Federal judge awards Maine Yankee another $24.6 million

By Bangor Daily News


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A federal judge has granted Maine Yankee and two sister companies a third payment from the U.S. government as damages for continued storage of spent nuclear fuel.

U.S. Court of Federal Claims Senior Judge, James Merow in an order issued Thursday granted Maine Yankee $24.6 million to compensate for the cost of storing spent nuclear fuel near the decommissioned nuclear plant in Wiscasset. The award covers storage from 2009 to 2012.

Past awards have helped cover current costs otherwise borne by ratepayers.

The decision comes as the federal government advances its latest effort to craft a long-term plan for storing spent nuclear fuel from power plants and the country's nuclear weapons arsenal.

Wayne Norton, head of the three Yankee Atomic power companies, said in a statement Friday that he hopes Congress implements a pilot program to begin removing the spent nuclear waste from shuttered reactor sites and consolidating it in a more permanent storage area.

"The three Yankee companies will continue to work closely with our stakeholders to hasten the day when the federal government fulfills its obligation to remove the spent nuclear fuel ... from our sites so that they can be reused for other purposes and the cost burden on ratepayers is lifted," Norton said.

The federal government has a contractual obligation to dispose of the 550 metric tons of spent nuclear fuel that is stored in Wiscasset and at other sites. The Wiscasset Newspaper reported Monday that the Department of Energy plans to hold a public comment session in Boston in June, to which local officials were invited.

The federal government is now starting a process to identify a community where it would pilot such a storage program. Norton said enacting that plan still requires an act of Congress this session. Aside from the award to Maine Yankee, Judge Merow awarded $32.6 million to Connecticut Yankee Atomic Power Co. in East Hampton, Connecticut, and $19.6 million to Yankee Atomic Power Co. in Rowe, Massachusetts.

The award represents the third phase of damages for the companies, which have an ongoing lawsuit against the federal government to recoup those costs for storing the fuel.

Maine Yankee began generating power in 1972, and was shut down in 1997, beginning an eight-year dismantling process ending in 2005. It is owned by a consortium of utilities in New England, with Central Maine Power being the largest shareholder with a 38 percent stake. Now merged as Emera Maine, Bangor Hydro Electric Co. owns 7 percent and Maine Public Service Co. owns 5 per cent.

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Why Atomic Energy Is Heating Up Again

Nuclear Power Revival drives decarbonization, climate change mitigation, and energy security with SMRs, Generation IV designs, baseload reliability, and policy support, complementing renewables to meet net-zero targets and growing global electricity demand.

 

Key Points

A global shift back to nuclear energy, leveraging SMRs and advanced reactors to cut emissions and enhance energy security.

✅ SMRs offer safer, modular, and cost-effective deployment.

✅ Provides baseload power to complement intermittent renewables.

✅ Policy support and investments accelerate advanced designs.

 

In recent years, nuclear power has experienced a remarkable revival in public interest, policy discussions, and energy investment. Once overshadowed by controversies surrounding safety, waste management, and high costs, nuclear energy is now being reexamined as a vital component of the global energy transition, despite recurring questions such as whether it is in decline from some commentators. Here's why nuclear power is "so hot" right now:

1. Climate Change Urgency

One of the most compelling reasons for the renewed interest in nuclear energy is the urgent need to address climate change. Unlike fossil fuels, nuclear power generates electricity with zero greenhouse gas emissions during operation. As countries rush to meet net-zero carbon targets, evidence that net-zero may require nuclear is gaining traction, and nuclear offers a reliable, large-scale alternative to complement renewable energy sources like wind and solar.

2. Energy Security and Independence

Geopolitical tensions and supply chain disruptions have exposed vulnerabilities in relying on imported fossil fuels, and Europe's shrinking nuclear capacity has sharpened concerns over resilience. Nuclear power provides a domestic, stable energy source that can operate independently of volatile global markets. For many nations, this has become a strategic priority, reducing dependence on politically sensitive energy imports.

3. Advances in Technology

Modern innovations in nuclear technology are transforming the industry. Small Modular Reactors (SMRs) are leading the way as part of next-gen nuclear innovation, offering safer, more affordable, and flexible options for nuclear deployment. Unlike traditional large-scale reactors, SMRs can be built faster, scaled to specific energy needs, and deployed in remote or smaller markets.

