EPB workers installing fiber-optic lines

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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IESO Fictitious Demand Error inflated HOEP in the Ontario electricity market, after embedded generation was mis-modeled; the OEB says double-counted load lifted wholesale prices and shifted costs via the Global Adjustment.

Key Points

An IESO modeling flaw that double-counted load, inflating HOEP and charges in Ontario's wholesale market.

✅ Double-counted unmetered load from embedded generation

✅ Inflated HOEP; shifted costs via Global Adjustment

✅ OEB flagged transparency; exporters paid more

For almost a year, the operator of Ontario’s electricity system erroneously counted enough phantom demand to power a small city, causing prices to spike and hundreds of millions of dollars in extra charges to consumers, according to the provincial energy regulator.

The Independent Electricity System Operator (IESO) also failed to tell anyone about the error once it noticed and fixed it.

The error likely added between $450 million and $560 million to hourly rates and other charges before it was fixed in April 2017, according to a report released this month by the Ontario Energy Board’s Market Surveillance Panel.

It did this by adding as much as 220 MW of “fictitious demand” to the market starting in May 2016, when the IESO started paying consumers who reduced their demand for power during peak periods. This involved the integration of small-scale embedded generation (largely made up of solar) into its wholesale model for the first time.

The mistake assumed maximum consumption at such sites without meters, and double-counted that consumption.

The OEB said the mistake particularly hurt exporters and some end-users, who did not benefit from a related reduction of a global adjustment rate applicable to other customers.

“The most direct impact of the increase in HOEP (Hourly Ontario Energy Price) was felt by Ontario consumers and exporters of electricity, who paid an artificially high HOEP, to the benefit of generators and importers,” the OEB said.

The mix-up did not result in an equivalent increase in total system costs, because changes to the HOEP are offset by inverse changes to a electricity cost allocation mechanism such as the Global Adjustment rate, the OEB noted.

A chart from the OEB's report shows the time of day when fictitious demand was added to the system, and its influence on hourly rates.

Peak time spikes
The OEB said that the fictitious demand “regularly inflated” the hourly price of energy and other costs calculated as a direct function of it.

For almost a year, Ontario's electricity system operator @IESO_Tweets erroneously counted enough phantom demand to power a small city, causing price spikes and hundreds of millions in charges to consumers, @OntEnergyBoard says. @5thEstate reports.

It estimated the average increase to the HOEP was as much as $4.50/MWh, but that price spikes, compounded by scheduled OEB rate changes, would have been much higher during busier times, such as the mid-morning and early evening.

“In times of tight supply, the addition of fictitious demand often had a dramatic inflationary impact on the HOEP,” the report said.

That meant on one summer evening in 2016 the hourly rate jumped to $1,619/MWh, it said, which was the fourth highest in the history of the Ontario wholesale electricity market.

“Additional demand is met by scheduling increasingly expensive supply, thus increasing the market price. In instances where supply is tight and the supply stack is steep, small increases in demand can cause significant increases in the market price.

The OEB questioned why, as of September this year, the IESO had failed to notify its customers or the broader public, amid a broader auditor-regulator dispute that drew political attention, about the mistake and its effect on prices.

“It's time for greater transparency on where electricity costs are really coming from,” said Sarah Buchanan, clean energy program manager at Environmental Defence.

“Ontario will be making big decisions in the coming years about whether to keep our electricity grid clean, or burn more fossil fuels to keep the lights on,” she added. “These decisions need to be informed by the best possible evidence, and that can't happen if critical information is hidden.”

In a response to the OEB report on Monday, the IESO said its own initial analysis found that the error likely pushed wholesale electricity payments up by $225 million. That calculation assumed that the higher prices would have changed consumer behaviour, while upcoming electricity auctions were cited as a way to lower costs, it said.

In response to questions, a spokesperson said residential and small commercial consumers would have saved $11 million in electricity costs over the 11-month period, even as a typical bill increase loomed province-wide, while larger consumers would have paid an extra $14 million.

That is because residential and small commercial customers pay some costs via time-of-use rates, including a temporary recovery rate framework, the IESO said, while larger customers pay them in a way that reflects their share of overall electricity use during the five highest demand hours of the year.

