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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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Canadian electricity transmission enables grid resilience, long-distance power trade, and decarbonization by integrating renewables, hydroelectric storage, and HVDC links, providing backup during extreme weather and lowering costs to reach net-zero, clean energy targets.

Key Points

An interprovincial high-voltage grid that shares clean power to deliver reliable, low-cost decarbonization.

✅ Enables resilience by sharing power across weather zones

✅ Integrates renewables with hydro storage via HVDC links

✅ Lowers decarbonization costs through interprovincial trade

As the recent disaster in Texas showed, climate change requires electricity utilities to prepare for extreme events. This “global weirding” is leaving Canadian electricity grids increasingly exposed to harsh weather that leads to more intense storms, higher wind speeds, heatwaves and droughts that can threaten the performance of electricity systems.

The electricity sector must adapt to this changing climate while also playing a central role in mitigating climate change. Greenhouse gas emissions can be reduced a number of ways, but the electricity sector is expected to play a central role in decarbonization, including powering a net-zero grid by 2050 across Canada. Zero-emissions electricity can be used to electrify transportation, heating and industry and help achieve emissions reduction in these sectors.

Enhancing long-distance transmission is viewed as a cost-effective way to enable a clean and reliable power grid, and to lower the cost of meeting our climate targets. Now is the time to strengthen transmission links in Canada, with concepts like a western Canadian electricity grid gaining traction.

Insurance for climate extremes
An early lesson from the Texas power outages is that extreme conditions can lead to failures across all forms of power supply. The state lost the capacity to generate electricity from natural gas, coal, nuclear and wind simultaneously. But it also lacked cross-border transmission to other electricity systems that could have bolstered supply.

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Long-distance transmission offers the opportunity to escape the correlative clutch of extreme weather, by accessing energy and spare capacity in areas not beset by the same weather patterns. For example, while Texas was in its deep freeze, relatively balmy conditions in California meant there was a surplus of electricity generation capability in that region — but no means to get it to Texas. Building new transmission lines and connections across broader regions, including projects like a hydropower line to New York that expand access, can act as an insurance policy, providing a back-up for regions hit by the crippling effects of climate change.

A transmission tower crumpled under the weight of ice.
The 1998 Quebec ice storm left 3.5 million Quebecers and a million Ontarians, as well as thousands in in New Brunswick, without power. CP Photo/Robert Galbraith
Transmission is also vulnerable to climate disruptions, such as crippling ice storms that leave wires temporarily inoperable. This may mean using stronger poles when building transmission, or burying major high-voltage transmission links, or deploying superconducting cables to reduce losses.

In any event, more transmission links between regions can improve resilience by co-ordinating supply across larger regions. Well-connected grids that are larger than the areas disrupted by weather systems can be more resilient to climate extremes.

Lowering the cost of clean power
Adding more transmission can also play a role in mitigating climate change. Numerous studies have found that building a larger transmission grid allows for greater shares of renewables onto the grid, ultimately lowering the overall cost of electricity.

In a recent study, two of us looked at the role transmission could play in lowering greenhouse gas emissions in Canada’s electricity sector. We found the cost of reducing greenhouse gas emissions is lower when new or enhanced transmission links can be built between provinces.

Average cost increase to electricity in Canada at different levels of decarbonization, with new transmission (black) and without new transmission (red). New transmission lowers the cost of reducing greenhouse gas emissions. (Authors), Author provided
Much of the value of transmission in these scenarios comes from linking high-quality wind and solar resources with flexible zero-emission generation that can produce electricity on demand. In Canada, our system is dominated by hydroelectricity, but most of this hydro capacity is located in five provinces: British Columbia, Manitoba, Ontario, Québec and Newfoundland and Labrador.

In the west, Alberta and Saskatchewan are great locations for building low-cost wind and solar farms. Enhanced interprovincial transmission would allow Alberta and Saskatchewan to build more variable wind and solar, with the assurance that they could receive backup power from B.C. and Manitoba when the wind isn’t blowing and the sun isn’t shining.

When wind and solar are plentiful, the flow of low cost energy can reverse to allow B.C. and Manitoba the opportunity to better manage their hydro reservoir levels. Provinces can only benefit from trading with each other if we have the infrastructure to make that trade possible.