Additionally, advances in reactor designs, such as Generation IV reactors and fusion research, promise to address longstanding concerns like waste management and safety. For example, some new designs can recycle spent fuel or run on alternative fuels, significantly reducing radioactive waste.

4. Public Perception Is Shifting

Public opinion on nuclear power is also changing. While the industry faced backlash after high-profile incidents like Chernobyl and Fukushima, increasing awareness of climate change and energy security is prompting many to reconsider, including renewed debates such as Germany's potential nuclear return in policy circles. A younger, climate-conscious generation views nuclear energy not as a relic of the past, but as an essential tool for a sustainable future.

5. Renewables Alone Are Not Enough

While renewable energy sources like solar and wind have grown exponentially, their intermittent nature remains a challenge. Energy storage technologies, such as batteries, have not yet matured enough to fully bridge the gap. Nuclear power, with its ability to provide constant, "baseload" energy, as France's fleet demonstrates in practice, serves as an ideal complement to variable renewables in a decarbonized energy mix.

6. Government Support and Investment

Policymakers are taking action to bolster the nuclear sector. Many countries are including nuclear energy in their clean energy plans, offering subsidies, grants, and streamlined regulations to accelerate its deployment. For instance, the United States has allocated billions of dollars to support advanced nuclear projects, the UK's green industrial revolution outlines support for upcoming reactor waves, while Europe has classified nuclear power as "sustainable" under its green taxonomy.

7. Global Energy Demand Is Growing

As populations and economies grow, so does the demand for electricity. Developing nations, in particular, are seeking energy solutions that can support industrialization while limiting environmental impact. Nuclear energy is being embraced as a way to meet these dual objectives, especially in regions with limited access to consistent renewable energy resources.

Challenges Ahead

Despite its potential, nuclear energy is not without its challenges. High upfront costs, lengthy construction timelines, and public concerns over safety and waste remain significant hurdles. The industry will need to address these issues while continuing to innovate and build public trust.

Nuclear power's resurgence is driven by its unique ability to tackle some of the most pressing challenges of our time: climate change, energy security, and the growing demand for electricity. With advances in technology, changing perceptions, and robust policy support, nuclear energy is poised to play a critical role in the global transition to a sustainable and secure energy future.

In a world increasingly shaped by the need for clean and reliable power, nuclear energy has once again become a hot topic—and for good reason.

 

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Is a Resurgence of Nuclear Energy Possible in Germany?

Germany Nuclear Phase-Out reflects a decisive energy policy shift, retiring reactors as firms shun new builds amid high costs, radioactive waste challenges, climate goals, insurance gaps, and debate over small modular reactors and subsidies.

 

Key Points

Germany's policy to end nuclear plants and block new builds, emphasizing safety, waste, climate goals, and viability.

✅ Driven by safety risks, waste storage limits, and insurance gaps

✅ High capital costs and subsidies make new reactors uneconomic

✅ Political debate persists; SMRs raise cost and proliferation concerns

 

A year has passed since Germany deactivated its last three nuclear power plants, marking a significant shift in its energy policy.

Nuclear fission once heralded as the future of energy in Germany during the 1960s, was initially embraced with minimal concern for the potential risks of nuclear accidents. As Heinz Smital from Greenpeace recalls, the early optimism was partly driven by national interest in nuclear weapon technology rather than energy companies' initiatives.

Jochen Flasbarth, State Secretary in the Ministry of Development, reflects on that era, noting Germany's strong, almost naive, belief in technology. Germany, particularly the Ruhr region, grappled with smog-filled skies at that time due to heavy industrialization and coal-fired power plants. Nuclear energy presented a "clean" alternative at the time.

This sentiment was also prevalent in East Germany, where the first commercial nuclear power plant came online in 1961. In total, 37 nuclear reactors were activated across Germany, reflecting a widespread confidence in nuclear technology.

However, the 1970s saw a shift in attitudes. Environmental activists protested the construction of new power plants, symbolizing a generational rift. The 1979 Three Mile Island incident in the US, followed by the catastrophic Chornobyl disaster in 1986, further eroded public trust in nuclear energy.

