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this post was submitted on 17 Dec 2023
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I agree with the problem, but I also kind of agree with the judge. The point of separation of powers is that the judicial system interprets the will of the legislative. We have had similar cases in Finland , where the law clearly should say one thing and the courts conclude that the law in fact says another thing. Fortunately, this situation occasionally leads the parliament into saying 'well fuck' and changing the law.
I will admit I don't really understand the role of courts making law in the US and other common law countries, so it might be different there.
It's a tough spot because most people, and maybe legislators themselves, didn't think they had to write down "power companies must provide power to the best of their ability" and whatever other legalese that would force companies to do something about winterization. It feels like there should be an implicit "hey, if you're aware of an issue that might kill people and destroy homes, maybe try to fix it." The new laws around winterization are little comfort to those who have already lost loved ones to an avoidable problem. Of course, then you have litigious idiots who will sue because the tractor company didn't say you shouldn't try to play jumprope with the harvester blades. I don't know what the solution is there, it seems we can only really be reactive.
Well, I guess the saying "regulations are written in blood" didn't come from nowhere.
Well, they were providing it "to the best of their abilities". With those maxed out prices, they were sure as hell trying to squeez out every kilowatt. Their abilities just sucked due to underinvsetment in reserve capacity. But you can hardly blame them for that. Unlike in most states, they don't get paid for reserve capacity in Texas (and are not required to have any either). Therefore, whichever power company invests in it will have to raise prices, become uncompetitive and go bankrupt. Its not the companies to be blamed, its the politicians/officials who set up Texas electricity market like that. Capitalism can't work if you don't set up and regulate markets to align consumer and public incentives with company incentives.
I recommend practical engineerings video for technical details.
It's not just about reserve capacity, ERCOT was warned about insufficient winterization after the last power grid failure due to cold weather, they just didn't act on it. Should the Texas government have mandated improvements at that time? Absolutely. Do I still believe that ERCOT has at least some blood on their hands because they knew about the problem and chose not to fix it despite the hardship it could cause their customer base? Absolutely.
Also I have seen the practical engineering video, love that guy.
Unless I am missing something, ERCOT is a distributor. They don't own the power plants and would have hard time forcing power plant owners to make those improvements without government mandate, no? Or does ERCOT already make similar regulations for plants?
My understanding is that ERCOT manages the reliability of the entire grid. I won't pretend to understand the exact nature of their purview and powers, but I'll defer to what Abott describes as their role in this incident:
And the statement from ERCOT
Admittedly, I don't know the extent of ERCOTs control over the individual companies that manage the generators or infrastructure of the power grid, but it does appear they had enough oversight to claim that the grid could weather another storm, which it could not.
Source: https://www.texastribune.org/2021/02/18/greg-abbott-winter-storm/
Well, even if they had no power to do anything, saying things have been fixed and are fine should make them liable. How should anyone (legislature, public) work on fixing the issue if they hide it? They should be the ones raising the issue in the first place.
Nah. Thanks for the info but I'm totally fine with blaming both the government and the shady utility company.
I mean, if it really is shady then blame away. I am just saying you can't blame a company for not paying out of their own pocket for something the government should have secured.
It would be literally illegal for a corporation to do that. (breach of fedutiary duty, corporations are required by law to make as much profit for investors as they legally can. I am oversimplifying incredibly but it is mostly true)
The one time I remember something like that happening in the US was the 2003 Do Not Call telemarketing act. There was a court case that concluded that Congress had not properly authorized regulators to enforce the Do Not Call registry. Congress then took a day or two to pass a new law authorizing the thing they forgot to the first time.
This comes down to two things: