Residents get to sound off on NY power line plan

By Associated Press


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Opponent after opponent took turns sharply condemning a proposed 190-mile long high voltage power line through upstate New York, calling it an unneeded and unwanted "white elephant" that would endanger the region's economy and scar its landscape.

"Ultimately, it's nothing more than an extension cord running through someone else's bedroom," said Steve Skollar of Hamilton, one of nearly three dozen people who spoke against the New York Regional Interconnect plan at the first of 13 public hearings being held on the project by the state Public Service Commission.

"This is a bad idea for New York and would be a tragedy for the area," said Skollar, whose house would sit within a quarter-mile of the proposed line.

NYRI wants to build a $2.1 billion transmission line running from the Utica area through seven upstate New York counties to Orange County to bring power to the New York City area. NYRI says the 1,200-megawatt line is needed to improve the state's aging power grid and reduce the threat of blackouts like the one that struck the state in 2003.

But the project has generated intense opposition from residents and local governments along the proposed path who say it will harm their communities and lead to higher costs for power. The hearing was the first chance for residents to express their opposition. About 75 people attended the hearing, the first of two scheduled at Colgate University. That session was expected to be more heavily attended, opponents said.

Chris Rossi, a co-chair of the citizens' group STOP NYRI, said the project would threaten the region's future as a tourist destination because the towers would be an eyesore. Rossi said the area is a "living museum of 19th century land use and transportation," noting it is the home of the Erie Canal and underground railroad.

"The massive towers... would dominate the landscape and completely devastate the historical integrity of the route," said Rossi, of Hubbardsville.

Eve Ann Shwartz, co-chair of STOP NYRI and a vice chairman of the municipal coalition against the line, Communities Against Regional Interconnect, criticized NYRI because it has asked the federal government to guarantee profits of between 11 and 13 1/2 percent.

"My father built a thriving dairy and beef farm... without the help of the federal or state government subsidizing his business or guaranteeing him a profit," Shwartz said.

Shwartz said the proposed line would cut across her family's 1,200 acre farm for 1.8 miles and require her family to yield "clearing rights" on 16 acres, which includes its most productive corn and alfalfa fields. Increased power costs would be a hardship for farmers, as well as those in the food processing and light manufacturing industries.

Instead of a power line, Shwartz said the state would be better served by improved conservation and building electricity generating plants closer to where the power is needed.

In a recent review, New York's Independent System Operator said the state's existing transmission lines can provide sufficient and reliable electricity for the next 10 years without NYRI, said Owen Tallman, of Hamilton, who called the project a "white elephant."

Other speakers said the power line would reduce real estate values by between 10 percent and 40 percent and create a health hazard for local residents.

NYRI wants to build the line mostly along old railroad beds in one of two areas identified by the federal government as "national interest energy transmission corridors."

The company has said the line would run largely along the old railroad rights of way, but the PSC has asked NYRI to consider alternate routes. NYRI has said it would bury part of the line underground in the most densely populated section near Utica, but that doing so for the entire length of the project would be too expensive to build and maintain.

Jane Welsh of Madison said she is worried Washington officials would step in and approve the power line project even if the PSC rejects the project — a power it can evoke inside the special transmission corridors.

"The NYRI project is nothing short of a rape perpetrated upon our local communities by a wealthy and politically connected group of outsiders," Welsh said.

Welsh also objected to NYRI being able to exercise eminent domain to acquire private property.

Outside the hearing, opponents constructed a mock cemetery with cardboard tombstones. Each bore an RIP for something opponents say they will lose if the project proceeds — tourism, landscape, health, jobs, and real estate values, among them.

The public hearings continue for the next three weeks. The final hearing is Nov. 6 in Norwich.

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How ‘Virtual Power Plants’ Will Change The Future Of Electricity

Virtual Power Plants orchestrate distributed energy resources like rooftop solar, home batteries, and EVs to deliver grid services, demand response, peak shaving, and resilience, lowering costs while enhancing reliability across wholesale markets and local networks.

 

Key Points

Virtual Power Plants aggregate solar and batteries to provide grid services, cut peak costs, and boost reliability.

✅ Aggregates DERs via cloud to bid into wholesale markets

✅ Reduces peak demand, defers costly grid upgrades

✅ Enhances resilience vs outages, cyber risks, and wildfires

 

If “virtual” meetings can allow companies to gather without anyone being in the office, then remotely distributed solar panels and batteries can harness energy and act as “virtual power plants.” It is simply the orchestration of millions of dispersed assets within a smarter electricity infrastructure to manage the supply of electricity — power that can be redirected back to the grid and distributed to homes and businesses. 

The ultimate goal is to revamp the energy landscape, making it cleaner and more reliable. By using onsite generation such as rooftop solar and smart solar inverters in combination with battery storage, those services can reduce the network’s overall cost by deferring expensive infrastructure upgrades and by reducing the need to purchase cost-prohibitive peak power. 

“We expect virtual power plants, including aggregated home solar and batteries, to become more common and more impactful for energy consumers throughout the country in the coming years,” says Michael Sachdev, chief product officer for Sunrun Inc., a rooftop solar company, in an interview. “The growth of home solar and batteries will be most apparent in places where households have an immediate need for backup power, as they do in California, where grid reliability pressures have led utilities to turn off the electricity to reduce wildfire risk.”

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Home battery adoption, such as Tesla Powerwall systems, is becoming commonplace in Hawaii and in New England, he adds, because those distributed assets are improving the efficiency of the electrical network. It is a trend that is reshaping the country’s energy generation and delivery system by relying more on clean onsite generation and less on fossil fuels.

Sunrun has recently formed a business partnership with AutoGrid, which will manage Sunrun’s fleet of rechargeable batteries. It is a cloud-based system that allows Sunrun to work with utilities to dispatch its “storage fleet” to optimize the economic results. AutoGrid compiles the data and makes AI-driven forecasts that enable it to pinpoint potential trouble spots. 

But a distributed energy system, or a virtual power plant, would have 200,000 subsystems. Or, 200,000 5 kilowatt batteries would be the equivalent of one power plant that has a capacity of 1,000 megawatts. 

“A virtual power plant acts as a generator,” says Amit Narayan, chief executive officer of AutoGrid, in an interview. “It is one of the top five innovations of the decade. If you look at Sunrun, 60% of every solar system it sells in the Bay Area is getting attached to a battery. The value proposition comes when you can aggregate these batteries and market them as a generation unit. The pool of individual assets may improve over time. But when you add these up, it is better than a large-scale plant. It is like going from mainframe computers to laptops.”

The AutoGrid executive goes on to say that centralized systems are less reliable than distributed resources. While one battery could falter, 200,000 of them that operate from remote locations will prove to be more durable — able to withstand cyber attacks and wildfires. Sunrun’s Sachdev adds that the ability to store energy in batteries, as seen in California’s expanding grid-scale battery use supporting reliability, and to move it to the grid on demand creates value not just for homes and businesses but also for the network as a whole.

The good news is that the trend worldwide is to make it easier for smaller distributed assets, including energy storage for microgrids that support local resilience, to get the same regulatory treatment as power plants. System operators have been obligated to call up those power supplies that are the most cost-effective and that can be easily dispatched. But now regulators are giving virtual power plants comprised of solar and batteries the same treatment. 

In the United States, for example, the Federal Energy Regulatory Commission issued an order in 2018 that allows storage resources to participate in wholesale markets — where electricity is bought directly from generators before selling that power to homes and businesses. Under the ruling, virtual power plants are paid the same as traditional power suppliers. A federal appeals court this month upheld the commission’s order, saying that it had the right to ensure “technological advances in energy storage are fully realized in the marketplace.” 

“In the past, we have used back-up generators,” notes AutoGrid’s Narayan. “As we move toward more automation, we are opening up the market to small assets such as battery storage and electric vehicles. As we deploy more of these assets, there will be increasing opportunities for virtual power plants.” 