The Chornobyl accident, in particular, significantly dampened Germany's nuclear ambitions, according to Smital. Post-Chernobyl, plans for additional nuclear power plants in Germany, once numbering 60, drastically declined.

The emergence of the Green Party in 1980, rooted in anti-nuclear sentiment, and its subsequent rise to political prominence further influenced Germany's energy policy. The Greens, joining forces with the Social Democrats in 1998, initiated a move away from nuclear energy, facing opposition from the Christian Democrats (CDU) and Christian Social Union (CSU).

However, the Fukushima disaster in 2011 prompted a policy reversal from CDU and CSU under Chancellor Angela Merkel, leading to Germany's eventual nuclear phase-out in March 2023, after briefly extending nuclear power amid the energy crisis.

Recently, the CDU and CSU have revised their stance once more, signaling a potential U-turn on the nuclear phaseout, advocating for new nuclear reactors and the reactivation of the last shut-down plants, citing climate protection and rising fossil fuel costs. CDU leader Friedrich Merz has lamented the shutdown as a "black day for Germany." However, these suggestions have garnered little enthusiasm from German energy companies.

Steffi Lemke, the Federal Environment Minister, isn't surprised by the companies' reluctance, noting their longstanding opposition to nuclear power, which she argues would do little to solve the gas issue in Germany, due to its high-risk nature and the long-term challenge of radioactive waste management.

Globally, 412 reactors are operational across 32 countries, even as Europe is losing nuclear power during an energy crunch, with the total number remaining relatively stable over the years. While countries like China, France, and the UK plan new constructions, there's a growing interest in small, modern reactors, which Smital of Greenpeace views with skepticism, noting their potential military applications.

In Germany, the unresolved issue of nuclear waste storage looms large. With temporary storage facilities near power plants proving inadequate for long-term needs, the search for permanent sites faces resistance from local communities and poses financial and logistical challenges.

Environment Minister Lemke underscores the economic impracticality of nuclear energy in Germany, citing prohibitive costs and the necessity of substantial subsidies and insurance exemptions.

As things stand, the resurgence of nuclear power in Germany appears unlikely, with economic factors playing a decisive role in its future.

 

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Top Senate Democrat calls for permanent renewable energy, storage, EV tax credits

Clean Energy Tax Incentives could expand under Democratic proposals, including ITC, PTC, and EV tax credits, boosting renewable energy, energy storage, and grid modernization within a broader infrastructure package influenced by Green New Deal goals.

 

Key Points

Federal incentives like ITC, PTC, and EV credits that cut costs and speed renewables, storage, and grid upgrades.

✅ Proposes permanence for ITC, PTC, and EV tax credits

✅ Could accelerate solar, wind, storage, and grid upgrades

✅ Passage depends on bipartisan infrastructure compromise

 

The 115th U.S. Congress has not even adjourned for the winter, and already a newly resurgent Democratic Party is making demands that reflect its majority status in the U.S. House come January.

Climate appears to be near the top of the list. Last Thursday, Senator Chuck Schumer (D-NY), the Democratic Leader in the Senate, sent a letter to President Trump demanding that any infrastructure package taken up in 2019 include “policies and funding to transition to a clean energy economy and mitigate the risks that the United States is already facing due to climate change.”

And in a list of policies that Schumer says should be included, the top item is “permanent tax incentives for domestic production of clean electricity and storage, energy efficient homes and commercial buildings, electric vehicles, and modernizing the electric grid.”

In concrete terms, this could mean an extension of the Investment Tax Credit (ITC) for solar and energy storage, the Production Tax Credit (PTC) for wind and the federal electric vehicle (EV) tax credit program as well.

 

Pressure from the Left

This strong statement on climate change, clean energy and infrastructure investment comes as at least 30 incoming members of the U.S. House of Representatives have signed onto a call for the creation of a committee to explore a “Green New Deal” and to move the nation to 100% renewable energy by 2030.*

It also comes as Schumer has come under fire by activists for rumors that he plans to replace Senator Maria Cantwell (D-Washington) with coal state Democrat Joe Manchin (D-West Virginia) as the top Democrat on the Senate Energy and Natural Resources Committee.

As such, one possible way to read these moves is that centrist leaders like Schumer are responding to pressure from an energized and newly elected Left wing of the Democratic Party. It is notable that Schumer’s program includes many of the aims of the Green New Deal, while avoiding any explicit use of that phrase.

