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NB Power Pulp and Paper Subsidies lower electricity rates for six New Brunswick mills using firm power benchmarks and interruptible discounts, while government mandates, utility debt, ratepayer impacts, and competitiveness pressures shape provincial energy policy.

Key Points

Provincial mandates that buy down firm electricity rates for six mills to a national average, despite NB Power's debt.

✅ Mandated buy-down to match national firm electricity rates

✅ Ignores large non-firm interruptible power discounts

✅ Raises equity concerns amid NB Power debt and rate pressure

An effort to fix NB Power's struggling finances that is supposed to involve a look at "all options" will not include a review of the policy that requires the utility to subsidize electricity prices for six New Brunswick pulp and paper mills, according to the Department of Natural Resources and Energy Development.

The program is meant "to enable New Brunswick's pulp and paper companies have access to competitive priced electricity,"  said the department's communications officer Nick Brown in an email Monday 

"Keeping our large industries competitive with other Canadian jurisdictions, amid Nova Scotia rate hike opposition debates elsewhere, is important," he wrote, knocking down the idea the subsidy program might be scrutinized for shortcomings like other NB Power expenses.

Figures released last week show NB Power paid out $9.7 million in rate subsidies to the mills under the program in the fiscal year ended in March 2021, even though the utility was losing $4 million for the year and falling deeper into debt, amid separate concerns about old meter issues affecting households.

Subsidies went to three mills owned by J.D. Irving Ltd. including two in Saint John and one in Lake Utopia, two owned by the AV group in Nackawic and Atholville and the Twin Rivers pulp mill in Edmundston.

The New Brunswick government has made NB Power subsidize pulp and paper mills like Twin Rivers Paper Company since 2012, and is requiring the program to continue despite financial problems at the utility. (CBC)
It was NB Power's second year in a row of financial losses, while it is supposed to pay down $500 million of its $4.9 billion debt load in the next five years to prepare for the refurbishment of the Mactaquac dam, a burden comparable to customers in Newfoundland paying for Muskrat Falls elsewhere under separate policies, under a directive issued by the province

NB Power president Keith Cronkhite said he was "very disappointed" with debt increasing last year instead of  falling and senior vice president and chief financial officer Darren Murphy said everything would be under the microscope this year to turn the utility's finances around.  

"We need to do better," said Murphy on Thursday

"We need to step back and make sure we're considering all options, including approaches like Newfoundland's ratepayer shield agreement on megaproject overruns, to achieve that objective because the objective is quickly closing in on us."

However, reviewing the subsidy program for the six pulp and paper mills is apparently off limits.

The subsidy program requires NB Power to buy down the cost of "firm" electricity bought by pulp and paper mills to a national average that is calculated by the Department of Natural Resources and Energy Development.

Last year the province declared the price mills in New Brunswick pay to be an average of  7.536 cents per kilowatt hour (kwh).  It is higher than rates in five other provinces that have mills, which the province points to as justification for the subsidies, even as Nova Scotia's 14% rate hike approval highlights broader upward pressure, although the true significance of that difference is not entirely clear.

In British Columbia, the large forest products company Paper Excellence operates five pulp and paper mills which are charged 17.2 per cent less for firm electricity than the six mills in New Brunswick.

The Paper Excellence Paper Mill in Port Alberni, B.C. pays lower electricity prices than mills in New Brunswick, a benefit largely offset by higher property taxes. It's a factor New Brunswick does not count in calculating subsidies NB Power must pay. (Paper Excellence)
However, local property taxes on the five BC mills are a combined $7.8 million higher than the six New Brunswick plants, negating much of that difference.

The province's subsidy formula does not account for differences like that or for the fact New Brunswick mills buy a high percentage of their electricity at cheap non-firm prices.

Not counting the subsidies, NB Power already sells high volumes of what it calls interruptible and surplus power to industry at deep discounts on the understanding it can be cut off and redeployed elsewhere on short notice when needed.

Actual interruptions in service are rare.  Last year there were none, but NB Power sold 837 million kilowatt hours of the discounted power to industry at an average price of 4.9 cents per kwh.   