A recent working paper examined the role that new transmission links could play in decarbonizing the B.C. and Alberta electricity systems. We again found that enabling greater electricity trade between B.C. and Alberta can reduce the cost of deep cuts to greenhouse gas emissions by billions of dollars a year. Although we focused on the value of the Site C project, in the context of B.C.'s clean energy shift, the analysis showed that new transmission would offer benefits of much greater value than a single hydroelectric project.

The value of enabling new transmission links between Alberta and B.C. as greenhouse gas emissions reductions are pursued. (Authors), Author provided
Getting transmission built
With the benefits that enhanced electricity transmission links can provide, one might think new projects would be a slam dunk. But there are barriers to getting projects built.

First, electricity grids in Canada are managed at the provincial level, most often by Crown corporations. Decisions by the Crowns are influenced not simply by economics, but also by political considerations. If a transmission project enables greater imports of electricity to Saskatchewan from Manitoba, it raises a flag about lost economic development opportunity within Saskatchewan. Successful transmission agreements need to ensure a two-way flow of benefits.

Second, transmission can be expensive. On this front, the Canadian government could open up the purse strings to fund new transmission links between provinces. It has already shown a willingness to do so.

Lastly, transmission lines are long linear projects, not unlike pipelines. Siting transmission lines can be contentious, even when they are delivering zero-emissions electricity. Using infrastructure corridors, such as existing railway right of ways or the proposed Canadian Northern Corridor, could help better facilitate co-operation between regions and reduce the risks of siting transmission lines.

If Canada can address these barriers to transmission, we should find ourselves in an advantageous position, where we are more resilient to climate extremes and have achieved a lower-cost, zero-emissions electricity grid.

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2022 US Renewable Power Milestone highlights EIA data: wind and solar outpaced coal and nuclear, hydropower contributed, with falling levelized costs, grid integration, battery storage, and transmission upgrades shaping affordable, reliable clean power growth.

Key Points

The year US renewables, led by wind and solar, generated more power than coal and nuclear, per EIA.

✅ Wind and solar rose; levelized costs fell 70%-90% over decade

✅ Renewables surpassed coal and nuclear in 2022 per EIA

✅ Grid needs storage and transmission to manage intermittency

Electricity generated from renewables surpassed coal in the United States for the first time in 2022, as wind and solar surpassed coal nationwide, the U.S. Energy Information Administration has announced.

Renewables also surpassed nuclear generation in 2022 after first doing so last year, and wind and solar together generated more electricity than nuclear for the first time in the United States.

Growth in wind and solar significantly drove the increase in renewable energy and contributed 14% of the electricity produced domestically in 2022, with solar producing about 4.7% of U.S. power overall. Hydropower contributed 6%, and biomass and geothermal sources generated less than 1%.

“I’m happy to see we’ve crossed that threshold, but that is only a step in what has to be a very rapid and much cheaper journey,” said Stephen Porder, a professor of ecology and assistant provost for sustainability at Brown University.

California produced 26% of the national utility-scale solar electricity followed by Texas with 16% and North Carolina with 8%.

The most wind generation occurred in Texas, which accounted for 26% of the U.S. total, while wind is now the most-used renewable electricity source nationwide, followed by Iowa (10%) and Oklahoma (9%).

“This booming growth is driven largely by economics,” said Gregory Wetstone, president and CEO of the American Council on Renewable Energy, as renewables became the second-most prevalent U.S. electricity source in 2020 nationwide. “Over the past decade, the levelized cost of wind energy declined by 70 percent, while the levelized cost of solar power has declined by an even more impressive 90 percent.”

“Renewable energy is now the most affordable source of new electricity in much of the country,” added Wetstone.

The Energy Information Administration projected that the wind share of the U.S. electricity generation mix will increase from 11% to 12% from 2022 to 2023 and that solar will grow from 4% to 5% during the period, and renewables hit a record 28% share in April according to recent data. The natural gas share is expected to remain at 39% from 2022 to 2023, and coal is projected to decline from 20% last year to 17% this year.

“Wind and solar are going to be the backbone of the growth in renewables, but whether or not they can provide 100% of the U.S. electricity without backup is something that engineers are debating,” said Brown University’s Porder.

Many decisions lie ahead, he said, as the proportion of renewables that supply the energy grid increases, with renewables projected to soon be one-fourth of U.S. electricity generation over the near term.