Virtual power plants have the potential to change the energy horizon by harnessing locally-produced solar power and redistributing that to where it is most needed — all facilitated by cloud-based software that has a full panoramic view. At the same time, those smaller distributed assets can add more reliability and give consumers greater peace-of-mind — a dynamic that does, indeed, beef-up America’s generation and delivery network.

 

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Omnidian Acquires Australia's Solar Service Guys to Expand Global Reach

Omnidian Acquisition of Solar Service Guys accelerates global expansion in renewable energy, enhancing solar maintenance and remote monitoring across Australia and the U.S., boosting performance management, uptime, and ROI for residential and commercial systems.

 

Key Points

Omnidian acquired Solar Service Guys to expand in Australia, unifying O&M and monitoring to boost solar performance.

✅ Expands Omnidian into Australia's high-adoption solar market.

✅ Integrates largest Aussie solar service network for O&M scaling.

✅ Enhances remote monitoring, uptime, and ROI for PV owners.

 

In a strategic move aimed at boosting its presence in the global renewable energy market, Seattle-based Omnidian has announced the acquisition of Australia's Solar Service Guys. This acquisition marks a significant step in Omnidian's expansion into Australia, one of the world’s leading solar markets, and is expected to reshape the landscape of solar panel services both in the U.S. renewables market and abroad.

Founded in 2018, Omnidian is a rapidly growing startup that specializes in managing the performance of solar power systems, ensuring they continue to operate efficiently and effectively. The company provides maintenance services for both residential and commercial solar installations, including in Washington where Avista's largest solar array highlights growing scale, and its proprietary software remotely monitors solar systems to identify any performance issues. By quickly addressing these problems, Omnidian helps customers maximize the energy output of their systems, reducing downtime and increasing the return on investment in solar power.

The company’s acquisition of Solar Service Guys, Australia’s largest solar service network, is a clear indication of its ambition to dominate the renewable energy sector globally, amid consolidation trends like TotalEnergies' VSB acquisition across Europe, that signal accelerating scale. The Australian company, which has been operational since 2006, has built a strong reputation for providing high-quality solar panel services across the country. By integrating Solar Service Guys into its operations, Omnidian plans to leverage the Australian company’s deep industry expertise and established network to extend its service offerings into Australia’s solar market.

The acquisition could not come at a better time. Australia, with its vast sun-drenched landscapes, is one of the world’s leaders in solar energy adoption per capita, even as markets like Canada's solar lag persist by comparison. The country has long been at the forefront of renewable energy development, and this acquisition presents a significant opportunity for Omnidian to tap into a booming market where solar power is increasingly seen as a primary energy source.

With the deal now finalized, Solar Service Guys will operate as a fully integrated subsidiary of Omnidian. The merger will not only strengthen Omnidian’s service capabilities but will also enhance its ability to provide comprehensive solutions to solar system owners, ensuring their panels perform at peak efficiency over their lifetime. This is particularly important as solar energy continues to grow in popularity, with more residential and commercial properties opting for solar installations as a means to lower energy costs and reduce their carbon footprints.

The acquisition also underscores the growing importance of solar energy maintenance services. As the adoption of solar panels continues to rise globally, including in Europe where demand for U.S. solar gear is strengthening, the need for ongoing monitoring and maintenance is becoming increasingly vital. Solar energy systems, while relatively low-maintenance, do require periodic checks to ensure they are functioning optimally. Omnidian’s software-based approach to remotely detecting performance issues allows the company to quickly identify and address potential problems before they become costly or result in significant energy loss.

By expanding its reach into Australia, Omnidian can now offer its services to an even broader customer base, positioning itself as a key player in the renewable energy market. The Australian solar market is projected to continue its growth trajectory, with many homeowners and businesses in the country looking to make the switch to solar power in the coming years.

