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Viewpoint: Subrogating Freeze Damage When Texas Power Plants Are Not Dressed For Winter By Mark A. Solomon | February 25, 2021
Successful subrogation against power companies is not a given. In determining whether the Electric Reliability Council of Texas (ERCOT) may be sued for its clear negligence in failing to properly winterize power production facilities and the power grid that it runs in Texas, the issue is currently in limbo. The Texas Supreme Court is currently reviewing whether ERCOT will be granted governmental immunity.
There are a myriad of reasons Texas has seen power outages, but many of the failures are likely tied to simply being unprepared for extreme cold weather. In Texas, power is generated from natural gas, coal, nuclear, and wind. This is not unsimilar to power generation in states that inhibit colder climates. It is clear that all of this equipment has the capability to be winterized and made to operate in sub-freezing temp
February 17, 2021
Federal regulators warned Texas that its power plants couldn’t be counted on to reliably churn out electricity in bitterly cold conditions a decade ago, when the last deep freeze plunged 4 million people into the dark.
They recommended that utilities use more insulation, heat pipes and take other steps to winterize plants strategies commonly observed in cooler climates but not in normally balmy Texas.
“Where did those recommendations go, and how were they implemented?” said Jeff Dennis, managing director of Advanced Energy Economy, an association of clean energy businesses. “Those are going to be some pretty key questions.”
As investigators probe the current power crisis in Texas, which has left millions of people without power or a promise of when it will be restored, questions are sure to be raised about how the state responded to the urgings from the 2011 analysis, issued by the Federal Energy Regulatory Commission and the North America Electr
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