 

Implications of a potential ITC extension

The details of levels and timelines are important here, particularly for the ITC.

The ITC was set to expire at the end of 2016, but was extended in legislative horse-trading at the end of 2015 to a schedule where it remains at 30% through the end of 2019 and then steps down for the next three years, and disappears entirely for residential projects. Since that extension the IRS has issued guidance around the use of co-located energy storage, as well as setting a standard under which PV projects can claim the ITC for the year that they begin construction.

This language around construction means that projects can start work in 2019, complete in 2023 and still claim the 30% ITC, and this may be why we at pv magazine USA are seeing an unprecedented boom in project pipelines across the United States.

Of course, if the ITC were to become permanent some of those projects would be pushed out to later years. But as we saw in 2016, despite an extension of the ITC many projects were still completed before the deadline, leading to the largest volume of PV installed in the United States in any one year to date.

This means that if the ITC were extended by the end of 2020, we could see the same thing all over again – a boom in projects created by the expected sunset, and then after a slight lull a continuation of growth.

Or it is possible that a combination of raw economics, increased investor and utility interest, and accelerating renewable energy mandates will cause solar growth rates to continue every year, and that any changes in the ITC will only be a bump against a larger trend.

While the basis for expiration of the EV tax credit is the number of vehicles sold, not any year, both the battery storage and EV industries, which many see at an inflection point, could see similar effects if the ITC and EV tax credits are made permanent.

 

Will consensus be reached?

It is also unclear that any such infrastructure package will be taken up by Republicans, or that both parties will be able to come to a compromise on this issue. While the U.S. Congress passed an infrastructure bill in 2017, given the sharp and growing differences between the two parties, and divergent trade approaches such as the 100% tariff on Chinese-made EVs, it is not clear that they will be able to come to a meaningful compromise during the next two years.

 

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Electricity Demand In The Time Of COVID-19

COVID-19 Impact on U.S. Power Demand shows falling electricity load, lower wholesale prices, and resilient utilities in competitive markets, with regional differences tied to weather, renewable energy, stay-at-home orders, and hedging strategies.

 

Key Points

It outlines reduced load and prices, while regulatory design and hedging support utility stability across regions.

✅ Load down in NY, New England, PJM; weather drives South up.

✅ Wholesale prices fall 8-10% in key markets.

✅ Decoupling, contracts, hedging support utility earnings.

 

On March 27, Bloomberg New Energy Finance (BNEF) released a report on electricity demand and wholesale market prices impact from COVID-19 fallout. The model compares expected load based largely on weather with actual observed electricity demand changes.

So far, the hardest hit power grid is New York, with load down 7 and prices off by 10 percent. That’s expected, given New York City is the current epicenter of the US health crisis.

Next is New England, with 5 percent lower demand and 8 percent reduced wholesale prices for the week from March 19-25. BNEF says the numbers could go higher following advisories and orders issued March 24 for some 70 percent of the region’s population to stay at home.

Demand on the biggest grid in the US, the PJM (Pennsylvania/Jersey/Maryland), is 4 percent lower, with prices dropping 8 percent, as recent capacity auction payouts fell sharply. BNEF believes there will be more impact as stay at home orders are ramped up in several states.

California’s power demand for March 19-25 was 5 percent below what BNEF’s model expects without COVID-19 impact. That reflects a full week of stay-at-home orders from Governor Newsom issued March 19.

Health officials in Los Angeles and elsewhere expect a spike in COVID-19 cases in coming weeks. But BNEF’s model now actually projects rising electricity load for the state, due to what it calls "freakishly mild weather a year ago."

Rounding out the report, power demand is up for a band of southern states stretching from Florida to the desert Southwest, with weather more than offsetting public response to COVID-19 so far. BNEF says the Northwest’s grid "has not yet been highly impacted," while the Southeast is "generally in line" with pre-virus expectations.

Clearly, all of this data can change quickly and radically. Only California and New York are currently in full shutdown mode. Following them are New England (70 percent), the Midwest (65 percent), Texas (50 percent), PJM (50 percent) and the Northwest (50 percent).

