reports from medical examiners, justices of the peace and Department of State Health Services, as well as lawsuits and news stories.

The state count, which is preliminary, has yet to incorporate some deaths already flagged by medical examiners as storm-related.

The 194 deaths identified by the Chronicle so far include at least 100 cases of hypothermia that killed people in their homes or while exposed to the elements, at least 16 carbon monoxide poisonings of residents who used dangerous methods for heat and at least 22 Texans who died when medical devices failed without power or who were unable to seek live-saving care because of the weather.

Sixteen deaths were from other causes, such as fires or vehicle wrecks, while the remaining 40 were attributed by authorities to the storm without listing a specific cause.

“This is almost double the death toll from Hurricane Harvey,” said State Rep. Rafael Anchia, D-Dallas. “There was no live footage of flooded homes, or roofs being blown off, or tidal surges, but this was more deadly and devastating than anything we’ve experienced in modern state history.”

The toll is almost certain to grow in coming weeks as death investigators in the state’s most populous counties clear a backlog in cases from the cold snap. The Travis County medical examiner alone is investigating more than 80 deaths between Feb. 13 and Feb. 20.

The deaths come from 57 counties in all regions of the state but are disproportionately centered on the Houston area, which at times during the crisis accounted for nearly half of all power outages. Of the known ages, races and ethnicities of the victims, 74 percent were people of color. Half were at least 65. Six were children.

The previous count released by the state was 111, but as noted then and in this story that is sure to go up. There’s no central database for this kind of thing, only 14 counties have a medical examiner’s office, and not all county data is currently available. As with COVID deaths, there are likely some cases where one could argue whether the freeze was the actual cause of death or whether it was just proximate. The main point here is that the freeze was responsible for a lot of misery around the state and by any count more deaths than there were from Hurricane Harvey. It remains to be seen if the Legislature and the Public Utility Commission (which currently has no members) are taking adequate action to prevent this from ever happening again.

The infrastructure bill and the power grid

Of interest.

President Joe Biden’s $2 trillion infrastructure plan could help rebuild Texas highways and ports and push broadband into rural parts of the state, where up to 31 percent of residents do not have access to high-speed internet.

It could help Texas weatherize the grid in a way that wouldn’t stick consumers with the bill as well as guard the Gulf Coast against hurricanes and address racial disparities that have made Latino and Black communities particularly vulnerable to natural disasters.

The infrastructure pitch is the president’s latest attempt to offer up money for things Republican leaders in Texas have been looking for funds to cover, as well as some that state lawmakers have been reluctant to take on.

But the president’s latest proposal also comes with a heavy emphasis on clean energy that some Texas Republicans have framed as an attack on the state’s oil industry, and Biden is calling for corporate tax increases to foot the bill.

[…]

Though Biden outlined the package in Pittsburgh on Wednesday, the pitch may as well have been aimed at Texas.

“As we saw in Texas and elsewhere, our electrical power grids are vulnerable to storms, catastrophic failures and security lapses to tragic results,” Biden said, pledging to “put hundreds of thousands of people to work” rebuilding a “modern, resilient and fully clean grid” and capping hundreds of thousands of dry oil and gas wells, many in Texas.

[…]

The infrastructure bill could also help pick up the tab — if not cover completely — the cost of weatherizing Texas’ power grid, which state lawmakers are so far requiring the industry to cover. Consumer advocates have warned those costs would then be passed down to consumers.

So far the White House has not detailed specific projects, but the plan calls for $100 billion to be spent on energy projects, including upgrades to electrical grids. [Michael Webber, an energy resources professor at the University of Texas at Austin] said given that Texas accounts for about 8 percent of the U.S. population and 10 percent of the GDP, a proportionate slice of that $100 billion would cover the estimated $8 to $10 billion price of weatherizing the grid.

But the president’s push for green energy in the infrastructure package already has state leaders pushing back.

The Texas Legislature is working to counteract tax credits for clean energy Biden would extend as his proposal aims for 100 percent carbon-free electricity by 2035. The state Senate passed a bill this week adding fees on solar and wind electricity production in the state in hopes of boosting fossil fuels.

More far-reaching proposals for clean energy in the plan could have major implications for the Texas oil and gas industry. Republicans are calling it Biden’s latest attack on fossil fuels after moves to end the Keystone XL pipeline and pause drilling on federal lands.