The IESO said it could not compensate those that had paid too much, given the complexity of the system, and that the modelling error did not have a significant impact on ratepayers.

While acknowledging the effects of the mistake would vary among its customers, the IESO said the net market impact was less than $10 million, amid ongoing legislation to lower electricity rates in Ontario.

It said it would improve testing of its processes prior to deployment and agreed to publicly disclose errors that significantly affect the wholesale market in the future.

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Ontario Electricity Policy debates rates, subsidies, renewables, nuclear baseload, and Quebec hydro imports, highlighting grid transmission limits, community consultation, conservation, and the province's energy mix after cancelled wind projects and rising costs to taxpayers.

Key Points

Ontario Electricity Policy guides rates, generation, grid planning, subsidies and imports for reliable, low-cost power.

✅ Focuses on rates, subsidies, and consumer affordability

✅ Balances nuclear baseload, renewables, and Quebec hydro imports

✅ Emphasizes grid transmission, consultation, and conservation

When Kathleen Wynne’s Liberals went down to defeat at the hands of Doug Ford and the Progressive Conservatives, Ontario electricity had a lot to do with it. That was in 2018. Now, two years later, Ford’s government has electricity issues of its own, including a new stance on wind power that continues to draw scrutiny.

Electricity is politically fraught in Ontario. It’s among the most expensive in Canada. And it has been mismanaged at least as far back as nuclear energy cost overruns starting in the 1980s.

From the start Wynne’s government was tainted by the gas plant scandal of her predecessor Dalton McGuinty and then she created her own with the botched roll-out of her green energy plan. And that helped Ford get elected promising to lower electricity prices. But, rates haven’t gone down under Ford while the cost to the government coffers for subsidizing them have soared - now costing $5.6 billion a year.

Meanwhile, Ford’s government has spent at least $230 million to tear up green energy contracts signed by the former Liberal government, including two wind-farm projects that were already mid-construction.

Lessons learned?
In the final part of a three-part series, the six candidates vying to become the next leader of the Ontario Liberals discuss the province's electricity system, including the lessons learned from the prior Liberal government's botched attempts to fix it that led to widespread local opposition to a string of wind power projects, and whether they'd agree to import more hydroelectricity from Quebec.

“We had the right idea but didn’t stick the landing,” said Steven Del Duca, a member of the former Wynne government who lost his Vaughan-area seat in 2018, referring to its green-energy plan. “We need to make sure that we work more collaboratively with local communities to gain the buy-in needed to be successful in this regard.”

“Consultation and listening is key,” agreed Mitzie Hunter, who was education minister under Kathleen Wynne and in 2018 retained her seat in the legislature representing Scarborough-Guildwood. “We must seek input from community members about investments locally,” she said. “Inviting experts in to advise on major policy is also important to make evidence-based decisions."

Michael Coteau, MPP for Don Valley East and the third leadership candidate who was a member of the former government, called for “a new relationship of respect and collaboration with municipalities.”

He said there is an “important balance to be achieved between pursuing province wide objectives for green-energy initiatives and recognizing and reflecting unique local conditions and circumstances.”

Kate Graham, who has worked in municipal public service and has not held a provincial public office, said that experts and local communities are best placed to shape decisions in the sector.

In the final part of a three-part series, Ontario's Liberal leadership contenders discuss electricity, lessons learned from the bungled rollout of previous Liberal green policy, and whether to lean more on Quebec's hydroelectricity.
“What's gotten Ontario in trouble in the past is when Queen's Park politicians are the ones micromanaging the electricity file,” she said.

“Community consultation is vitally important to the long-term success of infrastructure projects,” said Alvin Tedjo, a former policy adviser to Liberal ministers Brad Duguid and Glen Murray.

“Community voices must be heard and listened to when large-scale energy programs are going to be implemented,” agreed Brenda Hollingsworth, a personal injury lawyer making her first foray into politics.

Of the six candidates, only Coteau went beyond reflection to suggest a path forward, saying he would review the distribution of responsibilities between the province and municipalities, with the aim of empowering cities and towns.