In contrast, only small parts of Florida, the Southeast and Southwest are restricting movement. That could mean a big future increase for shut-ins, with heightened risks of electricity shut-offs that burden households and a corresponding impact on power demand.

Also, weather will play a major role on what happens to actual electricity demand, just as it always does. A very hot summer, for example, could offset virus-related shut-ins, just as it apparently is now in states like Texas. And it should be pointed out that regions vary widely by exposure to recession-sensitive sources of demand, such as heavy industry.

Most important for investors, however, is the built in protection US utility earnings enjoy from declining power demand, even amid broader energy crisis pressures facing the sector. For one thing, US power grids in California, ERCOT (Texas), MISO (Midwest), New England, New York and PJM have wholesale power markets, where producers compete for sales and the lowest bidder sets the price.

In those states, most regulated utilities don’t produce power at all. In fact, companies’ revenue is decoupled entirely from demand in California, as well as much of New England. In the roughly three-dozen states where utilities still operate as integrated monopolies, demand does affect revenue, and in many regions flat electricity demand already persists. But the cost of electricity is passed through directly to customers, whether produced or purchased.

A number of US electric companies have invested in renewable energy facilities as part of broader electrification trends nationwide. These sell their output under long-term contracts primarily with other utilities and government entities.

This isn’t a risk free business: For the past year, generators selling electricity to bankrupt PG&E Corp (PCG) have had their cash trapped at the power plant level as surety for lenders. But even PG&E has honored its contracts. And with states continuing aggressive mandates for renewable energy adoption, growth doesn’t appear at risk to COVID-19 fallout either.

The wholesale price of power from natural gas, coal and many nuclear plants was already sliding before COVID-19, due to renewables adoption and low natural gas prices, even as coal and nuclear disruptions raise reliability concerns. But here too, big producers like Exelon Corp (EXC) and Vistra Energy (VST) have employed aggressive price hedging near term, with regulated utilities and retail businesses protecting long-term health, respectively.

Bottom line: It’s early days for the COVID-19 crisis and much can still change. But so far at least, the US power industry is absorbing the blow of reduced demand, just as it’s done in previous crises.

That means future selloffs in the ongoing bear market are buying opportunities for best in class electric utilities, not a reason to sell. For top candidates, see the Conrad’s Utility Investor Portfolios and Dream Buy List in the March issue. 

 

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Saskatchewan to credit solar panel owners, but not as much as old program did

Saskatchewan Solar Net Metering Program lets rooftop solar users offset at retail rate while earning 7.5 cents/kWh credits for excess energy; rebates are removed, SaskPower balances grid costs with a 100 kW cap.

 

Key Points

An updated SaskPower plan crediting rooftop solar at 7.5 cents/kWh, offsetting usage at retail rate, without rebates.

✅ Excess energy credited at 7.5 cents/kWh

✅ Offsets on-site use at retail electricity rates

✅ Up to 100 kW generation; no program capacity cap

 

Saskatchewan has unveiled a new program that credits electricity customers for generating their own solar power, but it won’t pay as much as an older program did or reimburse them with rebates for their costs to buy and install equipment.

The new net metering program takes effect Nov. 1, and customers will be able to use solar to offset their own power use at the retail rate, similar to UK households' right to sell power in comparable schemes, though program details differ.

But they will only get 7.5 cents per kilowatt hour credit on their bills for excess energy they put back into the grid, as seen in Duke Energy payment changes in other jurisdictions, rather than the 14 cents in the previous program.

Dustin Duncan, the minister responsible for Crown-owned SaskPower, says the utility had to consider the interests of people wanting to use rooftop solar and everyone else who doesn’t have or can’t afford the panels, who he says would have to make up for the lost revenue.

Duncan says the idea is to create a green energy option, with wind power gains highlighting broader competitiveness, while also avoiding passing on more of the cost of the system to people who just cannot afford solar panels of their own.

Customers with solar panels will be allowed to generate up to 100 kilowatts of power against their bills.

“It’s certainly my hope that this is going to provide sustainability for the industry, as illustrated by Alberta's renewable surge creating jobs, that they have a program that they can take forward to their potential customers, while at the same time ensuring that we’re not passing onto customers that don’t have solar panels more cost to upkeep the grid,” Duncan said Tuesday.