As Biden is calling for pouring $174 billion to juice the electric vehicle market and another $213 billion to retrofit 2 million homes and businesses to increase energy efficiency, he is also proposing spending $16 billion plugging oil wells — an endeavor Webber said could be a multi-billion dollar industry in Texas offering plenty of jobs to oil workers worried about Biden’s clean energy bent.

“This is a multi-hundred million to multi-billion dollar economic opportunity,” he said. “If you’re looking to be angry, you could be angry about what this might do to oil and gas — but I would say actually it’s a pretty good opportunity.”

As a reminder, right now this is the Infrastructure Plan That Is Not Yet A Bill, though the House is now working on what it will look like as legislation. The Texas Senate has passed its bill to overhaul the electricity market, which has some good things in it as well as that dumb and petty attack on renewable energy, which last I checked was still big business in Texas. The fact that Biden’s plan includes ending tax subsidies to fossil fuel companies will I’m sure have heads exploding all over the state. I have to assume that federal funds to cover the cost of weatherizing the grid would be scooped up and used, though never acknowledged and certainly not voted for by Republicans.

It’s hard to know how any of this will play out, given that we don’t have a piece of legislation yet, and we very much have to take into account the whole filibuster obstacle in the Senate. I have read elsewhere that the legislative calendar is such that this would all need to be done by late summer, so to say the least it’s a race. As a reminder, if you want to know more about the plan, see Slate and the Trib.

Freeze-related lawsuit filed against CenterPoint

Of interest.

Several more Houston families of victims of the February freeze are among the latest to sue CenterPoint Energy for allowing vulnerable people to languish without power during what were supposed to be brief blackouts.

Travis Flowers, 66, and Qazi Momin, 83, relied on oxygen tanks to survive, according to separate lawsuits — both of which were filed Friday by lawyer Tony Buzbee.

In the case of Flowers, the power at the Army veteran’s Houston home went out Feb. 15 and his wife, Brenda Flowers, swapped out his powerless tank for a portable device. By then, the home was too cold for the backup tank to work, according to the lawsuit. Flowers’ oxygen levels dropped dangerously low and he died at a hospital.

Two days later, when the power went out at another residence, Momin’s caretaker found him breathing rapidly. His oxygen tank was without power, the suit states. She “tried to make him comfortable using pillows to support him” but hours later, he stopped breathing.

Her phone was dead “so she went to her car to charge it so that she could call for help.”

Details surrounding Flowers’ and Momin’s deaths could not be found in medical examiner records.

The wrongful death litigation, among several filed after the winter storm that knocked out power for millions of Texans, both accuse CenterPoint — a private utilities company — of negligence for cutting power to Flowers’ and Momin’s homes as the temperature lingered below freezing.

[…]

Although CenterPoint was acting on instructions from the Electric Reliability Council of Texas to lighten the power load, the regional energy company, Buzbee contends, was able to choose which circuits to sever power to and for how long. ERCOT, who is named in this case but not a defendant, manages most of Texas’ electrical grid through a deregulated market.

The lawsuit claims the energy company failed to disclose the possibility of a failing power grid or prepare Houstonians to keep warm or leave the area. The nine-page document points to a tweet that CenterPoint officials wrote the morning of Flowers’ death that states “controlled, rotating electric outages” would begin but that they would be temporary.

“At (the) same time that CenterPoint and others were telling the public that the blackouts were temporary and rolling, public officials were urging people to stay home and off the roads,” the suit reads.

Transparency and “balanced rotations of power” in Houston neighborhoods, Buzbee argues, could have saved their lives.

There have been other freeze-related lawsuits filed, against the now-bankrupt Griddy and against Entergy, with the latter also from the busy office of Tony Buzbee. There’s also litigation against ERCOT, though it remains an open question as to whether or not ERCOT can be sued in this fashion. I don’t have any particular insight about this action other than to say that however much you might think CenterPoint is at fault, the greater responsibility in my opinion lies with the Legislature and the state’s regulatory structure. None of that can really be sued (except maybe ERCOT), so here we are.

On a related note:

Last month’s disastrous and deadly winter storm impacted most Texans served by the state’s main power grid, with almost 70% of those people losing power in subfreezing temperatures and almost half experiencing a water outage, according to a new report from the University of Houston.

And although Texans were told to prepare for short-term, rolling power outages ahead of the storm, those who lost electricity ended up going an average of 42 hours without it, the survey found.

As the updated death toll from the storm reached 111 deaths last week, the severity of its full force has continued to come into focus. The damage the storm wrecked could make it the costliest disaster in Texas history.