In addition to expanding its geographic footprint, Omnidian’s acquisition of Solar Service Guys aligns with its broader mission to support the global transition to renewable energy. As governments worldwide push for cleaner energy alternatives and new projects like a U.S. clean energy factory accelerate domestic supply chains, companies like Omnidian are playing an essential role in making solar power a more reliable and sustainable option for consumers.

With the backing of Solar Service Guys’ extensive network and experience, Omnidian is poised to deliver even greater value to its customers, as industry transactions like Canadian Solar's plant sale underscore active market realignment. The acquisition will also help the company strengthen its technological capabilities, improve its service offerings, and accelerate its mission to create a more sustainable energy future.

As Omnidian continues to grow, the company’s success will likely serve as a model for other startups in the renewable energy sector. By focusing on performance management, expanding its service offerings, and leveraging cutting-edge technology, Omnidian is well-positioned to lead the way in the next generation of solar energy solutions. The future looks bright for Omnidian, and with this acquisition, it is well on its way to becoming a dominant force in the global solar market.

Omnidian’s acquisition of Solar Service Guys marks a significant milestone in the company’s quest to revolutionize the renewable energy industry. By expanding into Australia and enhancing its service capabilities, Omnidian is not only strengthening its position in the market but also contributing to the global push for cleaner, more sustainable energy solutions. As the world continues to embrace solar power, companies like Omnidian will be essential in ensuring that solar systems operate at peak efficiency, helping customers maximize the benefits of their investment in renewable energy.

 

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Report: Solar ITC Extension Would Be ‘Devastating’ for US Wind Market

Solar ITC Impact on U.S. Wind frames how a 30% solar investment tax credit could undercut wind PTC economics, shift corporate procurement, and, without transmission and storage, slow onshore builds despite offshore wind momentum.

 

Key Points

It is how a solar ITC extension may curb U.S. wind growth absent PTC parity, transmission, storage, and offshore backing.

✅ ITC at 30% risks shifting corporate procurement to solar.

✅ Post-PTC wind faces grid, transmission, and curtailment headwinds.

✅ Offshore wind, storage pairing, TOU demand could offset.

 

The booming U.S. wind industry, amid a wind power surge, faces an uncertain future in the 2020s. Few factors are more important than the fate of the solar ITC.

An extension of the solar investment tax credit (ITC) at its 30 percent value would be “devastating” to the future U.S. wind market, according to a new Wood Mackenzie report.

The U.S. is on track to add a record 14.6 gigawatts of new wind capacity in 2020, despite Covid-19 impacts, and nearly 39 gigawatts during a three-year installation boom from 2019 to 2021, according to Wood Mackenzie’s 2019 North America Wind Power Outlook.

But the market’s trajectory begins to look highly uncertain from the early 2020s onward, and solar is one of the main reasons why.

Since the dawn of the modern American renewables market, the wind and solar sectors have largely been allies on the national stage, benefiting from many of the same favorable government plans and sharing big-picture goals. Until recently, wind and solar companies rarely found themselves in direct competition.

But the picture is changing as solar catches up to wind on cost and the grid penetration of renewables surges. What was once a vague alliance between the two fastest growing renewables technologies could morph into a serious rivalry.

While many project developers are now active in both sectors, including NextEra Energy Resources, Invenergy and EDF, the country’s thriving base of wind manufacturers could face tougher days ahead.

 

The ITC's inherent advantage

At this point, wind remains solar’s bigger sibling in many ways.

The U.S. has nearly 100 gigawatts of installed wind capacity today, compared to around 67 gigawatts of solar. With their substantially higher capacity factors, wind farms generated four times more power for the U.S. grid last year than utility-scale solar plants, for a combined wind-solar share of 8.2 percent, according to government figures, even as renewables are projected to reach one-fourth of U.S. electricity generation. (Distributed PV systems further add to solar’s contribution.)

But it's long been clear that wind would lose its edge at some point. The annual solar market now regularly tops wind. The cost of solar energy is falling more rapidly, and appears to have more runway for further reduction. Solar’s inherent generation pattern is more valuable in many markets, delivering power during peak-demand hours, while the wind often blows strongest at night.