NB Power does not disclose how much of the $22 million or more in savings went to the six mills, but the price was 35 per cent below NB Power's posted rate for the plants and rivaled firm prices big mills receive anywhere in Canada, including Quebec.

Asked why the subsidy program ignores large amounts of discounted interruptible power used by New Brunswick mills in making comparisons between provinces, Brown said regulations governing the program require a comparison of firm prices only.

"The New Brunswick average rate is based on NB Power's published large industrial rate for firm energy, as required by the Electricity from Renewable Resources regulation," he wrote.

The subsidy program itself was imposed on NB Power by the province in 2012 to aid companies suffering after years of poor markets for forest products following the 2008 financial collapse and recession.  

Providing subsidies has cost NB Power $100 million so far and has continued even as markets for pulp products improved significantly and NB Power's own finances worsened.

Report warned against subsidies
NB Power has never directly criticized the program, but in a matter currently in front the of the New Brunswick Energy and Utilities Board looking at how NB Power might restructure its rates, including proposals such as seasonal rates that could prompt backlash, an independent consultant hired by the utility suggested rate subsidies to large export oriented manufacturing facilities, like pulp and paper mills, is generally a poor idea.

"We do not recommend offering subsidies to exporters," says the report by Christensen Associates Energy Consulting of Madison, Wis.

"There are two serious economic problems with subsidizing exports. The first is that the benefits may be less than the costs. The second problem is that subsidies tend to last forever, even if the circumstances that initially justified the subsidies have disappeared."

The Christensen report did not directly assess the merits of the current subsidy for pulp and paper mills but it addressed the issue because it said in the design of new rates "one NB Power business customer has raised the possibility that their electricity-intensive business ought to be granted subsidies because of the potential to generate extra benefits for the Province through increases in their exports"

That, said Christensen, rarely benefits the public.

"The direct costs of the subsidies are the subsidies themselves, a part of which ends up in the pockets of out-of-province consumers of the exported goods," said the report.  

"But there are also indirect costs due to the fact that the subsidies are financed through higher electricity prices, which means that other electricity customers have less money to spend on services provided by local businesses, thus putting a drag on the local economy."

The province does not agree.

Asked whether it has any studies or cost-benefit reviews that show the subsidy program is a net benefit to New Brunswick, the department cited none but maintained it is an important initiative, even as elsewhere governments have offered electricity bill credit relief to ratepayers.

"The program was designed to give large industrial businesses the ability to compete on a level energy field," wrote Brown.
 

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Gander Curling Club Debt Forgiveness Agreement explained: town council tax relief, loan write-off conditions, community benefits, and economic impact, covering long-standing taxes and loans while protecting the facility with asset clauses and compliance terms.

Key Points

Town plan erasing 25 years of tax and loan debt, with conditions to keep the curling facility open for residents.

✅ Conditions: no borrowing against property without consent.

✅ Water and sewer taxes must be paid annually.

✅ If sold or use changes, debt due; transfer for $1.

Gander town council has agreed to forgive the local curling club's debt of over $250,000.

Gina Brown, chair of the town council's finance committee, says the agreement has been put in place to help the curling club survive, amid broader discussions on electricity affordability in Newfoundland and Labrador.

"When we took a look at this and realized there was a significant outstanding debt for Gander curling club … we have to mitigate," Brown told CBC Newfoundland Morning. "[Getting] what the taxpayers are owed, with also understanding and appreciating the role that that recreational facility plays in our community."

According to Brown, the debt comes from a combination of taxes and loans, going back about 25 years. She says the curling club understood there was debt, but didn't know the number was so high. The club has been in the black since 2007, but used their profits for other items like renovations.

"Like so many cases when you're dealing with an organization with a changing board, and the same for council … [people are] coming in and coming out," Brown said. "And as a result, my understanding from the curling club's perspective is they weren't aware of how much was outstanding."

Chris McLeod, president of the Gander Curling Club, told CBC the club had been trying to address the debt since he became president in 2014.

Terms of agreement
The town's agreement with the club comes with the following stipulations:

The club will not use the property as security for any form of borrowing without the town's consent.
 