This presents challenges for engineers and policy-makers, Porder said, because existing energy grids were built to deliver power from a consistent source. Renewables such as solar and wind generate power intermittently. So battery storage, long-distance transmission and other steps will be needed to help address these challenges, he said.

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US Electricity Demand Outlook examines EIA forecasts, GDP decoupling, energy efficiency, electrification, electric vehicles, grid load growth, and weather variability to frame long term demand trends and utility planning scenarios.

Key Points

An analysis of EIA projections showing demand decoupling from GDP, with EV adoption and efficiency shaping future grid load.

✅ EIA lowers load growth; demand decouples from GDP.

✅ Efficiency and sector shifts depress kWh sales.

✅ EV adoption could revive load and capacity needs.

Electricity producers and distributors are in an unusual business. The product they provide is available to all customers instantaneously, literally at the flip of a switch. But the large amount of equipment, both hardware and software to do this takes years to design, site and install.

From a long range planning perspective, just as important as a good engineering design is an accurate sales projections. For the US electric utility industry the most authoritative electricity demand projec-tions come from the Department of Energy’s Energy Information Administration (EIA). EIA's compre-hensive reports combine econometric analysis with judgment calls on social and economic trends like the adoption rate of new technologies that could affect future electricity demand, things like LED light-ing and battery powered cars, and the rise of renewables overtaking coal in generation.

Before the Great Recession almost a decade ago, the EIA projected annual growth in US electricity production at roughly 1.5 percent per year. After the Great Recession began, the EIA lowered its projections of US electricity consumption growth to below 1 percent. Actual growth has been closer to zero. While the EIA did not antici-pate the last recession or its aftermath, we cannot fault them on that.

After the event, though, the EIA also trimmed its estimates of economic growth. For the 2015-2030 period it now predicts 2.1 percent economic and 0.3 percent electricity growth, down from previously projections of 2.7 percent and 1.3 percent respectively. (See Figures 1 and 2.)

Table 1. EIA electric generation projections by year of forecast (kWh billions)

Table 2. EIA forecast of GDP by year of forecast (billion 2009 $)

Back in 2007, the EIA figured that every one percent increase in economic activity required a 0.48 percent in-crease in electric generation to support it. By 2017, the EIA calculated that a 1 percent growth in economic activity now only required a 0.14 percent increase in electric output. What accounts for such a downgrade or disconnect between electricity usage and economic growth? And what factors might turn the numbers 
around?

First, the US economy lost energy intensive heavy industry like smelting, steel mills and refineries; patterns in China's electricity sector highlight how industrial shifts can reshape power demand. A more service oriented economy (think health care) relies more heavily on the movement of data or information and uses far less power than a manufacturing-oriented economy.

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Second, internet shopping has hurt so-called "brick and mortar" retailers. Despite the departure of heavy industry, in years past a burgeoning US commercial sector increased its demand and usage of electricity to offset the industrial decline. But not anymore. Energy efficiency measures as well as per-haps greater concern about global warming and greenhouse gas emissions and have cut into electricity sales. “Do more with less” has the right ring to it.

But there may be other components to the ongoing decline in electricity usage. Academic studies show that electricity usage seems to increase with income along an S curve, and flattens out after a certain income level. That is, if you earn $1 billion per year you do not (or cannot) use ten times a much electricity as someone earning only $100 million.

But people at typical, middle income levels increase or decrease electricity usage when incomes rise or fall. The squeeze on middle income families was discussed often in the late presidential campaign. In recent decades an increasing percentage of income has gone to a small percentage of the population at the top of the income scale. This trend probably accounts for some weakness in residential sales. This suggests that government policy addressing income inequality would also boost electricity sales.

Population growth affects demand for electricity as well as the economy as a whole. The EIA has made few changes in its projections, showing 0.7 percent per year population growth in 2015- 2030 in both the 2007 and 2017 forecasts. Recent studies, however, have shown a drop in the birth rate to record lows. More troubling, from a national health perspective is that the average age of death may have stopped rising. Those two factors point to lower population growth, especially if the government also restricts immi-gration. Thus, the US may be approaching a period of rather modest population growth.

All of the above factors point to minimal sales growth for electricity producers in the US--perhaps even lower than the seemingly conservative EIA estimates. But the cloud on the horizon has a silver lining in the shape of an electric car. Both the United Kingdom and France have set dates to end of production of automobiles with internal combustion engines. Several European car makers have declared that 20 percent of their output will be electric vehicles by the early 2020s. If we adopt automobiles powered by electricity and not gasoline or diesel, electricity sales would increase by one third. For the power indus-try, electric vehicles represent the next big thing.