 

And then there’s the matter of the solar ITC.

In 2015, both wind and solar secured historic multi-year extensions to their main federal subsidies. The extensions gave both industries the longest period of policy clarity they’ve ever enjoyed, setting in motion a tidal wave of installations set to crest over the next few years.

Even back in 2015, however, it was clear that solar got the better deal in Washington, D.C.

While the wind production tax credit (PTC) began phasing down for new projects almost immediately, solar developers were given until the end of 2019 to qualify projects for the full ITC.

And critically, while the wind PTC drops to nothing after its sunset, commercially owned solar projects will remain eligible for a 10 percent ITC forever, based on the existing legislation. Over time, that amounts to a huge advantage for solar.

In another twist, the solar industry is now openly fighting for an extension of the 30 percent ITC, while the wind industry seemingly remains cooler on the prospect of pushing for a similar prolongation — having said the current PTC extension would be the last.

 

Plenty of tailwinds, too

Wood Mackenzie's report catalogues multiple factors that could work for or against the wind market in the "uncharted" post-PTC years, many of them, including the Covid-19 crisis, beyond the industry’s direct control.

If things go well, annual installations could bounce back to near-record levels by 2027 after a mid-decade contraction, the report says. But if they go badly, installations could remain depressed at 4 gigawatts or below from 2022 through most of the coming decade, and that includes an anticipated uplift from the offshore market.

An extension of the solar ITC without additional wind support would “severely compound” the wind market’s struggle to rebound in the 2020s, the report says. The already-evident shift in corporate renewables procurement from wind to solar could intensify dramatically.

The other big challenge for wind in the 2020s is the lack of progress on transmission infrastructure that would connect potentially massive low-cost wind farms in interior states with bigger population centers. A hoped-for national infrastructure package that might address the issue has not materialized.

Even so, many in the wind business remain cautiously optimistic about the post-PTC years, with a wind jobs forecast bolstering sentiment, and developers continue to build out longer-term project pipelines.

Turbine technology continues to improve. And an extension of the solar ITC is far from assured.

Other factors that could work in wind’s favor in the years ahead include:

The nascent offshore sector, which despite lingering regulatory uncertainty at the federal level looks set to blossom into a multi-gigawatt annual market by the mid-2020s, in line with an offshore wind forecast that highlights substantial growth potential. Lobbying efforts for an offshore wind ITC extension are gearing up, offering a potential area for cooperation between wind and solar.

The potential linkage of policy support for energy storage to wind projects, building on the current linkage with solar.

Growing electric vehicle sales and a shift toward time-of-use retail electricity billing, which could boost power demand during off-peak hours when wind generation is strong.

The land-use advantages wind farms have over solar in some agricultural regions.

 

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Imported coal volumes up 17% during Apr-Oct as domestic supplies shrink

India Thermal Power Coal Imports surged 17.6% as CEA-monitored plants offset weaker CIL and SCCL supplies, driven by Saubhagya-led electricity demand, regional power deficits, and varied consumption across Uttar Pradesh, Bihar, Maharashtra, and Gujarat.

 

Key Points

Fuel volumes imported for Indian thermal plants, tracked by CEA, reflecting shifts in CIL/SCCL supply, demand, and regional power deficits.

✅ Imports up 17.6% as domestic CIL/SCCL deliveries lag targets

✅ Saubhagya-driven demand lifts generation in key beneficiary states

✅ Industrial slowdowns cut usage in Maharashtra, Tamil Nadu, Gujarat

 

The receipt of imported coal by thermal power plants, where plant load factors have risen, has shot up by 17.6 per cent during April-October. The coal import volumes refer to the power plants monitored by the Central Electricity Authority (CEA), and come amid moves to ration coal supplies as electricity demand surges, a power update report from CARE Ratings showed.

Imports escalated as domestic supplies by Coal India Ltd (CIL) and another state run producer- Singareni Collieries Company Ltd (SCCL) dipped in the period, after earlier shortages that have since eased in later months. Rate of supplies by the two coal companies to the CEA monitored power stations stood at 80.4 per cent, indicating a shortfall of 19.6 per cent against the allocated quantity.