That report is here. I figure we were without power for about 50 hours at our house – about half of Monday, all of Tuesday, and about half of Wednesday. Doesn’t have any direct bearing on the litigation around this, but it’s another reminder of just how bad this was, if for some reason we needed one.

Winter storm death count now at 111

A revision of the numbers. Expect this to happen at least once more.

At least 111 Texans died as a result of last month’s winter storm, according to updated numbers released Thursday by the state Department of State Health Services.

The newly revised number is nearly twice what the department had estimated last week, and will likely continue to grow. Some of Texas’ larger counties, such as Tarrant County, have yet to report any storm-related deaths.

The majority of people died from hypothermia, but health officials also attributed deaths to “motor vehicle accidents, carbon monoxide poisoning, medical equipment failure, exacerbation of chronic illness, lack of home oxygen, falls and fire.”

[…]

Harris County reported 31 storm-related deaths, the largest share in the state. Travis County followed with nine deaths.

Health officials will continue to update their preliminary findings weekly.

According to DSHS, the data is compiled from forms that certify deaths are related to a disaster, notification from death certifiers and analyses of death certificates from state epidemiologists.

See here for the background. As a reminder, there were 103 deaths attributed to Hurricane Harvey, so the February freeze event (I’m sorry, I’ve not adopted the new paradigm of naming winter storms, so I have not and probably will not again refer to this as “Winter Storm Uri”) has now surpassed that total. And will likely put some more distance between them when the next month’s data is available.

There has been a bit of legislative action on this front.

A bill that would overhaul Texas’ energy industry — including mandating weatherization for natural gas and power generators — was approved by a Texas Senate committee on Thursday.

The sweeping Senate Bill 3, sponsored by Republican state Sen. Charles Schwertner of Georgetown, includes a number of reforms that have been floating around the state Capitol since last month’s deadly winter storm left millions without electricity during freezing temperatures. While the Texas House earlier this month approved a package of similar, standalone bills, Thursday’s vote represents the first substantive action on the issue by the upper chamber.

“This is an important issue to get right for the people of Texas, for the future of Texas, for the economy of Texas,” Schwertner said.

Chief among the bill’s provisions is a requirement that all power generators, transmission lines, natural gas facilities and pipelines make upgrades for extreme weather conditions — a process known as weatherization. Many power generators and gas companies were ill-suited for the freezing temperatures in February, which led gas pipelines to freeze and power transmission to falter.

The measure would delegate rulemaking authority to the Texas Railroad Commission, which regulates the oil and gas industries, and the Texas Public Utility Commission, which regulates the electric and telecommunication industries. If a gas or energy company fails to comply with the weatherization rules, it would face a fine up to $1 million for each offense. The bill does not address funding to pay for the required upgrades.

A Texas House committee earlier this month passed a similar weatherization bill. But the requirements only apply to electric companies, not natural gas companies. In public testimony before the Legislature, Railroad Commission Chair Christi Craddick largely dodged talks of winterizing the natural gas supply chain.

There’s more, so read the rest. I don’t know enough to offer a general critique of these bills, but I would certainly argue that natural gas companies should have the same weatherization requirements. All of these bills are sure to change as they move from one chamber to the other, so we’ll need to see where they wind up.

SCoTX punts on ERCOT lawsuit question

Wimpy.

The Texas Supreme Court punted Friday on a question dogging millions of Texans affected by last month’s catastrophic power failure: Can ERCOT, the state’s grid manager, be sued?

The state’s highest court ruled 5-4 that it won’t decide — at least not now — on closely-watched case between Dallas electricity generator Panda Power and the Electric Reliability Council of Texas. The $2.2 billion case filed by Panda Power in 2016 raised the question whether ERCOT is a governmental agency that has sovereign immunity protecting them from lawsuits. ERCOT, a private, nonprofit corporation overseen by the Texas Legislature and the Public Utility Commission, is the only grid manager in the country that has received such protection.

Five justices led by Justice Jeff Boyd said the Texas Constitution prohibits them from ruling on the case after the trial court issued a final judgment dismissing the case. Based on a finding of sovereign immunity by an appeals court, the Supreme Court narrowly ruled that the dismissal by the lower court made the case moot and that it no longer had the authority to rule in the case.

“Because the trial court’s interlocutory order merged into the final judgment and no longer exists, we cannot grant the relief the parties seek,” the majority opinion written by Boyd stated. “As a result, any decision we might render would constitute an impermissible advisory opinion, and these consolidated causes are moot.”

