Almost three years since the deadly Texas blackout of 2021, a panel of judges from the First Court of Appeals in Houston has ruled that big power companies cannot be held liable for failure to provide electricity during the crisis. The reason is Texas’ deregulated energy market.

The decision seems likely to protect the companies from lawsuits filed against them after the blackout. It leaves the families of those who died unsure where next to seek justice.

In February of 2021, a massive cold front descended on Texas, bringing days of ice and snow. The weather increased energy demand and reduced supply by freezing up power generators and the state’s natural gas supply chain. This led to a blackout that left millions of Texans without energy for nearly a week.

The state has said almost 250 people died because of the winter storm and blackout, but some analysts call that a serious undercount.

225 points

It is almost like natural monopolies, such as primary power generation and supply, should be under the control of the Government and not private individuals.

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90 points

They all used to be. Then Reagan and Clinton happened.

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29 points

ding ding ding. We have a winner! Give that man a prize!

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36 points

Thank you, thank you.

My prize will sit proudly in my woman cave.

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6 points

Most places that are not Texas still have something resembling the old school utility model where the state effectively grants a license to a private company to operate and manage the grid, which is itself a public right of way. This is governed by a state appointed utility board.

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4 points

And in RI, when everyone objects loudly, they nod their heads, and then do it anyway.

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2 points

Can you point me to where I might learn more about this?

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2 points

This is pretty good article about how and why.

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62 points

Yep. Essential services should not be for profit.

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9 points

The issue here is specifically that they’re not monopolies any more, because of deregulation

Ironically, if they were a monopoly, they would have an obligation to provide power in emergencies, per the ruling.

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2 points

So this is more like the spiderman pointing at spiderman thing.

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1 point

Except instead of Spiderman it’s the Monopoly Man.

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2 points

I believe cartel would be a better name for it in this case. ERCOT is a cartel.

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8 points

No no… Checks the GOP playbook: we just need to offer a premium power support plan so if the power goes out they’ll provide you a backup generator. It just costs twice the normal rate.

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3 points
*

I know your joking here, but this is actually the path forward and is being implemented in other states and countries.

The power company provides at a discount or for free a home backup battery to the residence. If not free, You pay off the battery at a very affordable rate but end up with a smaller power bill as the power company can access its power to balance the load, filling it up when power is cheap and the battery being used when power is expensive.

In a blackout, the home owner gets to use the battery and doesn’t suffer an outage.

It makes the grid more secure by dispersing it around thousands of homes instead of a large expensive failure points and gives them an improved ability to balance the overall load instead of needing a gas peaker plant.

I think it was recently announced that a Vermont power company was going to onboard 100% of their users in the next few years, but it’s happening elsewhere too. If a tree takes something down in a snow storm, people won’t lose power giving them time to fix it.

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2 points

That actually seems like a really good idea on the infrastructure side. We should still get rid of private power companies.

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6 points

Why did it take me so long to finally realize that by privatizing services like these, governments are preemptively shifting the blame when the service fails? Voters who are angry at the energy company won’t be (as) angry with the politicians.

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5 points
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That’s communism and we are a capitalist country.

The right thing to do under a capitalist economy is to buy the government and give yourself a monopoly.

This isn’t a natural monopoly, it’s protected by legislature and cronyism.

A proper capitalist approach to utilities, then the pipes and wires need to be considered no different then the road they are installed on. Recoup money by selling metered wholesale access to the carriers and utilities.

But we don’t have proper capitalism. We have this bastardized American version that sucks.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

We settled it before the damn constitution even started. How these nitwits in DC don’t see how publicly run infrastructure doesn’t provide for the common defense or promote general welfare is beyond me. But I guess running water, heat, affordable healthcare, and an ability to communicate with each other and the rest of the world doesn’t count under that, somehow.

Maybe if the courts took the founders intent from the Prologue instead of the secret letters to their mistresses, we’d have a functional system. But that’s just my opinion.

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12 points

A government providing services is not communism, it’s a first-world standard.

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4 points
*

I thought the sarcasm of my first two paragraphs was heavily laid on, but I suppose not.

I don’t disagree with you, however the majority of electoral college and senate voters agree with my first two paragraphs.

We are insistent that we must do things differently. This American Exceptionalism, as if there’s something fundamentally different between humans born inside its walls than the ones born out.

If we must be insistent that we’re different, we should at least be consistent in its application. The preamble basically implies that the ideal is exactly what you and the rest of my post is saying.

In the modern world a countries greatest strength is its ability to utilize its economies of scale. If for no other reason we should at least realize that the existing systems are unsustainably wasteful.

