Feds approve Constellation sale

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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Quebec Energy Strategy focuses on hydropower, energy efficiency, and new dams as Hydro-Que9bec pursues Churchill Falls deals and the Champlain Hudson Power Express to New York, while nuclear power remains off the agenda.

Key Points

Quebec's plan prioritizes hydropower, efficiency, and new dams, excludes nuclear, and expands exports via CHPE.

✅ Nuclear power shelved; focus on renewables and dams

✅ Hydro-Que9bec pursues Churchill Falls and Gull Island talks

✅ CHPE line to New York advances; export contract with NYSERDA

Quebec Premier François Legault has closed the door on nuclear power, at least for now.

"For the time being, we're not touching it," said Legault when asked about the subject at a press scrum in New York on Tuesday.

The government is looking for new sources of energy as Hydro-Québec begins talks on a $185-billion strategy to wean the province off fossil fuels. In an interview with The Canadian Press at Quebec's official residence in New York, Legault said there are a number of avenues to explore:

• Energy efficiency.
• Negotiations with Newfoundland and Labrador over Churchill Falls and Gull Island.
• Upgrading existing dams and building new ones.

"Nuclear power is not on the agenda," he said.

Yet the premier seemed open to the nuclear question some time ago. In August, Radio-Canada reported that he had raised the idea of nuclear power in front of dozens of MNAs at the National Assembly last April.

Also in August, Hydro-Québec was evaluating the possibility of reopening the Gentilly-2 nuclear power plant, which has been closed since 2012.

Asked about his leader's statement on Tuesday, the Minister of the Economy, Pierre Fitzgibbon, maintained his line: "At the moment, we're looking at everything that's possible because we know that we have a significant deficit in the supply of green energy," he said.

Another step forward for the Quebec-New York line

Premier Legault took part in Tuesday morning's announcement that construction had begun on the New York converter station of the Champlain Hudson Power Express line. New York State Governor Kathy Hochul was present at the announcement.

In November 2021, Hydro-Québec signed a contract with the New York State Energy Research and Development Authority (NYSERDA) to export 10.4 terawatt-hours of electricity to the American metropolis over 25 years, while Ontario declined to renew a deal with Quebec.

At a time when the Quebec government is constantly asserting that more energy will be needed for future economic projects -- particularly the battery industry -- Legault sees no contradiction in selling electricity to the Americans and to neighboring provinces such as NB Power deals to import Hydro-Québec power.

"Whether it's this contract or the contract for companies coming to set up in Quebec, it's out of the surplus we currently have in Quebec. Now, we have dozens of investment project proposals in Quebec where we need additional electricity," he explained.

The line will supply 20 per cent of New York City's electricity needs, despite transmission constraints on Quebec-to-U.S. deliveries. Commissioning is scheduled for May 2026. The spin-offs are estimated at $30 billion, according to the premier.

Will this money be used to finance new dams, such as the La Romaine hydroelectric complex built in recent years?

"It's certain that future projects will cost several tens of billions of dollars. Hydro-Québec has the capacity to borrow. It's a very healthy company. There's no doubt that these revenues will improve Hydro-Québec's image," he said.

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TEPCO Kashiwazaki-Kariwa restart plan clears NRA fitness review, anchored by a seven-point safety code, Niigata consent, Fukushima lessons, seismic risk analysis, and upgrades to No. 6 and No. 7 reactors, each rated 1.35 GW.

Key Points

TEPCO's plan to restart Kashiwazaki-Kariwa under NRA rules, pending Niigata consent and upgrades to Units 6 and 7.

✅ NRA deems TEPCO fit; legally binding seven-point safety code

✅ Local consent required: Niigata review of evacuation and health impacts

✅ Initial focus on Units 6 and 7; 1.35 GW each, seismic upgrades

Tokyo Electric Power Co. cleared a major regulatory hurdle toward restarting a nuclear power plant in Niigata Prefecture, but the utility’s bid to resume its operations still hangs in the balance of a series of political approvals.

The government’s nuclear watchdog concluded Sept. 23 that the utility is fit to operate the plant, based on new legally binding safety rules TEPCO drafted and pledged to follow, even as nuclear projects worldwide mark milestones across different regulatory environments today. If TEPCO is found to be in breach of those regulations, it could be ordered to halt the plant’s operations.

The Nuclear Regulation Authority’s green light now shifts the focus over to whether local governments will agree in the coming months to restart the Kashiwazaki-Kariwa plant.