We don’t pretend to know how electric car sales will progress. But assume vehicle turnover rates re-main at the current 7 percent per year and electric cars account for 5 percent of sales in the first five years (as op-posed to 1 percent now), 20 percent in the next five years and 50 percent in the third five year period. Wildly optimistic assumptions? Maybe. By 2030, electric cars would constitute 28 percent of the vehicle fleet. They would add about 10 percent to kilowatt hour sales by that date, assuming that battery efficiencies do not improved by then. Those added sales would require increased electric generation output, with low-emissions sources expected to cover almost all the growth globally. They would also raise long term growth rates for 2015-2030 from the present 0.3 percent to 1.0 percent. The slow upturn in demand should give the electric companies time to gear up so to speak.

In the meantime, weather will continue to play a big role in electricity consumption. Record heat-induced demand peaks are being set here in the US even as surging global demand puts power systems under strain worldwide.

Can we discern a pattern in weather conditions 15 years out? Maybe we can, but that is one topic we don’t expect a government agency to tackle in public right now. Meantime, weather will affect sales more than anything else and we cannot predict the weather. Or can we?

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Ontario electricity shortage is looming, RBC and IESO warn, as EV electrification surges, Pickering nuclear faces delays, and gas plants backstop expiring renewables, raising GHG emissions and grid reliability concerns across the province.

Key Points

A projected supply shortfall as demand rises from electrification, expiring contracts, and delayed nuclear capacity.

✅ RBC warns shortages as early as 2026, significant by 2030

✅ IESO sees EV-driven demand; 5,000-15,000 MW by 2035

✅ Gas reliance boosts GHGs; Pickering life extension assessed

In a fit of ideological pique, Doug Ford’s government spent more than $200 million to scrap more than 700 green energy projects soon after winning the 2018 election, amid calls to make clean, affordable power a central issue, portraying them as “unnecessary and expensive energy schemes.”

A year later, then Associate Energy Minister Bill Walker defended the decision, declaring, “Ontario has an adequate supply of power right now.”

Well, life moves fast. At the time, scrapping the renewable energy projects was criticized as short-sighted and wasteful, raising doubts about whether Ontario was embracing clean power in a meaningful way. It seems especially so now as Ontario confronts the reality of being short of electricity in the coming years.

How short? A recent report by RBC calls the situation “urgent,” saying that Canada’s most populous province could face energy shortages as early as 2026. As contracts for non-hydro renewables and gas plants expire, the shortages could be “significant” by 2030, the bank report said, with grid greening costs adding to the challenge.

The Independent Electricity System Operator (IESO), which manages the electrical supply in Ontario, says demand for electricity could rise at rates not seen in many years, as the government moves to add new gas plants to boost capacity. “Economic growth coming out of the pandemic, along with electrification in many sectors, is driving energy use up,” the agency said in a December assessment.

The good news is that demand is being driven, in part, by the transition to “green” power – carbon-emission-free electricity – by sectors such as transportation and manufacturing. That will help reduce emissions. Yet meeting that demand presents some challenges, prompting the province to outline a plan to address growing needs across the system. The shift to electric vehicles alone is expected to cause a spike in demand starting in 2030. By 2035, the province could need an additional 5,000 to 15,000 megawatts of electricity, the IESO estimates.

It was perhaps no surprise then to see the province announce last week that it wants to delay the long-planned closing of the Pickering nuclear plant by a year to 2026, even as others note the station is slated to close as planned. Operations beyond that would require refurbishing the facility. The province said it’s taking a fresh look at whether that would make sense to extend its life by another 30 years.

In the interim, the province will be forced to dramatically ramp up its reliance on natural gas plants for electricity generation – and, as analysts warn, Ontario’s power mix could get dirtier even before new non-emitting capacity is built, and in the process, increase greenhouse gas emissions from the energy grid by 400 per cent. Broader electrification is expected to produce “significant” GHG emissions reductions in Ontario over the next two decades, according to the IESO. Still, it’s working at cross-purposes if your electric car is charged by electricity generated by fossil fuels.

