show me the money

DOE announces over $60M in federal funding for power grid improvement

The United States Department of Energy is doling out over $200 million for grid improvements — and one of the largest portions will be coming to Texas. Photo via Getty Images

Texas is getting $60.6 million in federal grants to bolster the state’s frequently taxed power grid.

The funding, announced July 6 by the U.S. Department of Energy, totals over $200 million to be distributed across the country. The Lone Star State's chunk will be earmarked for pinpointing gaps in the grid’s dependability and reducing weather-related grid disruptions. The Texas Division of Energy Management will decide how to dole out the money.

“By itself, is $60 million going to be determinative to make our grid reliable? Of course not,” Doug Lewin, president of Austin-based energy consulting firm Stoic Energy, tells the Austin American-Statesman. “It’ll cost more than that, but every bit counts, and $60 million is not a small amount of money, so [the state] could probably do a lot of good with that.”

The Texas grid infamously came under intense scrutiny in February 2021 during and after the statewide deep freeze. The cold snap caused power plants and natural gas facilities to fail, leading to blackouts around the state and at least 200 deaths.

The February 2021 disaster “exposed the inability of the state’s energy supply chain to withstand extremely cold temperatures,” the Federal Reserve Bank of Dallas observes. The bank adds that “questions remain whether the electrical grid is now more resilient to winter weather.”

Although the grid has held up during this year’s heat wave, some observers wonder how long the grid can handle record-setting demand and still keep the lights (and air conditioning) on. So far, an abundance of wind and solar power has rescued Texas from the same fate that crippled the state in February 2021.

All eyes then and now are on the quasi-governmental Electric Reliability Council of Texas (ERCOT), which delivers power to about 90 percent of the state.

Since ERCOT’s winter debacle two years ago, state officials have beefed up weatherization requirements for power generation, power transmission, and natural gas facilities. Meanwhile, ERCOT underwent a management overhaul and bumped up its backup supply of thermal power.

During the state legislative session in 2021, a measure that would have earmarked $2 billion for weatherization of Texas power facilities passed in the House but stalled in the Senate.

This year, Texas lawmakers created a fund containing as much as $10 billion for loans and grants to encourage construction and maintenance of gas-fueled power plants. Gov. Greg Abbott signed that bill. But separate legislation that would have set aside billions of dollars to build a network of gas-powered backup plants died in the House.

A report published in 2022 by Rice University’s Baker Institute for Public Policy faulted ERCOT for the previous year’s winter chaos but didn’t pin sole blame on the organization. The report recommended better coordination among state regulators regarding the power grid, including potential formation of a state agency dedicated solely to energy issues. Today, the Texas Railroad Commission and Public Utility Commission of Texas largely share oversight of energy matters in the state.

“All forms of generation capacity experienced failures,” says the institute’s report on the 2021 winter catastrophe, “but bureaucratic failure in identifying and addressing risks along fuel supply chains was a major failure.”

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A View From HETI

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information. Photo via cdn.britannica.com

For a second time, a Delaware judge has nullified a pay package that Tesla had awarded its CEO, Elon Musk, that once was valued at $56 billion.

Last week, Chancellor Kathaleen St. Jude McCormick turned aside a request from Musk's lawyers to reverse a ruling she announced in January that had thrown out the compensation plan. The judge ruled then that Musk effectively controlled Tesla's board and had engineered the outsize pay package during sham negotiations.

Lawyers for a Tesla shareholder who sued to block the pay package contended that shareholders who had voted for the 10-year plan in 2018 had been given misleading and incomplete information.

In their defense, Tesla's board members asserted that the shareholders who ratified the pay plan a second time in June had done so after receiving full disclosures, thereby curing all the problems the judge had cited in her January ruling. As a result, they argued, Musk deserved the pay package for having raised Tesla's market value by billions of dollars.

McCormick rejected that argument. In her 103-page opinion, she ruled that under Delaware law, Tesla's lawyers had no grounds to reverse her January ruling “based on evidence they created after trial.”

What will Musk and Tesla do now?

On Monday night, Tesla posted on X, the social media platform owned by Musk, that the company will appeal. The appeal would be filed with the Delaware Supreme Court, the only state appellate court Tesla can pursue. Experts say a ruling would likely come in less than a year.

“The ruling, if not overturned, means that judges and plaintiffs' lawyers run Delaware companies rather than their rightful owners — the shareholders,” Tesla argued.

Later, on X, Musk unleashed a blistering attack on the judge, asserting that McCormick is “a radical far left activist cosplaying as a judge.”

What do experts say about the case?

Legal authorities generally suggest that McCormick’s ruling was sound and followed the law. Charles Elson, founding director of the Weinberg Center for Corporate Governance at the University of Delaware, said that in his view, McCormick was right to rule that after Tesla lost its case in the original trial, it created improper new evidence by asking shareholders to ratify the pay package a second time.

Had she allowed such a claim, he said, it would cause a major shift in Delaware’s laws against conflicts of interest given the unusually close relationship between Musk and Tesla’s board.

“Delaware protects investors — that’s what she did,” said Elson, who has followed the court for more than three decades. “Just because you’re a ‘superstar CEO’ doesn’t put you in a separate category.”

Elson said he thinks investors would be reluctant to put money into Delaware companies if there were exceptions to the law for “special people.”

What will the Delaware Supreme Court do?

Elson said that in his opinion, the court is likely to uphold McCormick's ruling.

Can Tesla appeal to federal courts?

Experts say no. Rulings on state laws are normally left to state courts. Brian Dunn, program director for the Institute of Compensation Studies at Cornell University, said it's been his experience that Tesla has no choice but to stay in the Delaware courts for this compensation package.

Tesla has moved its legal headquarters to Texas. Does that matter?

The company could try to reconstitute the pay package and seek approval in Texas, where it may expect more friendlier judges. But Dunn, who has spent 40 years as an executive compensation consultant, said it's likely that some other shareholder would challenge the award in Texas because it's excessive compared with other CEOs' pay plans.

“If they just want to turn around and deliver him $56 billion, I can't believe somebody wouldn't want to litigate it,” Dunn said. “It's an unconscionable amount of money.”

Would a new pay package be even larger?

Almost certainly. Tesla stock is trading at 15 times the exercise price of stock options in the current package in Delaware, Morgan Stanley analyst Adam Jonas wrote in a note to investors. Tesla's share price has doubled in the past six months, Jonas wrote. At Monday’s closing stock price, the Musk package is now worth $101.4 billion, according to Equilar, an executive data firm.

And Musk has asked for a subsequent pay package that would give him 25 percent of Tesla's voting shares. Musk has said he is uncomfortable moving further into artificial intelligence with the company if he doesn't have 25 percent control. He currently holds about 13 percent of Tesla's outstanding shares.

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