Four dissenting justices led by Chief Justice Nathan Hecht, argued they should rule on the case because the public has an interest whether ERCOT can be sued in the aftermath of last month’s storm. Several lawsuits have been filed against the state grid manager, including over the deaths of an 11-year-old boy and a 95-year-old man, who were both found dead in their freezing Houston-area homes.

“The answer to the immunity issue in this case has become perhaps more important to the public than even to the parties,” the minority opinion, written by Hecht stated. “The parties want to know. The public wants to know. The court refuses to answer.”

The ruling by the high court has widespread implications in the wake of last month’s deadly and devastating blackouts, which contributed to more than 50 deaths and billions of dollars of property damage.

David Coale, an appellate partner with Dallas-based law firm Lynn Pinker Hurst & Schwegmann, said the Supreme Court could still decide on ERCOT’s immunity as appeals from the Panda Power case come up through the legal system. In the meantime, ERCOT’s immunity — upheld by a Texas appeals court in 2018 — remains intact, but the state grid manage faces an onslaught of legal cases without any guidance from the Supreme Court.

“The court may have punted, but it didn’t walk away,” Coale said. “It acknowledged that another appeal involving the same parties is on its way up to them, and it can revisit these issues then.”

See here and here for some background. I guess I can understand the “let’s do this all in the correct order” idea, but as the story notes the question about whether ERCOT has sovereign immunity or not is very pertinent right now. Maybe if the ultimate decision is that ERCOT cannot be sued it would be nice to let all those folks who are now suing them know, so they won’t waste a bunch of time and money pursuing their cases. I’m not a lawyer, what do I know? You can find all the relevant opinions and concurrences and dissents here if you need a little light reading for the weekend.

UPDATE: Forgot to mention that Harris, Fort Bend, and Travis Counties submitted amicus briefs urging SCOTUS to find in favor of ERCOT not having sovereign immunity. This Bloomberg article, which is behind their paywall but which you might be able to see if you haven’t exceeded your monthly allowance, details those filings.

Our rinky-dink critical infrastructure

Good Lord.

On Valentine’s Day, the major utility that supplies electricity to West Texas readied for a severe winter storm. Hired contractors prepared to fix power lines, managers started up the storm emergency center, and operators reviewed the list of facilities that should — no matter what — keep power during an emergency: 35 of them on Oncor’s list were natural gas facilities that deliver fuel to power plants.

As Sunday turned to Monday, Allen Nye, the CEO of Oncor, one of the state’s largest transmission and delivery utilities, thought his team was ready.

But the situation rapidly deteriorated as the storm bore down on Texas. At 1:20 a.m., the Electric Reliability Council of Texas, which manages the state’s power grid, ordered the first cut of power to bring demand down to match an extremely low power supply as the frigid temperatures caused power plants to rapidly trip offline.

Oncor’s team, along with other utilities, began a plan to roll outages at 15- and 30-minute intervals. But just before 2 a.m., ERCOT ordered them to take even more power offline — then kept ordering more reductions. By late Monday morning, ERCOT had ordered 20,000 megawatts of power offline; Oncor’s share was 8,000 megawatts, or enough to power 1.6 million homes.

Rolling the outages “quickly became impossible,” Nye said. “We sat there praying that electrons showed up.”

With millions of Texans without power, Nye got an urgent request from DeAnn Walker, then chair of the Public Utility Commission: She needed Oncor to flip the switch back on to certain natural gas facilities that couldn’t deliver fuel to power plants without electricity. A PUC spokesperson said Walker was “ceaselessly” on the phone, calling Nye about dozens of natural gas facilities that weren’t on Oncor’s “critical” list.

That meant that Oncor, which delivers power to the Permian Basin — the state’s most productive oil and natural gas basin — had unwittingly shut off some of the state’s power supply when it followed orders to begin the outages.

The desperate scramble to power up natural gas facilities again exposed a major structural flaw in Texas’ electric grid: Oncor and other utilities didn’t have good lists of what they should consider critical infrastructure, including natural gas facilities — simply because natural gas companies failed to fill out a form or didn’t know the form existed, company executives, regulators and experts said.

[…]

“In my opinion, if we had kept the supply [of natural gas] on, we would’ve had minor disruptions,” James Cisarik, chairman of the Texas Energy Reliability Council, told legislators. “[Texas] has all the assets, we just have to make sure we evaluate every link in that chain to keep it going.”