Turn back to Quebec?
Ford’s government has also turned away from a deal signed in 2016 to import hydroelectricity from Quebec.

Graham and Hunter both said they would consider increasing such imports. Hunter noted that the deal, which would displace domestic natural gas production, will lower the cost of electricity paid by Ontario ratepayers by a net total of $38 million from 2017 to 2023, according to the province’s fiscal watchdog.

“I am open to working with our neighbouring province,” Hunter said. “This is especially important as we seek to bring electricity to remote northern, on-reserve Indigenous communities.”

Tedjo said he has no issues with importing clean energy as long as it’s at a fair price.

Hollingsworth and Coteau both said they would withhold judgment until they could see the province’s capacity status in 2022.

“In evaluating the case for increasing importation of water power from Quebec, we must realistically assess the limitations of the existing transmission system and the cost and time required to scale up transmission infrastructure, among other factors,” Coteau said.

Del Duca also took a wait-and-see approach. “This will depend on our energy needs and energy mix,” he said. “I want to see our energy needs go down; we need more efficiency and better conservation to make that happen.”

What's the right energy mix?
Nuclear energy currently accounts for about a third of Ontario’s energy-producing capacity, even as Canada explores zero-emissions electricity by 2035 pathways. But it actually supplies about 60 percent of Ontario’s electricity. That is because nuclear reactors are always on, producing so-called baseload power.

Hydroelectricity provides another 25 percent of supply, while oil and natural gas contribute 6 per cent and wind adds 7 percent. Both solar and biofuels account for less than one percent of Ontario’s energy supply. However, a much larger amount of solar is not counted in this tally, as it is used at or near the sites where it is generated, and never enters the transmission system.

Asked for their views on how large a role various sources of power should play in Ontario’s electricity mix in the future, the candidates largely backed the idea of renewable energy, but offered little specifics.

Graham repeated her statement that experts and communities should drive that conversation. Tedjo said all non-polluting technologies should play a role in Ontario’s energy mix, as provinces like Alberta demonstrate parallel growth in green energy and fossil fuels. Coteau said we need a mix of renewable-energy sources, without offering specifics.

“We also need to pursue carbon capture and sequestration, working in particular with our farming communities,” he added.

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European Power Demand During Second Lockdowns remains resilient as winter heating offsets commercial losses; electricity consumption tracks seasonal norms, with weather sensitivity, industrial activity, natural gas shielding, and coal decline shaping dynamics under COVID-19 restrictions.

Key Points

It is expected to remain near seasonal norms, driven by heating, industry activity, and weather sensitive consumption.

✅ Winter heating offsets retail and hospitality closures

✅ Demand sensitivity rises with colder weather in France

✅ Gas generation shielded; coal likely to curtail first

European power demand is likely to hold up in the second round of national lockdown restrictions, with fluctuations most likely driven by changes in the weather.

Traders and analysts expect normal consumption this time around as home heating during the chilly season replaces commercial demand.

Last week electricity consumption in France, Germany and the U.K. was close to business-as-usual levels for the time of year, according to BloombergNEF data. By contrast, power demand had dropped 16% in the first seven days of the springtime lockdown, as reflected by the U.K.’s 10% daily decline reported then.

How power demand performs has significance outside the sector. It’s often seen as a proxy for economic growth and during lockdowns earlier this year, electricity use slumped along with GDP, and stunted hydro and nuclear output could further hobble recovery. For Western Europe, annual demand is expected to be 5% lower than the previous year, a bigger decline than after the global financial crisis in 2008, according to S&P Global Platts.

The Covid-19 limits are lighter than those from earlier in the year “with an explicit drive to preserve economic activity, particularly at the more energy-intensive industrial end of the spectrum,” said Glenn Rickson, head of European power analysis at S&P Global Platts.

Higher levels of working from home will offset some of the losses from shop and hospitality closures, “but also increase the temperature sensitivity of overall gas and power demand, as heat-driven demand records have shown in recent summers,” he said.

The latest wave of national lockdowns began in France, Germany, Spain, Italy and Britain, with Spain having seen April demand plummet earlier in the year, as coronavirus cases surged and officials struggled to keep the spread of the virus under control.