TEPCO is keen to get the plant back up and running. It has been financially reeling from the closure of its nuclear plants in Fukushima Prefecture following the triple meltdown at the Fukushima No. 1 nuclear plant in 2011 triggered by the earthquake and tsunami disaster.

In parallel, Japan is investing in clean energy innovations such as a large hydrogen system being developed by Toshiba, Tohoku Electric Power and Iwatani.

The company plans to bring the No. 6 and No. 7 reactors back online at the Kashiwazaki-Kariwa nuclear complex, which is among the world’s largest nuclear plants, amid China’s nuclear energy continuing on a steady development track in the region.

The two reactors each boast 1.35 gigawatts in output capacity, while Kenya’s nuclear plant aims to power industry as part of that country’s expansion. They are the newest of the seven reactors there, first put into service between 1996 and 1997.

TEPCO has not revealed specific plans yet on what to do with the older five reactors.

In 2017, the NRA cleared the No. 6 and No. 7 reactors under the tougher new reactor regulations established in 2013 in response to the Fukushima nuclear disaster, while jurisdictions such as Ontario support continued operation at Pickering under strict oversight.

It also closely scrutinized the operator’s ability to run the Niigata Prefecture plant safely, given its history as the entity responsible for the nation’s most serious nuclear accident.

After several rounds of meetings with top TEPCO managers, the NRA managed to hold the utility’s feet to the fire enough to make it pledge, in writing, to abide by a new seven-point safety code for the Kashiwazaki-Kariwa plant.

The creation of the new code, which is legally binding, is meant to hold the company accountable for safety measures at the facility.

“As the top executive, the president of TEPCO will take responsibility for the safety of nuclear power,” one of the points reads. “TEPCO will not put the facility’s economic performance above its safety,” reads another.

The company promised to abide by the points set out in writing during the NRA’s examination of its safety regulations.

TEPCO also vowed to set up a system where the president is directly briefed on risks to the nuclear complex, including the likelihood of earthquakes more powerful than what the plant is designed to withstand. It must also draft safeguard measures to deal with those kinds of earthquakes and confirm whether precautionary steps are in place.

The utility additionally pledged to promptly release public records on the decision-making process concerning crucial matters related to nuclear safety, and to preserve the documents until the facility is decommissioned.

TEPCO plans to complete its work to reinforce the safety of the No. 7 reactor in December. It has not set a definite deadline for similar work for the No. 6 reactor.

To restart the Kashiwazki-Kariwa plant, TEPCO needs to obtain consent from local governments, including the Niigata prefectural government.

The prefectural government is studying the plant’s safety through a panel of experts, which is reviewing whether evacuation plans are adequate as off-limits areas reopen and the health impact on residents from the Fukushima nuclear disaster.

Niigata Governor Hideyo Hanazumi said he will not decide on the restart until the panel completes its review.

The nuclear complex suffered damage, including from fire at an electric transformer, when an earthquake it deemed able to withstand hit in 2007.

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Denmark 2019 electricity CO2 intensity shows record-low emissions as renewable energy surges, wind power dominates, offshore wind expands, and coal phase-out accelerates Denmark's energy transition and grid decarbonization, driven by higher CO2 prices and flexibility.

Key Points

It is 135 g CO2/kWh, a record low enabled by wind power growth, offshore wind, and a sharp coal decline.

✅ Average emissions fell to 135 g CO2/kWh, the lowest on record

✅ Wind and solar supplied 49.9% of national electricity use

✅ Coal consumption dropped 46% as CO2 allowance prices rose

Danish electricity producers set a new green record in 2019, when an average produced kilowatt-hour emitted 135 gr CO2 / kWh.

It is the lowest CO2 emission ever measured in Denmark and about one-seventh of what the electricity producers emitted in 1990.

Never has a kilowatt-hour produced emitted as little CO2 as it did in 2019. And that's according to Energinet's recently published annual Environmental Report on Danish electricity generation and cogeneration, two primary causes.

One reason is that more green power has been produced because the Horns Rev 3 offshore wind farm, which can produce electricity for 425,000 households, was commissioned in 2019. The other is that Danish coal consumption fell by 46 percent from 2018 to 2019, as coal phase-out plans gathered pace across the sector. the dramatic decline in coal consumption is partly due a significant increase in the price of CO2 quotas, and thus also the price of CO2 emissions.