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4 points

You mean the dudes who owned slaves and thought that only white men were people? Ok yeah, they were righteous …

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0 points

Many of them were either abolitionists or manumissionists. It’s hard to believe we had always been so conflicted since our founding (as many of the northern states had already abolished slavery before ratifying the constitution), yet still managed to have a reasonably functional government essentially made up entirely of rich white dudes who openly hated each others guts.

Also it’s easy to sit here and poo-poo the whole slavery thing now, 300 something years later. Washington got his first slaves from inheritance. When he was 11. That’s not me dismissing it, that’s just me demonstrating how normalized it was.

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2 points

What are yah, some sorta communist? /s He’s sayin private companies shouldnt be fuckin us over, get him! /s

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-1 points
*

Production can be liberalised, but it requires good regulation. Regulation failed to include a rule for responsibility to provided a minimum of energy, the judge can’t do more than the regulation law. It works in EU, we didn’t have blackout past year even though the situation was dramatic mostly due to the Russian invasion, because the liberalised market allowed efficient sharing of energy where it was most needed.
I wouldn’t be so certain a public monopoly could have managed it in such an efficient way (in terms of finance, energy usage and service). People tend to idealize public administration.

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145 points

Three cheers for privatization of public utilities! /s

As an aside, I am gutted by 250+ people losing their lives because Texan politicians can’t get their act together to hold companies responsible. Legislation works … and politicians can, and should, make the laws.

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50 points
*

This was the second time it happened too. It happened ten years prior as I recall. So they did nothing then. Did nothing later. No responsibility for anything later. Fuck Texas.

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14 points
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We had rolling blackouts for a few hours. Nothing that remotely resembled the state of failure in 2021 where 90% of Texas lost power for several days.

However it was a very clear indication that we had a problem that obviously was never resolved.

That storm was completely crazy though. I don’t think Texas has EVER experienced anything like it before.

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10 points

That storm was completely crazy though. I don’t think Texas has EVER experienced anything like it before.

That will be a yearly occurrence now.

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12 points

Maybe they decided the right people were getting hurt?

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12 points

It’s less about the right people getting hurt, and more about the right people making bank (e.g. themselves).

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7 points

Texas can always be counted on to take the evil side when a moral decision has to be made. Slavery, segregation, suffrage, bodily autonomy, companies’ “rights” over human rights.

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5 points

They do have their act together. It just doesn’t include doing anything good for Texans.

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140 points

Texans must love the abuse, they keep voting for it.

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67 points

Worth noting this ruling is explicitly based on statewide legislation, meaning this could be changed at any time, if the legislature cared at all.

You really do get exactly what you vote for.

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19 points

There’s also a lot of voter suppression and gerrymandering.

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9 points

Suckers with no self esteem.

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9 points

This election’s got me so low

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5 points

If they keep it up, people might pack up and go

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8 points

It’s not that they love it. They’re just so dumb they’ll be convinced it was the fault of the gays and/or trans people.

I just moved out of that state.

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4 points
*

Never blamed anyone for leaving but use to advocate a lot to push for change in red states like mine but at this point its obvious they are trying to make living in those states untenable for those with a conscious or not completely crushed & apathetic.

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1 point

Are you sure its not just Gerrymandering and laws that make it harder for votes to actually matter?

From what I’ve heard is that there’s a large majority stuck in Texas who disagree with the decisions of their government but are too poor to leave the state.

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2 points

I’m sure gerrymandering is a large part of it.

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113 points
*

Remember when conservatives blamed “windmills” for this? All while conservatives in charge of Texas raked in millions of dollars in campaign donations from ERCOT members. Conservatives will gleefully watch your family die for fun or profit.

A conservative is incapable of empathy or remorse. Be very careful in your dealings with them. They do not value the lives of others the way normal people do.

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42 points

Conservatives will gleefully watch your family die for fun or profit.

From their beach cabana in Cancun, no less.

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25 points

Rafael Cruz 😂

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19 points

Canada apologizes for exporting that to America.

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8 points

Do you mean Fled?

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1 point

The greatest Canadian to ever live

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Incapable of truth, too. As a lawyer, I will not take them on as clients. They lie constantly to justify their emotions. That’s really it.

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19 points

But muh feewings!

As an aside, I used to live in a remote fishing area and we had tons of American visitors. I remember one woman told me she knew Obama was the devil because she felt “the evil” emanating from him.

smdh

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23 points

They can’t be bargained with. They can’t be reasoned with. They don’t feel pity, or remorse, or fear. And they absolutely will not stop, ever, until we are dead.

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18 points

…or until they are dead.

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9 points

You’re not wrong!

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91 points

Cops don’t have to serve and protect or abide by the law. Power companies don’t have to supply power. People who sell you things can deny you access to them.

Hey this is fun, let’s do more!

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62 points
*

Health Insurance companies don’t have to provide payment for health services you pay them to cover.

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