Much of the manufacturing industry remains working for now despite additional restrictions to contain the coronavirus. With the peak of the second wave yet to be reached, “it seems almost inevitable that the fourth quarter will prove economically challenging,” analysts at Alfa Energy said.

There will initially be significantly less of an impact on demand compared with this spring when global daily demand dipped about 15% and electricity consumption in Europe was down 30%, Johan Sigvardsson, power price analyst at Swedish utility Bixia AB said.

The prevalence of electric heating systems in France means that power demand is particularly sensitive to cold weather. A cold spell would significantly boost demand and drive record electricity prices in tight markets.

Similar to the last round of shutdowns, it’s use of coal that will probably be hit first if power demand sags, as transition-focused responses gather pace, leaving natural gas mostly shielded from fluctuations in the market.

“We expect that another drop in power demand would again impact coal-fired generation and shield gas power to some extent,” said Carlos Torres Diaz, an analyst at Rystad Energy.

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Ontario Electricity Relief outlines an extended disconnect moratorium, potential time-of-use price changes, and Ontario Energy Board oversight to support residential customers facing COVID-19 hardship and bill payment challenges during the emergency in Ontario.

Key Points

Plan to extend disconnect moratorium and weigh time-of-use price relief for residential customers during COVID-19.

✅ Extends winter disconnect ban by 3 months

✅ Considers time-of-use price adjustments

✅ Requires Ontario Energy Board approval

The Ontario government is preparing to announce electricity relief for residential electricity users struggling because of the COVID-19 emergency, according to sources.

Sources close to those discussions say a decision has been made to lengthen the existing five-month disconnect moratorium by an additional three months.

Separately, Hydro One's relief fund has offered support to its customers during the pandemic.

News releases about the moratorium extension are currently being drafted and are expected to be released shortly, as the pandemic has reduced electricity usage across Ontario.

Electricity utilities in Ontario are currently prohibited from disconnecting residential customers for non-payment during the winter ban period from November 15 to April 30.

The province is also looking at providing further relief by adjusting time-of-use prices, such as off-peak electricity rates, which are designed to encourage shifting of energy use away from periods of high total consumption to periods of low demand.

For businesses, the province has provided stable electricity pricing to support industrial and commercial operations.

But that would require Ontario Energy Board approval and no decision has been finalized, our sources advise.

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UK Nuclear Energy Ten Point Plan outlines support for large reactors, SMRs, and AMRs, funding Sizewell C, hydrogen production, and industrial heat to reach net zero, decarbonize transport and heating, and expand clean electricity capacity.

Key Points

A UK plan backing large, small, and advanced reactors to drive net zero via clean power, hydrogen, and industrial heat.

✅ Funds large plants (e.g., Sizewell C) under value-for-money models

✅ Invests in SMRs for factory-built, modular, lower-cost deployment

✅ Backs AMRs for high-temperature heat, hydrogen, and industry

The UK government has just announced its “Ten Point Plan for a Green Industrial Revolution”, in which it lays out a vision for the future of energy, transport and nature in the UK. As researchers into nuclear energy, my colleagues and I were pleased to see the plan is rather favourable to new nuclear power.

It follows the advice from the UK’s Nuclear Innovation and Research Advisory Board, pledging to pursue large power plants based on current technology, and following that up with financial support for two further waves of reactor technology (“small” and “advanced” modular reactors).

This support is an important part of the plan to reach net-zero emissions by 2050, as in the years to come nuclear power will be crucial to decarbonising not just the electricity supply but the whole of society.

This chart helps illustrate the extent of the challenge faced:

Electricity generation is only responsible for a small percentage of UK emissions. William Bodel. Data: UK Climate Change Committee

Efforts to reduce emissions have so far only partially decarbonised the electricity generation sector. Reaching net zero will require immense effort to also decarbonise heating, transport, as well as shipping and aviation. The plan proposes investment in hydrogen production and electric vehicles to address these three areas – which will require, as advocates of nuclear beyond electricity argue, a lot more energy generation.