'Historically, 135 gr CO2 / kWh is a really, really low figure, showing the impressive green travel that the Danish electricity system has been on. In 1990, a kilowatt-hour produced emitted over 1000 grams of CO2, ie about seven times as much as today, 'says Hanne Storm Edlefsen, area manager in Energinet Power Systems Responsibility.

Wind energy is the dominant form of electricity generation in Denmark, a pattern the UK wind beat coal in 2016 when shifting away from fossil fuels.

17.1 TWh. Danish wind turbines and solar cells generated so much electricity in 2019, corresponding to 49.9 per cent. of Danish electricity consumption, reflecting broader EU wind and solar growth trends as well. An increase of 15 per cent. The wind turbines alone produced 16 TWh, which is not only a new green record, but also puts a thick line that wind energy is by far the most dominant form of electricity generation in Denmark.

'Thanks to our large wind resources, turbines are by far the largest supplier of renewable energy in Denmark, and this will be for many years to come. The large price drop in new wind energy in recent years - for both onshore and offshore winds - will ensure that wind energy will drive a large part of the growth in renewable energy in the coming years, as new wind generation records are set in markets like the UK, 'says Soren Klinge, electricity market manager at Wind Denmark.

Conversely, total electricity generation from fossil and bio-based fuels decreased by 26 PJ (petajoule ed.), Corresponding to 34 per cent. from 2018 to 2019, mirroring renewables overtaking coal in Germany. Nevertheless, net electricity generation was just under 30 TWh both years.

'It is worth noting that while fossil fuels are being phased out, Denmark maintains its annual net production of electricity. The green, so to speak, replaces the black. It once again underpins that green conversion, high security of supply and an affordable electricity price can go hand in hand, 'says Hanne Storm Edlefsen.

Danish power system is ready for a green future

Including trade in electricity with neighboring countries, 1 kWh in a Danish outlet generates 145 gr CO2 / kWh.

'There has been a very significant development in the Danish electricity system in recent years, where the electricity system can now be operated solely on the renewable energy. It is a remarkable development, also from an international perspective where low-carbon progress stalled in the UK in 2019, that one would not have thought possible for just a few years ago, 'he says.

More than expected have phased out coal

The electricity from the Danish sockets will be greener , predicts Energinet's environmental report , which expects CO2 intensity in the coming years. This is explained by an expectation of increased electrification of energy consumption, together with a continued expansion with wind and solar.

'Wind energy is the cornerstone of the green transition. With the commissioning of the Kriegers Flak offshore wind farm and several major onshore wind turbine projects within the next few years, we can well expect that only the wind's share of electricity consumption will exceed 50 per cent hopefully as early as 2021,' concludes Soren Klinge.

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PG&E Wildfire Assistance Program offers court-approved aid and emergency grants for Northern California wildfires and Camp Fire victims, covering unmet needs, housing, and essentials; apply online by November 15, 2019 under Chapter 11-funded eligibility.

Key Points

A $105M, court-approved aid fund offering unmet-needs payments and emergency support for 2017-2018 wildfire victims.

✅ $5,000 Basic Unmet Needs per household, self-certified

✅ Supplemental aid for extreme circumstances after basic grants

✅ Apply online; deadline November 15, 2019; identity required

Beginning today, August 15, 2019, those displaced by the 2017 Northern California wildfires and 2018 Camp fire can apply for aid through an independently administered Wildfire Assistance Program funded by Pacific Gas and Electric Company (PG&E). PG&E’s $105 million fund, approved by the judge in PG&E’s Chapter 11 cases and related bankruptcy plan, is intended to help those who are either uninsured or need assistance with alternative living expenses or other urgent needs. The court-approved independent administrator is set to file the eligibility criteria as required by the court and will open the application process.

“Our goal is to get the money to those who most need it as quickly as possible. We will prioritize wildfire victims who have urgent needs, including those who are currently without adequate shelter,” said Cathy Yanni, plan administrator. Yanni is partnering with local agencies and community organizations to administer the fund, and PG&E also supports local communities through property tax contributions to counties.

“We appreciate the diligent work of the fund administrator in quickly establishing a way to distribute these funds and ensuring the program supports those with the most immediate needs. PG&E is focused on helping those impacted by the devastating wildfires in recent years and strengthening our energy system to reduce wildfire risks and prevent utility-caused catastrophic fires. We feel strongly that helping these communities now is the right thing to do,” said Bill Johnson, CEO and President of PG&E Corporation.