The club will continue to pay water and sewer tax annually.
 
If the club sells the property, the town reserves the right to void the agreement and the debt will immediately become due in full.
 
If the club stops using the facility as a curling club, the property will be transferred to the town for $1.
McLeod says the club will not attempt to pay back the debt, as it is not part of the agreement. The only way the debt would be paid is if the building is sold, which McLeod says it won't be, and there are also no plans to use the building for anything other than a curling club.

"[The debt] is basically gone now," McLeod said.

McLeod says the move was made to help get the debt off the books, and make sure the curling club can be financially responsible in the future, similar to relief programs some utilities offered during the pandemic.

The curling club is something that encourages people. So we felt that this has to be maintained.
- Gina Brown

Brown says keeping the curling club in Gander is important for the town, and brings different benefits to the area, as regional power cooperation debates illustrate broader trends.

"They are servicing people from as young as Grade 1 to seniors," Brown said. "You need little to no equipment, you need no background. So for the town itself, for its social and health implications, as provinces advance emissions plans that can affect communities, is one. But the other thing is the economic benefit that comes from having this facility here."

The Gander Curling Club's debt forgiveness comes with several conditions. (Google Maps)
The curling club can help attract people into the community, as recreational facilities are often a key draw for families, she added, while other provinces are creating transition funds to support communities.

"When you're as a town, trying to attract people coming in … whether you're a doctor, nurse, anybody looking at the recreational facilities, the curling club is something that encourages people," Brown said. "So we felt that this has to be maintained."

Brown says the town understands they might be setting a precedent with other businesses in forgiving the debts of the curling club, as major infrastructure like B.C.'s Site C dam has faced budget overruns.

"That's another thing we had to consider, what kind of precedents are [we] establishing?" Brown said. "From our standpoint, I think one of the things about this agreement that we felt was beneficial to the town is that they have an asset, helping to avoid costly delays seen with large projects. And the asset is a great building. To us, the taxpayers are in a win-win situation."

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US Climate Alliance 100% Renewables 2035 accelerates clean energy, electrification, and decarbonization, replacing coal and gas with wind, solar, and storage to cut air pollution, lower energy bills, create jobs, and advance environmental justice.

Key Points

A state-level target for alliance members to meet all electricity demand with renewable energy by 2035.

✅ 100% RES can meet rising demand from electrification

✅ Major health gains from reduced SO2, NOx, and particulates

✅ Jobs grow, energy burdens fall, climate resilience improves

The Union of Concerned Scientists joined with COPAL (Minnesota), GreenRoots (Massachusetts), and the Michigan Environmental Justice Coalition, to better understand the feasibility and implications of leadership states meeting 100 percent of their electricity needs with renewable energy by 2035, a target reflected in federal clean electricity goals under discussion today.

We focused on 24 member states of the United States Climate Alliance, a bipartisan coalition of governors committed to the goals of the 2015 Paris Climate Agreement. We analyzed two main scenarios: business as usual versus 100 percent renewable electricity standards, in line with many state clean energy targets now in place.

Our analysis shows that:

Climate Alliance states can meet 100 percent of their electricity consumption with renewable energy by 2035, as independent assessments of zero-emissions feasibility suggest. This holds true even with strong increases in demand due to the electrification of transportation and heating.

A transition to renewables yields strong benefits in terms of health, climate, economies, and energy affordability.

To ensure an equitable transition, states should broaden access to clean energy technologies and decision making to include environmental justice and fossil fuel-dependent communitieswhile directly phasing out coal and gas plants.

Demands for climate action surround us. Every day brings news of devastating "this is not normal" extreme weather: record-breaking heat waves, precipitation, flooding, wildfires. To build resilience and mitigate the worst impacts of the climate crisis requires immediate action to reduce heat-trapping emissions and transition to renewable energy, including practical decarbonization strategies adopted by states.