The failures were years in the making: There is no requirement for natural gas and other companies that operate crucial parts of the grid to register as “critical.” And a trend toward electrifying key components of the state’s natural gas infrastructure in recent decades, plus the lack of a single agency to oversee all parts of the electric delivery system, created what Kenneth Medlock, a fellow in energy and resource economics at the Rice University’s Baker Institute, called a “single point of failure” — one that state regulators were blind to.

“That’s a failure of regulation,” said Medlock, who is also the senior director of the Center for Energy Studies at Rice. “That’s all it is. It’s relatively simple.”

That’s one way to put it. “Infuriating” and “inexcusable” also come to mind, along with a bunch of swear words. As someone once said, there’s a lot more to gain by avoiding stupid mistakes than there is by coming up with genius solutions. This is the sort of thing that the Legislature should be focused on. If this kind of simple, no cost fix is not implemented, you know who to blame. The Chron has more.

Griddy files for bankruptcy

Live by market disruption

Griddy Energy, a California-based retail power company, filed for bankruptcy on Monday citing financial woes brought on by the power crisis in February.

Griddy’s business model exposes consumers to the wholesale market, which in normal times could mean savings, but when the grid crashed many customers had exorbitantly high bills in the thousands.

The power company’s Chief Executive Officer Michael Fallquist said the bankruptcy plan would provide financial relief to it’s customers, and also took aim at The Electric Reliability Council of Texas, or ERCOT, the state’s grid manager.

“Prior to Winter Storm Uri, Griddy was a thriving business with more than 29,000 customers who saved more than $17 million dollars since 2017. The actions of ERCOT destroyed our business and caused financial harm to our customers,” Fallquist saod. “Our bankruptcy plan, if confirmed, provides relief for our former customers who were unable to pay their electricity bills resulting from the unprecedented prices.”

Two weeks ago, ERCOT barred Griddy from participating in the state’s wholesale power markets, effectively shutting down the company.

See here and here for some background. This doesn’t mean Griddy is going away, just that it’s working through some tough times. It also apparently means that may of their customers may be off the hook for the ridiculous prices they had been charged.

Griddy’s approximately 29,000 customers were charged $29 million for energy during the winter storm, according to court documents. The wholesale electricity retailer, which has recently been forced out of the market, charged a $9.99 monthly fee and, in turn, passed along wholesale prices to customers.

When wholesale energy bill prices skyrocketed during the storm as temperatures plunged below freezing, Griddy customers were subject to the same costs with no buffer. Some reported bills over $15,000. Most Texas customers were shielded from the rising prices because they pay a fixed rate for electricity, although they could see prices increase in the near future to offset the added costs incurred by the power companies.

Houston-based Griddy’s Chapter 11 filing outlines a plan to wipe out its former customers’ debt during the company’s liquidation if approved in bankruptcy court.

“Our bankruptcy plan, if confirmed, provides relief for our former customers who were unable to pay their electricity bills resulting from the unprecedented prices,” Griddy CEO Michael Fallquist said in a statement on its website. He emphasized Griddy did not profit from increased prices and only made money off of the fixed monthly membership fees.

However, thousands of dollars have already been automatically drained from customer’s bank accounts and charged to their credit cards.

Texas Attorney General Ken Paxton said in a statement that Griddy and his office are “engaged in ongoing good faith negotiations to attempt to address additional relief for those Griddy customers who have already paid their storm-related energy bills.”

Not perfect, but it’s a start. Here’s the longer version of the Chron story for more.

The state of the Public Utility Commission

News item #1:

While many Texans last week were worried about sky-high electric bills from February’s winter storms, the state’s sole utility commissioner was privately reassuring out-of-state investors who profited from the crisis that he was working to keep their windfall safe.

Texas Monthly has obtained a recording of a 48-minute call on March 9 in which Texas Public Utility Commission chairman Arthur D’Andrea discussed the fallout from the February power crisis with investors. During that call, which was hosted by Bank of America Securities and closed to the public and news media, D’Andrea took pains to ease investors’ concerns that electricity trades, transacted at the highest prices the market allows, might be reversed, potentially costing trading firms and publicly traded generating companies millions of dollars.

“I apologize for the uncertainty,” D’Andrea said, promising to put “the weight of the commission” behind efforts to keep billions of dollars from being returned to utilities that were forced—thanks to decisions by the PUC—to buy power at sky-high prices, even after the worst of the blackout had passed.