Nuclear is well-placed to provide a proportion of this energy. Reaching net zero will be a huge challenge, and industry leaders warn it may be unachievable without nuclear energy. So here’s what the announcement means for the three “waves” of nuclear power.

Who will pay for it?
But first a word on financing. To understand the strategy, it is important to realise that the reason there has been so little new activity in the UK’s nuclear sector since the 1990s is due to difficulty in financing. Nuclear plants are cheap to fuel and operate and last for a long time. In theory, this offsets the enormous upfront capital cost, and results in competitively priced electricity overall.

But ever since the electricity sector was privatised, governments have been averse to spending public money on power plants. This, combined with resulting higher borrowing costs and cheaper alternatives (gas power), has meant that in practice nuclear has been sidelined for two decades. While climate change offers an opportunity for a revival, these financial concerns remain.

Large nuclear
Hinkley Point C is a large nuclear station currently under construction in Somerset, England. The project is well-advanced, with its first reactor installed and due to come online in the middle of this decade. While the plant will provide around 7% of current UK electricity demand, its agreed electricity price is relatively expensive.

Under construction: Hinkley Point C. Ben Birchall/PA

The government’s new plan states: “We are pursuing large-scale new nuclear projects, subject to value-for-money.” This is likely a reference to the proposed Sizewell C in Suffolk, on which a final decision is expected soon. Sizewell C would be a copy of the Hinkley plant – building follow-up identical reactors achieves capital cost reductions, and setbacks at Hinkley Point C have sharpened delivery focus as an alternative funding model will likely be implemented to reduce financing costs.

Other potential nuclear sites such as Wylfa and Moorside (shelved in 2018 and 2019 respectively for financial reasons) are also not mentioned, their futures presumably also covered by the “subject to value-for-money” clause.

Small nuclear
The next generation of nuclear technology, with various designs under development worldwide are smaller, cheaper, safer Small Modular Reactors (SMRs), such as the Rolls Royce “UK SMR”.

Reactors small enough to be manufactured in factories and delivered as modules can be assembled on site in much shorter times than larger designs, which in contrast are constructed mostly on site. In so doing, the capital costs per unit (and therefore borrowing costs) could be significantly lower than current new-builds.

The plan states “up to £215 million” will be made available for SMRs, Phase 2 of which will begin next year, with anticipated delivery of units around a decade from now.

Advanced nuclear
The third proposed wave of nuclear will be the Advanced Modular Reactors (AMRs). These are truly innovative technologies, with a wide range of benefits over present designs and, like the small reactors, they are modular to keep prices down.

Crucially, advanced reactors operate at much higher temperatures – some promise in excess of 750°C compared to around 300°C in current reactors. This is important as that heat can be used in industrial processes which require high temperatures, such as ceramics, which they currently get through electrical heating or by directly burning fossil fuels. If those ceramics factories could instead use heat from AMRs placed nearby, it would reduce CO₂ emissions from industry (see chart above).

High temperatures can also be used to generate hydrogen, which the government’s plan recognises has the potential to replace natural gas in heating and eventually also in pioneering zero-emission vehicles, ships and aircraft. Most hydrogen is produced from natural gas, with the downside of generating CO₂ in the process. A carbon-free alternative involves splitting water using electricity (electrolysis), though this is rather inefficient. More efficient methods which require high temperatures are yet to achieve commercialisation, however if realised, this would make high temperature nuclear particularly useful.

The government is committing “up to £170 million” for AMR research, and specifies a target for a demonstrator plant by the early 2030s. The most promising candidate is likely a High Temperature Gas-cooled Reactor which is possible, if ambitious, over this timescale. The Chinese currently lead the way with this technology, and their version of this reactor concept is expected soon.

In summary, the plan is welcome news for the nuclear sector, even as Europe loses nuclear capacity across the continent. While it lacks some specifics, these may be detailed in the government’s upcoming Energy White Paper. The advice to government has been acknowledged, and the sums of money mentioned throughout are significant enough to really get started on the necessary research and development.

Achieving net zero is a vast undertaking, and recognising that nuclear can make a substantial contribution if properly supported is an important step towards hitting that target.

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