On the Road to 100 Percent Renewables explores actions at one critical level: how leadership states can address climate change by reducing heat-trapping emissions in key sectors of the economy as well as by considering the impacts of our energy choices. A collaboration of the Union of Concerned Scientists and local environmental justice groups COPAL (Minnesota), GreenRoots (Massachusetts), and the Michigan Environmental Justice Coalition, with contributions from the national Initiative for Energy Justice, assessed the potential to accelerate the use of renewable energy dramatically through state-level renewable electricity standards (RESs), major drivers of clean energy in recent decades. In addition, the partners worked with Greenlink Analytics, an energy research organization, to assess how RESs most directly affect people's lives, such as changes in public health, jobs, and energy bills for households.

Focusing on 24 members of the United States Climate Alliance (USCA), the study assesses the implications of meeting 100 percent of electricity consumption in these states, including examples like Rhode Island's 100% by 2030 plan that inform policy design, with renewable energy in the near term. The alliance is a bipartisan coalition of governors committed to reducing heat-trapping emissions consistent with the goals of the 2015 Paris climate agreement.[1]

On the Road to 100 Percent Renewables looks at three types of results from a transition to 100 percent RES policies: improvements in public health from decreasing the use of coal and gas2 power plants; net job creation from switching to more labor-oriented clean energy; and reduced household energy bills from using cleaner sources of energy. The study assumes a strong push to electrify transportation and heating to address harmful emissions from the current use of fossil fuels in these sectors. Our core policy scenario does not focus on electricity generation itself, nor does it mandate retiring coal, gas, and nuclear power plants or assess new policies to drive renewable energy in non-USCA states.

Our analysis shows that:

USCA states can meet 100 percent of their electricity consumption with renewable energy by 2035 even with strong increases in demand due to electrifying transportation and heating.

A transition to renewables yields strong benefits in terms of health, climate, economies, and energy affordability.

Renewable electricity standards must be paired with policies that address not only electricity consumption but also electricity generation, including modern grid infrastructure upgrades that enable higher renewable shares, both to transition away from fossil fuels more quickly and to ensure an equitable transition in which all communities experience the benefits of a clean energy economy.

Currently, the states in this analysis meet their electricity needs with differing mixes of electricity sourcesfossil fuels, nuclear, and renewables. Yet across the states, the study shows significant declines in fossil fuel use from transitioning to clean electricity; the use of solar and wind powerthe dominant renewablesgrows substantially:

In the study's "No New Policy" scenario"business as usual"coal and gas generation stay largely at current levels over the next two decades. Electricity generation from wind and solar grows due to both current policies and lowest costs.

In a "100% RES" scenario, each USCA state puts in place a 100 percent renewable electricity standard. Gas generation falls, although some continues for export to non-USCA states. Coal generation essentially disappears by 2040. Wind and solar generation combined grow to seven times current levels, and three times as much as in the No New Policy scenario.

A focus on meeting in-state electricity consumption in the 100% RES scenario yields important outcomes. Reductions in electricity from coal and gas plants in the USCA states reduce power plant pollution, including emissions of sulfur dioxide and nitrogen oxides. By 2040, this leads to 6,000 to 13,000 fewer premature deaths than in the No New Policy scenario, as well as 140,000 fewer cases of asthma exacerbation and 700,000 fewer lost workdays. The value of the additional public health benefits in the USCA states totals almost $280 billion over the two decades. In a more detailed analysis of three USCA statesMassachusetts, Michigan, and Minnesotathe 100% RES scenario leads to almost 200,000 more added jobs in building and installing new electric generation capacity than the No New Policy scenario.

The 100% RES scenario also reduces average energy burdens, the portion of household income spent on energy. Even considering household costs solely for electricity and gas, energy burdens in the 100% RES scenario are at or below those in the No New Policy scenario in each USCA state in most or all years. The average energy burden across those states declines from 3.7 percent of income in 2020 to 3.0 percent in 2040 in the 100% RES scenario, compared with 3.3 percent in 2040 in the No New Policy scenario.

Decreasing the use of fossil fuels through increasing the use of renewables and accelerating electrification reduces emissions of carbon dioxide (CO2), with implications for climate, public health, and economies. Annual CO2 emissions from power plants in USCA states decrease 58 percent from 2020 to 2040 in the 100% RES scenario compared with 12 percent in the No New Policy scenario.