Billed as “Learning the Texas Two Step: A Chat with the PUCT,” the call originally was scheduled for early February but was postponed until after the winter storm. The conversation shows a coziness between a top Texas regulator and some of the biggest players in the electricity market at a time when the PUC’s oversight is under fire from lawmakers. At one point, during a discussion about whether natural gas, which also saw huge price spikes during the crisis, would be “repriced,” D’Andrea said no, adding that most legislators understand that gas is priced by global markets and is out of their purview. “But I’ll let you know if I hear anything crazy on it,” D’Andrea said.

You can click over and listen to the audio and read the explanations for the words that D’Andrea used if you want. In the meantime, here’s news item #2, from later that same day.

Public Utility Commission Chair Arthur D’Andrea, the only remaining member of the three-seat board that regulates Texas utilities, is resigning from his post, Gov. Greg Abbott said Tuesday night.

Abbott said in a statement that he asked for and accepted D’Andrea’s resignation and plans to name “a replacement in the coming days who will have the responsibility of charting a new and fresh course for the agency.” D’Andrea’s resignation will be effective immediately upon the appointment of a successor, according to a copy of D’Andrea’s resignation letter that was obtained by The Texas Tribune.

He is the latest in a long line of officials who have left the PUC or the Electric Reliability Council of Texas since last month’s deadly winter storm plunged large swaths of Texas into subfreezing temperatures and overwhelmed the state’s electricity infrastructure, causing massive power outages. At least 57 people died in Texas as a result of the storm — most of them from hypothermia — according to preliminary data the state health department released Monday.

The reason for D’Andrea’s resignation was not immediately clear late Tuesday.

I think we have a reasonable hypothesis about it – this article goes on to mention that Texas Monthly story about D’Andrea’s phone call. None of the members of the PUC – all of whom were appointed by Greg Abbott – remain. Heck of a job, there. Be more mad at the PUC. Kimberley Reeves has more.

Winter storm death count at 57

This is likely to rise as we get better data.

At least 57 people died in Texas as a result of last month’s winter storm, according to preliminary data the state health department released Monday.

The largest number of deaths — at least 25 — occured in Harris County, the Texas Department of State Health Services reported.

The deaths occurred in at least 25 counties between Feb. 11 and March 5, the state agency said. The majority of verified deaths were associated with hypothermia, but health officials said some were also caused by motor vehicle wrecks, “carbon monoxide poisoning, medical equipment failure, falls, and fire.”

The preliminary data is “subject to change” as state disaster epidemiologists gather additional information and additional deaths are verified, the agency said. The information will be updated weekly, it said.

For purposes of comparison, there were 103 deaths in Texas attributed to Hurricane Harvey, 68 to direct effects of the storm and 35 more in the aftereffects. The financial costs of the freeze were higher. Just keep all that in mind when you see Greg Abbott and Dan Patrick and others play the blame game.

Abbott vs Patrick on power outage blame game

This ought to be interesting.

The blame game over the state’s faulty electrical grid is creating a rare public rift between the two top Republicans in state government that could have a major financial impact on some utility companies and their customers.

First Lt. Gov. Dan Patrick on Friday blasted Gov. Greg Abbott’s newest appointee to oversee the state’s utility system for a lack of “competence and questionable integrity.” Hours later, Abbott released a late-night letter to the public, addressed to Patrick. In it, Abbott defended his appointee and pushed back against Patrick’s solution for inflated power bills due to the winter storms.

The divide comes as Abbott is scheduled to be in Houston on Monday for a press conference to talk about election integrity legislation he is supporting in the Texas Legislature.

For most of the last two years, Abbott and Patrick avoided such confrontations, instead trying to project unity on most issues such as the pandemic and legislative priorities like property tax reforms and changes in public school funding.

But that unity has eroded since the deadly winter storms that blasted Texas last month, leaving millions without power and broken water pipes despite a decade of warnings that the state’s power grid was vulnerable increasingly common winter storms.

At the core of their public dispute is how to deal with outrageous wholesale electricity bills that some utilities are facing. Patrick says sky-high emergency prices left in place too long by the Electric Reliability Council of Texas resulted in $4 billion to $5 billion in overcharges for utility companies. He says the error can be reversed retroactively by Abbott’s appointed members of the Public Utility Commission, which has authority over ERCOT.

But ERCOT leaders and Abbott say there is a difference of opinion of whether there was an error at all. ERCOT’s leader Bill Magness said the prices were kept intentionally high, to assure public safety by drawing more power to the grid to help Texans weather the freeze.