Applicants can request a “Basic Unmet Needs” payment of $5,000 per household for victims who establish basic eligibility requirements and self-certify that they have at least $5,000 of unmet needs that have not been compensated by the Federal Emergency Management Agency (FEMA). Payments are to support needs such as water, food, prescriptions, medical supplies and equipment, infant formula and diapers, personal hygiene items, and transportation fuels beyond what FEMA covered in the days immediately following the declared disasters, aligning with broader health and safety actions the company has taken.

Those who receive basic payments may also qualify for a “Supplemental Unmet Needs” payment. These funds will be available only after “Basic Unmet Needs” payments have been issued. Supplemental payments will be available to individuals and families who currently face extreme or extraordinary circumstances as compared to others who were impacted by the 2017 and 2018 wildfires, including areas affected by power line-related fires across California.

To qualify for the payments, applicants’ primary residence must have been within the boundary of the 2017 Northern California wildfires or the 2018 Camp fire in Butte County. Applicants also must establish proof of identity and certify that they are not requesting payments for an expense already paid for by FEMA.

Applicants can find more information and apply for assistance at https://www.norcalwildfireassistanceprogram.com/. The deadline to file for aid is November 15, 2019.

The $105 million being provided by PG&E was made available from the company’s cash reserves. PG&E will not seek cost recovery from its customers, and its rates are set to stabilize in 2025 according to recent guidance.

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Texas ERCOT Power Grid leads U.S. wind generation yet faces isolated interconnection, FERC exemption, and high industrial energy use, with distinct electricity and natural gas prices managed by a single balancing authority.

Key Points

The state-run interconnection that balances Texas electricity, isolated from FERC oversight and other U.S. grids.

✅ Largest U.S. wind power producer, high industrial demand

✅ Operates one balancing authority, independent interconnection

✅ Pays lower electricity, higher natural gas vs national average

For nearly two decades, the Lone Star State has generated more wind-sourced electricity than any other state in the U.S., according to the Energy Information Administration, or EIA.

In 2022, EIA reported Texas produced more electricity than any other state and generated twice as much as second-place Florida.

However, Texas also leads the country in another category. According to EIA, Texas is the largest energy-consuming state in the nation across all sectors with more than half of the state’s energy being used by the industrial sector.

As of May 2023, Texas residents paid 43% more for natural gas and around 10% less for electricity compared to the national average, according to EIA, and in competitive areas shopping for electricity is getting cheaper as well. Commercial and industrial sectors on average for the same month paid 25% less for electricity compared to the national average.

U.S. electric system compared to Texas
The U.S. electric system is essentially split into three regions called interconnections and are managed by a total of 74 entities called balancing authorities that ensure that power supply and demand are balanced throughout the region to prevent the possibility of blackouts, according to EIA.

The three regions (Interconnections):

Eastern Interconnection: Covers all U.S. states east of the Rocky Mountains, a portion of northern Texas, and consists of 36 balancing authorities.
Western Interconnection: Covers all U.S. states west of the Rockies and consists of 37 balancing authorities.
ERCOT: Covers the majority of Texas and consists of one balancing authority (itself).

During the 2021 winter storm, Texas electric cooperatives were credited with helping maintain service in many communities.

“ERCOT is unique in that the balancing authority, interconnection, and the regional transmission organization are all the same entity and physical system,” according to EIA, a structure often discussed in analyses of Texas power grid challenges today.

With this being the case, Texas is the only state in the U.S. that balances itself, the only state that is not subject to the jurisdiction of the Federal Energy Regulatory Commission, or FERC, and the only state that is not synchronously interconnected to the grid in the rest of the United States in the event of tight grid conditions, highlighting ongoing discussions about improving Texas grid reliability before peak seasons, according to EIA.

Every other state in the U.S. is connected to a web of multiple balancing authorities that contribute to ensuring power supply and demand are met.

California, for example, was the fourth largest electricity producer and the third largest electricity consumer in the nation in 2022, according to EIA, and California imports the most electricity from other states while Pennsylvania exports the most.

Although California produces significantly less electricity than Texas, it has the ability to connect with more than 10 neighboring balancing authorities within the Western Interconnection to interchange electricity, a dynamic that can see clean states importing dirty electricity under certain market conditions. ERCOT being independent only has electricity interchange with two balancing authorities, one of which is in Mexico.

Regardless of Texas’ unique power structure compared to the rest of the nation, the vast majority of the U.S. risked electricity supplies during this summer’s high heat, as outlined in severe heat blackout risks reports, according to EIA.

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