The study also reveals gaps to be filled beyond eliminating fossil fuel pollution from communities, such as the persistence of gas generation to sell power to neighboring states, reflecting barriers to a fully renewable grid that policy must address. Further, it stresses the importance of policies targeting just and equitable outcomes in the move to renewable energy.

Moving away from fossil fuels in communities most affected by harmful air pollution should be a top priority in comprehensive energy policies. Many communities continue to bear far too large a share of the negative impacts from decades of siting the infrastructure for the nation's fossil fuel power sector in or near marginalized neighborhoods. This pattern will likely persist if the issue is not acknowledged and addressed. State policies should mandate a priority on reducing emissions in communities overburdened by pollution and avoiding investments inconsistent with the need to remove heat-trapping emissions and air pollution at an accelerated rate. And communities must be centrally involved in decisionmaking around any policies and rules that affect them directly, including proposals to change electricity generation, both to retire fossil fuel plants and to build the renewable energy infrastructure.

Key recommendations in On the Road to 100 Percent Renewables address moving away from fossil fuels, increasing investment in renewable energy, and reducing CO2 emissions. They aim to ensure that communities most affected by a history of environmental racism and pollution share in the benefits of the transition: cleaner air, equitable access to good-paying jobs and entrepreneurship alternatives, affordable energy, and the resilience that renewable energy, electrification, energy efficiency, and energy storage can provide. While many communities can benefit from the transition, strong justice and equity policies will avoid perpetuating inequities in the electricity system. State support to historically underserved communities for investing in solar, energy efficiency, energy storage, and electrification will encourage local investment, community wealth-building, and the resilience benefits the transition to renewable energy can provide.

A national clean electricity standard and strong pollution standards should complement state action to drive swift decarbonization and pollution reduction across the United States. Even so, states are well positioned to simultaneously address climate change and decades of inequities in the power system. While it does not substitute for much-needed national and international leadership, strong state action is crucial to achieving an equitable clean energy future.

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California Gas Plant Extensions keep Ormond Beach, AES Alamitos, and Huntington Beach on standby for grid reliability during heat waves, as regulators balance renewables, battery storage, and power, pending State Water Resources Control Board approval.

Key Points

State plan extending three coastal gas plants to 2026, adding capacity as California expands renewables and storage.

✅ Extends Ormond Beach, AES Alamitos, AES Huntington Beach

✅ Mitigates blackout risk during extreme heat and peak demand

✅ Pending State Water Resources Control Board approval

Temperatures in many California cities are cooling down this week, but a debate is simmering on how to generate enough electricity to power the state through extreme weather events while transitioning away from a reliance on fossil fuels as clean energy progress indicates statewide.

The California Energy Commission voted Wednesday to extend the life of three gas power plants along the state’s southern coast through 2026, even as natural-gas electricity records persist nationwide, postponing a shutoff deadline previously set for the end of this year. The vote would keep the decades-old facilities _ Ormond Beach Generating Station, AES Alamitos and AES Huntington Beach — open so they can run during emergencies.

The state is at a greater risk of blackouts during major events when many Californians simultaneously crank up their air conditioning, such as a blistering heat wave, illustrated by widespread utility shutoffs in recent years.

“We need to move faster in incorporating renewable energy. We need to move faster at incorporating battery storage. We need to build out chargers faster,” commissioner Patricia Monahan said amid an ongoing debate over the classification of nuclear power in California. “We’re working with all the energy institutions to do that, but we are not there yet.”

The plan, put together by the state’s Department of Water Resources, still needs final approval from the State Water Resources Control Board, which may vote on the issue next week. Democratic Gov. Gavin Newsom signed legislation last year creating an energy reserve the state could use as a last resort if there is likely to be an energy shortage, a challenge mirrored by Ontario electricity shortfall concerns elsewhere. The law allowed the Department of Water Resources to fund or secure power sources in those instances, after PG&E shutdown reasons drew attention to grid vulnerabilities.