Abbott says the utilities commission cannot legally reverse the past charges anyhow, and if that is going to be done, it would have to be done by the Legislature.

[…]

Patrick did not like answers from Abbott or the governor’s new Public Utility Commission chair, Arthur D’Andrea, who has testified that he cannot reverse the wholesale energy prices retroactively.

During a Senate committee hearing on Thursday, Patrick did something he’s only done one other time during his two terms as the lieutenant governor: He personally attended the committee hearing and grilled D’Andrea directly himself.

“In light of the PUC chair’s refusal to take any corrective action, despite the fact that he has the authority and the evidence is clear, I am asking Gov. Abbott to intercede on this issue,” Patrick said in a press statement he sent out late Friday. “I am also asking Gov. Abbott to replace Mr. D’Andrea on the PUC when he fills the other two vacancies there. Mr. D’Andrea’s position requires both professional competence and honesty and he demonstrated little of either in the hearings yesterday.”

Patrick said D’Andrea does have the authority to fix pricing during “unusual circumstances.”

Less than two hours later on Friday night, Abbott shared with the media a letter to Patrick in which he points to his long legal history as a former Texas Supreme Court Justice and the Texas Attorney General before he became governor in 2014 to make the case that D’Andrea was correct.

“As a former Texas Supreme Court Justice and former Attorney General, I agree with the position of the PUC Chair about his inability to take the action you requested,” Abbott wrote in his letter. “You asked that I ‘intervene to ensure the right thing is done.’ The governor does not have independent authority to accomplish the goals you seek. The only entity that can authorize the solution you want is the Legislature itself. That is why I made this issue an emergency item for the Legislature to consider this session.”

See here for some background, and here for more detailed coverage of Dan Patrick versus the PUC dude. The tea leaf reading is rampant, with the spectacle of Patrick challenging Abbott in the primary for Governor as the uber-story. I think this is more an illustration of what kind of politician each of them is than anything else. Abbott is at heart a lawyer, the kind of lawyer who will comb the fine print looking for a justification for the thing he already wants to do, which in this case is make the blame for the freeze as well as the responsibility for fixing the underlying issues fall on someone else. Patrick, on the other hand, is a showman and self-promoter who has enough self-awareness to know that he came pretty close to losing in 2018 and it might be good for him to claim an accomplishment on something broadly popular while also beating up on someone more villainous than he is. (I refer to the PUC Chair here and not to Abbott, but if you took it the other way Patrick would not complain.) You have to admire his creativity on this.

Lt. Gov. Dan Patrick hastily convened a session of the Texas Senate on Monday as members suspended their own rules and took highly unusual steps to push through a bill that would force the state’s utility regulator to reverse billions of dollars in charges for wholesale electricity during last month’s winter storm.

Senate Bill 2142, sponsored by state Sen. Bryan Hughes, R-Mineola, had not even been filed when the day started Monday — and the full Senate hadn’t been scheduled to convene. But by 2 p.m., it had been read on the Senate floor, approved in a hastily convened committee meeting that featured no public comment and then approved by the full Senate on a 27-3 vote.

Thanks to that extraordinary pace, it became the first bill that either chamber of the Legislature had passed since convening Jan. 12. It will head now head to the House, where its fate is currently uncertain.

“The Senate has acted,” Patrick said after Monday’s vote. “We are asking the governor to join us. And I think if he will say he’ll sign this bill, it may help us get this bill through the House.”

[…]

The filing of SB 2142 came after Friday’s deadline for filing legislation during the 2021 legislative session. But the Senate found a way around that rule in one of its bolder procedural moves Monday. The chamber brought back up its motion to adjourn Thursday and withdrew it, essentially going back in time on the legislative calendar and allowing Hughes to file his legislation before the Friday deadline.

Dan Patrick: He literally traveled through time to lower your electric bills. The ads, they write themselves. Look, I don’t think this makes Patrick any less likely to run for re-election as he has said he will, but a little speculation – and a little marketing – never hurt anyone. In the end, this will probably be more heat that light. If only we could get our power generation plants to store it all up for the next winter freeze.

The opening bid on power outage response

Not bad, but there’s a long way to go and not a lot of detail just yet.

Texas House Speaker Dade Phelan on Monday announced seven priority bills responding to the winter weather crisis last month that left millions of Texans without power.

The proposals include overhauling the governance of the state’s electric grid operator, the Electric Reliability Council of Texas; mandating “weatherization” of power facilities and establishing a statewide disaster alert system. There is also legislation to ban variable-rate electricity pricing plans such as were offered by the company Griddy, which was recently effectively shut down in the state after customers were hit with bills in the thousands of dollars.