According to the study by CARE Ratings, total coal supplied by CIL and SCCL to the power sector stood at 315.9 million tonnes (mt) during April-October as against 328.5 mt in the comparable period of last fiscal year.

The study noted that growth in power generation during the April-October 2019, with India now the third-largest electricity producer globally, was on account of higher demand from Pradhan Mantri Sahaj Bijli Har Ghar Yojana or Saubhagya Scheme beneficiary states. Providing connection to households in order to achieve 100% per cent electrification has in part helped the sector avert de-growth, as part of efforts to rewire Indian electricity and expand access.

Large states namely Uttar Pradesh, Bihar, Punjab, West Bengal and Rajasthan have recorded over five per cent growth in consumption of power. These states along with Odisha, Madhya Pradesh and Assam accounted for 75 per cent of the beneficiaries under the Saubhagya Scheme (Household Electrification Scheme). The ongoing economic downturn has led to a sharp fall in electricity demand from industrialised states. Maharashtra, which is also the largest power consuming state in India, recorded a decline in consumption of 5.6 per cent.

Other states namely Tamil Nadu, Telangana, Gujarat and Odisha too recorded fall in power consumed, echoing global dips in daily electricity demand seen later during the pandemic. These states house large clusters of mining, automobile, cement and other manufacturing industries, and a decline in these sectors led to fall in demand for power across these states. - The demand-supply gap or power deficit has remained at 0.6 per cent during the April-October 2019. North-East reported 4.8 per cent of power deficit followed by Northern Region at 1.3 per cent. Within Northern Region, Jammu & Kashmir and Uttar Pradesh accounted for 65 per cent and 30 per cent respectively of the regions power supply deficit.

 

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Extensive Disaster Planning at Electric & Gas Utilities Means Lights Will Stay On

Utility Pandemic Preparedness strengthens grid resilience through continuity planning, critical infrastructure protection, DOE-DHS coordination, onsite sequestration, skeleton crews, and deferred maintenance to ensure reliable electric and gas service for commercial and industrial customers.

 

Key Points

Plans that sustain grid operations during outbreaks using staffing limits, access controls, and deferred maintenance.

✅ Deferred maintenance and restricted site access

✅ Onsite sequestering and skeleton crew operations

✅ DOE-DHS coordination and control center staffing

 

Commercial and industrial businesses can rest assured that the current pandemic poses no real threat to our utilities, with the U.S. grid remaining reliable for now, as disaster planning has been key to electric and gas utilities in recent years, writes Forbes. Beginning a decade ago, the utility and energy industries evolved detailed pandemic plans, outlining what to know about the U.S. grid during outbreaks, which include putting off maintenance and routine activities until the worst of the pandemic has passed, restricting site access to essential personnel, and being able to run on a skeleton crew as more and more people become ill, a capability underscored by FPL's massive Irma response when crews faced prolonged outages.

One possible outcome of the current situation is that the US electric industry may require essential staff to live onsite at power plants and control centers, similar to Ontario work-site lockdown plans under consideration, if the outbreak worsens; bedding, food and other supplies are being stockpiled, reflecting local response preparations many utilities practice, Reuters reported. The Great River Energy cooperative, for example, has had a plan to sequester essential staff in place since the H1N1 bird flu crisis in 2009. The cooperative, which runs 10 power plants in Minnesota, says its disaster planning ensured it has enough cots, blankets and other necessities on site to keep staff healthy.

Electricity providers are now taking part in twice-weekly phone calls with officials at the DOE, the Department of Homeland Security, and other agencies, as Ontario demand shifts are monitored, according to the Los Angeles Times. By planning for a variety of worst case scenarios, including weeks-long restorations after major storms, “I have confidence that the sector will be prepared to respond no matter how this evolves,” says Scott Aaronson, VP of security and preparedness for the Edison Electric Institute.

 

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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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