The commission acknowledged it was a difficult decision. Environmentalists say the state needs to transition to more short- and long-term solutions that will help it move away from fossil fuels and to rely more on renewable energy sources like solar and wind, similar to Ontario's clean power push in recent years. They’re also concerned about the health impacts associated with pollution from gas plants.

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Churchill Falls NL-Quebec Agreement boosts hydropower revenues, revises power purchase pricing, expands transmission lines, and integrates Indigenous rights, enabling renewable energy growth, domestic supply, exports, and interprovincial collaboration on infrastructure and utility modernization.

Key Points

A renegotiated hydropower deal reallocating power and advancing projects with Indigenous benefits in NL and Quebec.

✅ Raises Hydro-Quebec price for Churchill Falls electricity

✅ Increases NL power share for domestic use and exports

✅ Commits joint projects and Indigenous participation safeguards

St. John's, Newfoundland and Labrador - In a historic development, Newfoundland and Labrador (NL) and Quebec have reached a tentative agreement over the controversial Churchill Falls hydroelectric project, amid Quebec's electricity ambitions and longstanding regional sensitivities, potentially unlocking hundreds of billions of dollars for the Atlantic province. The deal, announced jointly by Premier Andrew Furey and Quebec Premier François Legault, aims to rectify the decades-long imbalance in the original 1969 contract, which saw NL receive significantly less revenue than Quebec for the province's vast hydropower resources.

The core of the new agreement involves a substantial increase in the price that Hydro-Québec pays for electricity generated at Churchill Falls. This price hike, retroactive to January 1, 2025, is expected to generate billions in additional revenue for NL over the next several decades. The deal also includes provisions for:

• Increased power allocation for NL: The province will gain a larger share of the electricity generated at Churchill Falls, allowing for increased domestic consumption and potential export opportunities through the sale and trade of power across regional markets.
• Joint infrastructure development: Both provinces will collaborate on new energy projects, in line with Hydro-Québec's $185-billion plan to reduce fossil fuel reliance, including potential expansions to the Churchill Falls generating station and the development of new transmission lines.
• Indigenous involvement: The agreement acknowledges the importance of Indigenous rights and seeks to ensure that Indigenous communities in both provinces benefit from the project.

This landmark deal represents a significant victory for NL, which has long argued that the original 1969 contract was grossly unfair. The province has been seeking to renegotiate the terms of the agreement for decades, citing the low price paid for electricity and the significant economic benefits that have accrued to Quebec.

Key Implications:

• Economic Transformation: The influx of revenue from the new Churchill Falls agreement has the potential to significantly transform the economy of NL, though the legacy of Muskrat Falls costs tempers expectations before plans are finalized. The province can invest in critical infrastructure projects, such as healthcare, education, and transportation, as well as support economic diversification initiatives.
• Energy Independence: The increased access to electricity will enhance NL's energy security and reduce its reliance on fossil fuels. This shift towards renewable energy aligns with the province's climate change goals, and in the context of Quebec's no-nuclear stance could attract new investment in sustainable industries.
• Interprovincial Relations: The successful negotiation of this complex agreement demonstrates the potential for constructive collaboration between provinces on major infrastructure projects, as seen in recent NB Power-Hydro-Québec agreements to import more electricity. It sets a precedent for future interprovincial partnerships on issues of shared interest.

Challenges and Considerations:

• Implementation: The successful implementation of the agreement will require careful planning and coordination between the two provinces.
• Environmental Impact: The expansion of hydroelectric generation at Churchill Falls must be carefully assessed for its potential environmental impacts, including the effects on local ecosystems and Indigenous communities.
• Public Consultation: It is crucial that the governments of NL and Quebec engage in meaningful public consultation throughout the implementation process to ensure that the benefits of the agreement are shared equitably across both provinces.

The Churchill Falls agreement marks a turning point in the history of energy development in Canada. It demonstrates the potential for provinces to work together to achieve mutually beneficial outcomes, even as Nova Scotia shifts toward wind and solar after stepping back from the Atlantic Loop, while also addressing historical inequities and ensuring a more equitable distribution of the benefits of natural resources.

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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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