Saskatchewan NDP leader Ryan Meili said he believes eliminating the rebate and cutting the excess power credit will kill the province’s solar energy, a concern consistent with lagging solar demand in Canada in recent national reports, he said.

“(Duncan) essentially made it so that any homeowner who wants to put up panels would take up to twice as long to pay it back, which effectively prices everybody in the small part of the solar production industry — the homeowners, the farms, the small businesses, the small towns — out of the market,” Meili said.

The province’s old net metering program hit its 16 megawatt capacity ahead of schedule, forcing the program to shut down, while disputes like the Manitoba Hydro solar lawsuit have raised questions about program management elsewhere. It also had a rebate of 20 per cent of the cost of the system, but that rebate has been discontinued.

The new net metering program won’t have any limit on program capacity, or an end date.

According to Duncan, the old program would have had a net negative impact to SaskPower of about $54 million by 2025, but this program will be much less — between $4 million and $5 million.

Duncan said other provinces either have already or are in the process of moving away from rebates for solar equipment, including Nova Scotia's proposed solar charge and similar reforms, and away from the one-to-one credits for power generation.

 

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Brazil tax strategy to bring down fuel, electricity prices seen having limited effects

Brazil ICMS Tax Cap limits state VAT on fuels, natural gas, electricity, communications, and transit, promising short-term price relief amid inflation, with federal compensation to states and potential legal challenges affecting investments and ANP auctions.

 

Key Points

A policy capping state VAT at 17-18 percent on fuels, electricity, and services to temper prices and inflation.

✅ Caps VAT to 17-18% on fuels, power, telecom, transit

✅ Short-term relief; medium-long term impact uncertain

✅ Federal compensation; potential court challenges, investment risk

 

Brazil’s congress approved a bill that limits the ICMS tax rate that state governments can charge on fuels, natural gas, electricity, communications, and public transportation. 

Local lawyers told BNamericas that the measure may reduce fuel and power prices in the short term, similar to Brazil power sector relief loans seen during the pandemic, but it is unlikely to produce any major effects in the medium and long term. 

In most states the ceiling was set at 17% or 18% and the federal government will pay compensation to the states for lost tax revenue until December 31, via reduced payments on debts that states owe the federal government.

The bill will become law once signed by President Jair Bolsonaro, who pushed strongly for the proposal with an eye on his struggling reelection campaign for the October presidential election. Double-digit inflation has turned into a major election issue and fuel and electricity prices have been among the main inflation drivers, as seen in EU energy-driven inflation across the bloc this year. Congress’ approval of the bill is seen by analysts as political victory for the Brazilian leader.

How much difference will it make?

Marcus Francisco, tax specialist and partner at Villemor Amaral Advogados, said that in the formation of fuel and electricity prices there are other factors, including high natural gas prices, that drive increases.

“In the case of fuels, if the barrel of oil [price] increases, automatically the final price for the consumer will go up. For electricity, on the other hand, there are several subsidies and policy choices such as Florida rejecting federal solar incentives that are part of the price and that can increase the rate [paid],” he said. 

There is also a possibility that some states will take the issue to the supreme court since ICMS is a key source of revenue for them, Francisco added.

Tiago Severini, a partner at law firm Vieira Rezende, said the comparison between the revenue impact and the effective price reduction, based on the estimates made by the states and the federal government, seems disproportionate, and, as seen in Europe, rolling back European electricity prices is often tougher than it appears. 

“In other words, a large tax collection impact is generated, which is quite unequal among the different states, for a not so strong price reduction,” he said.

“Due to the lack of clarity regarding the precision of the calculations involved, it’s difficult even to assess the adequacy of the offsets the federal government has been considering, and international cases such as France's new electricity pricing scheme illustrate how complex it can be to align fiscal offsets with regulatory constraints, to cover the cost it would have with the compensation for the states” Severini added.

The compensation ideas that are known so far include hiking other taxes, such as the social contribution on net profits (CSLL) that is paid by oil and gas firms focused on exploration and production.

“This can generate severe adverse effects, such as legal disputes, reduced investments in the country, and reduced attractiveness of the new auctions by [sector regulator] ANP, and costly interventions like the Texas electricity market bailout after extreme weather events,” Severini said. 

 

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