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ERCOT Ancillary Services Clawback and VOLL Pricing summarize PUCT and IMM actions on load shed, real-time pricing adders, clawbacks, and settlement corrections after the 2021 winter storm in the Texas power grid market.

Key Points

Policies addressing clawbacks for unprovided AS and correcting VOLL-based price adders after load shed ended in ERCOT.

✅ PUCT ordered clawbacks for ancillary services not delivered.

✅ IMM urged price correction after firm load shed ceased.

✅ ERCOT's VOLL adder raised costs by $16B during 32 hours.

Potomac Economics, the Independent Market Monitor (IMM) for the Electric Reliability Council of Texas (ERCOT), filed a report with the Public Utility Commission of Texas (PUCT) that certain payments were made by ERCOT for Ancillary Services (AS) that were not provided, even as ERCOT later issued a winter reliability RFP to procure capacity during subsequent seasons.

According to the IMM (emphasis added):

There were a number of instances during the operating days outlined above in which AS was not provided in real time because of forced outages or derations. For market participants that are not able to meet their AS responsibility, typically the ERCOT operator marks the short amount in the software. This causes the AS responsibility to be effectively removed and the day-ahead AS payment to be clawed back in settlement. However, the ERCOT operators did not complete this task during the winter event, echoing issues like the Ontario IESO phantom demand that cost customers millions, and therefore the "failure to provide" settlements were not invoked in real time.

Removing the operator intervention step and automating the "failure to provide" settlement was contemplated in NPRR947: Clarification to Ancillary Service Supply Responsibility Definition and Improvements to Determining and Charging for Ancillary Service Failed Quantities; however, the NPRR was withdrawn in August 2020 amid ongoing market reform discussions because of the system cost, some complexities related to AS trades, and the implementation of real-time co-optimization.

Invoking the "failure to provide" settlement for all AS that market participants failed to provide during the operating days outlined above will produce market outcomes and settlements consistent with underlying market principles. In this case, the principle is that market participants should not be paid for services that they do not provide, even as a separate ruling found power plants exempt from providing electricity in emergencies under Texas law, underscoring the distinction between obligations and settlements. Whether ERCOT marked the short amount in real-time or not should not affect the settlement of these ancillary services.

On March 3, 2021, the PUCT ordered (a related press release is here) that:

ERCOT shall claw back all payments for ancillary service that were made to an entity that did not provide its required ancillary service during real time on ERCOT operating days starting February 14, 2021 and ending on February 19,2021.

On March 4, 2021, the IMM filed another report and recommended that:

the [PUCT] direct ERCOT to correct the real-time prices from 0:00 February 18,2021, to 09:00 February 19, 2021, to remove the inappropriate pricing intervention that occurred during that time period.

The IMM approvingly noted the PUCT's February 15, 2021 order, which mandated that real-time energy prices reflect firm load shed by setting prices at the value of lost load (VOLL).1

According to the IMM (emphasis added):

This is essential in an energy-only market, like ERCOT's, where the Texas power grid faces recurring crisis risks, because it provides efficient economic signals to increase the electric generation needed to restore the load and service it reliably over the long term.

Conversely, it is equally important that prices not reflect VOLL when the system is not in shortage and load is being served, and experiences in capacity markets show auction payouts can fall sharply under different conditions. The Commission recognized this principle in its Order, expressly stating it is only ERCOT's out-of-market shedding firm load that is required to be reflected in prices. Unfortunately, ERCOT exceeded the mandate of the Commission by continuing to set process at VOLL long after it ceased the firm load shed.

ERCOT recalled the last of the firm load shed instructions at 23:55 on February 17, 2021. Therefore, in order to comply with the Commission Order, the pricing intervention that raised prices to VOLL should have ended immediately at that time. However, ERCOT continued to hold prices at VOLL by inflating the Real-Time On-Line Reliability Deployment Price Adder for an additional 32 hours through the morning of February 19. This decision resulted in $16 billion in additional costs to ERCOT's market, prompting legislative bailout proposals in Austin, of which roughly $1.5 billion was uplifted to load-serving entities to provide make-whole payments to generators for energy that was not needed or produced.

However, at its March 5, 2021, open meeting (related discussion begins around minute 20), although the PUCT acknowledged the "good points" raised by the IMM, the PUCT was not willing to retrospectively adjust its real-time pricing for this period out of concerns that some related transactions (ICE futures and others) may have already settled and for unintended consequences of such retroactive adjustments.  

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