Phelan’s office called the proposals the “first phase” of the House’s proposed reforms in the wake of the winter storm. Not all the bills have been filed yet, so the specifics of some proposals have not yet been made public.

“We must take accountability, close critical gaps in our system, and prevent these breakdowns from ever happening again,” Phelan, a Republican, said in a statement.

[…]

House Bill 10, for instance, aims to reform ERCOT by restructuring its board. The legislation would replace the board’s “unaffiliated” members with members appointed by the governor, lieutenant governor and speaker. The bill would also mandate that all board members live in Texas. And it would add a new board member to “represent consumer interests,” according to Phelan’s office.

Some other ideas could prove challenging. House Bill 11, for instance, would order the Public Utilities Commission to require power generators to implement measures to avoid service outages during extreme weather events, including winter storms and heat waves. But retroactively equipping power plants and the state’s energy system to withstand cold temperatures is likely to be difficult and costly, energy experts have said. Building energy infrastructure that from the start is designed to perform in winter conditions is easier and cheaper, they have said.

Phelan’s office described another bill, House Bill 14, which hasn’t yet been filed, that would require the Railroad Commission of Texas to require pipeline operators to update their equipment to ensure reliability during extreme weather. It’s unclear how much either bill would cost the state or the power generators. Abbott has indicated in the past that he is interested in funding at least some of the weatherization.

These fall under the emergency items declared by Abbott, so they can be taken up ahead of other legislation. Once they’re written and filed, of course. I don’t have any immediate complaints – the general direction is good, and they seem to have hit the high points – but it’s very early in the process, and there will be plenty of opportunity for shenanigans and just plan resistance, so as always we will have to keep an eye on it. The pushback from the energy industry seems to be that the power outages themselves were the main driver of the natural gas shortage, not the wells and pipes freezing up. There’s probably something to that, but I’m sure you’ll understand if I decline to take their word for it. At least three of the bills will be carried by Democrats – Reps. Richard Raymond, Ana Hernandez, and Joe Deshotel. We’ll see what we get, and we should very much remember that a lot of this is about undoing or at least mitigating the effects of Republican deregulation, but this is a decent start.

Congress has questions for Abbott

Will he answer them? That’s the bigger question.

Democrats on the House Committee on Energy and Commerce, including Reps. Marc Veasey of Dallas and Lizzie Fletcher of Houston, are conducting a probe into Gov. Greg Abbott and why Texas’ electrical grid was unprepared to handle last week’s snowstorm.

In a recent letter to the governor lead by Energy and Commerce Chair Rep. Frank Pallone, members picked apart Abbott’s response to the crisis, including the governor’s visit to Fox News in which he spread lies about wind and solar energy being the chief culprit behind the blackout.

“These statements either suggest a lack of understanding of the Texas power grid’s fundamental operations or were an attempt to shift blame away from the very real issues that have existed within the state’s energy structure for years,” read the letter.

“The response to this ongoing crisis raises significant questions regarding Texas’ grid design, preparation, and whether the state is taking appropriate action to aid citizens in this crisis,” the letter continued.

The members of Congress criticized Texas’ isolated power grid for being unable to import enough power from other states while it was under extreme stress — an issue of resiliency they said would be needed to be solved in the face of changing climate and more frequent extreme weather events.

Lawmakers also requested Abbott answer several questions relating to the crisis, including why Texas failed to implement weatherization recommendations made by a 2011 federal report that was conducted after a snowstorm caused blackouts in Texas that same year.

[…]

Members of the energy committee said they had “broad jurisdiction” over energy policy and requested Abbott deliver the answers before March 22.

They may indeed have jurisdiction, but that doesn’t mean Abbott will recognize or respond to it. Look at how spectacularly unsuccessful Congressional Democrats were at getting anyone from the Trump administration to respond to subpoenas. Like so many other norms, the custom and expectation that such subpoenas would be heeded was shredded by Trump and his goons. The problem here is not jurisdiction, it’s enforcement. No one is going to show up at the Governor’s mansion with an arrest warrant if Abbott sticks that letter in the round file. The worst he can expect is some carping from Congressional Democrats, and maybe a tut-tutting editorial or two. I’m not saying that Congress shouldn’t try to get answers from Abbott. I am saying that all they can do is ask. Until and unless they can do more than that, we shouldn’t expect better results.