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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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Nuclear fusion breakthrough signals progress toward clean energy as NIF lasers near ignition and net energy gain, while tokamak designs like ITER advance magnetic confinement, plasma stability, and self-sustaining chain reactions for commercial reactors.

Key Points

A milestone as lab fusion nears ignition and net gain, indicating clean energy via lasers and tokamak confinement.

✅ NIF laser shot approached ignition and triggered self-heating

✅ Tokamak path advances with ITER and stronger magnetic confinement

✅ Net energy gain remains the critical milestone for power plants

Just 100 years ago, when English mathematician and astronomer Arthur Eddington suggested that the stars power themselves through a process of merging atoms to create energy, heat, and light, the idea was an unthinkable novelty. Now, in 2021, we’re getting remarkably close to recreating the process of nuclear fusion here on Earth. Over the last century, scientists have been steadily chasing commercial nuclear fusion, ‘the holy grail of clean energy.’ The first direct demonstration of fusion in a lab took place just 12 years after it was conceptualized, at Cambridge University in 1932, followed by the world’s first attempt to build a fusion reactor in 1938. In 1950, Soviet scientists Andrei Sakharov and Igor Tamm propelled the pursuit forward with their development of the tokamak, a fusion device involving massive magnets which is still at the heart of many major fusion pursuits today, including the world’s biggest nuclear fusion experiment ITER in France.

Since that breakthrough, scientists have been getting closer and closer to achieving nuclear fusion. While fusion has indeed been achieved in labs throughout this timeline, it has always required far more energy than it emits, defeating the purpose of the commercial fusion initiative, and elsewhere in nuclear a new U.S. reactor start-up highlights ongoing progress. If unlocked, commercial nuclear fusion would change life as we know it. It would provide an infinite source of clean energy requiring no fossil fuels and leaving behind no hazardous waste products, and many analysts argue that net-zero emissions may be out of reach without nuclear power, underscoring fusion’s promise.

Nuclear fission, the process which powers all of our nuclear energy production now, including next-gen nuclear designs in development, requires the use of radioactive isotopes to achieve the splitting of atoms, and leaves behind waste products which remain hazardous to human and ecological health for up to tens of thousands of years. Not only does nuclear fusion leave nothing behind, it is many times more powerful. Yet, it has remained elusive despite decades of attempts and considerable investment and collaboration from both public and private entities, such as the Gates-backed mini-reactor concept, around the world.

But just this month there was an incredible breakthrough that may indicate that we are getting close. “For an almost imperceptible fraction of a second on Aug. 8, massive lasers at a government facility in Northern California re-created the power of the sun in a tiny hot spot no wider than a human hair,” CNET reported in August. This breakthrough occurred at the National Ignition Facility, where scientists used lasers to set off a fusion reaction that emitted a stunning 10 quadrillion watts of power. Although the experiment lasted for just 100 trillionths of a second, the amount of energy it produced was equal to about “6% of the total energy of all the sunshine striking Earth’s surface at any given moment.”

“This phenomenal breakthrough brings us tantalizingly close to a demonstration of ‘net energy gain’ from fusion reactions — just when the planet needs it,” said Arthur Turrell, physicist and nuclear fusion expert. What’s more, scientists and experts are hopeful that the rate of fusion breakthroughs will continue to speed up, as interest in atomic energy is heating up again across markets, and commercial nuclear fusion could be achieved sooner than ever seemed possible before. At a time when it has never been more important or more urgent to find a powerful and affordable means of producing clean energy, and as policies like the U.K.’s green industrial revolution guide the next waves of reactors, commercial nuclear fusion can’t come fast enough.

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Maine Hydropower Transmission Line revived by high court after referendum challenge, advancing NECEC, Hydro-Quebec supply, Central Maine Power partnership, clean energy integration, grid reliability, and lower rates across New England pending land-lease ruling.

Key Points

A court-revived NECEC line delivering 1,200 MW of Hydro-Quebec hydropower via CMP to strengthen the New England grid.

✅ Maine high court deems retroactive referendum unconstitutional

✅ Pending state land lease case may affect final route

✅ Project could lower rates and cut emissions in New England

Maine's highest court on Tuesday breathed new life into a $1-billion US transmission line that aims to serve as conduit for Canadian hydropower, after construction starts drew scrutiny, ruling that a statewide vote rebuking the project was unconstitutional.

The Supreme Judicial Court ruled that the retroactive nature of the referendum last year violated the project developer's constitutional rights, sending it back to a lower court for further proceedings.

The court did not rule in a separate case that focuses on a lease for a 1.6-kilometre portion of the proposed power line that crosses state land.

Central Maine Power's parent company and Hydro-Québec teamed up on the project that would supply up to 1,200 megawatts of Canadian hydropower, amid the ongoing Maine-Quebec corridor debate in the region. That's enough electricity for one million homes.

Most of the proposed 233-kilometre power transmission line would be built along existing corridors, but a new 85-kilometre section was needed to reach the Canadian border, echoing debates around the Northern Pass clash in New Hampshire.

Workers were already clearing trees and setting poles when the governor asked for work to be suspended after the referendum in November 2021, mirroring New Hampshire's earlier rejection of a Quebec-Massachusetts proposal that rerouted regional plans. The Maine Department of Environmental Protection later suspended its permit, but that could be reversed depending on the outcome of legal proceedings.

The high court was asked to weigh in on two separate lawsuits. Developers sought to declare the referendum unconstitutional while another lawsuit focused on a lease allowing transmission lines to cross a short segment of state-owned land.

Supporters say bold projects such as this one, funded by ratepayers in Massachusetts, are necessary to battle climate change and introduce additional electricity into a region that's heavily reliant on natural gas, which can cause spikes in energy costs, as seen with Nova Scotia rate increases recently across the Atlantic region.

Critics say the project's environmental benefits are overstated — and that it would harm the woodlands in western Maine.

It was the second time the Supreme Judicial Court was asked to weigh in on a referendum aimed at killing the project. The first referendum proposal never made it onto the ballot after the court raised constitutional concerns.

Although the project is funded by Massachusetts ratepayers, the introduction of so much electricity to the grid would serve to stabilize or reduce electricity rates for all consumers, proponents contend, even as Manitoba Hydro rate hikes face opposition elsewhere.

The referendum on the project was the costliest in Maine history, topping $90 million US and underscoring deep divisions.

The high-stakes campaign put environmental and conservation groups at odds, and pitted utilities backing the project, amid the Hydro One-Avista backlash, against operators of fossil fuel-powered plants that stand to lose money.

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German Energy Price Brakes harness price signals in a market-based policy, cutting gas consumption, preserving industrial output, and supporting CO2 reduction, showcasing Germany's resilience and adaptation while protecting households and businesses across Europe.

Key Points

Fixed-amount subsidies preserving price signals to curb gas use, shield consumers, and sustain industrial output.

✅ Maintains incentives via market-based price signals

✅ Cuts gas consumption without distorting EU markets

✅ Protects households and industry while curbing CO2

German industry and society are once again proving much more resilient and adaptable than certain people feared. Horror scenarios of a dangerous energy rationing or a massive slump in our economy have often been bandied about. But we are nowhere near that. With a challenging year just behind us, this is good news — not only for Germany, but also for Europe, where France-Germany energy cooperation has strengthened solidarity.

Companies and households reacted swiftly to the sharp increases in energy prices, in line with momentum in the global energy transition seen across markets. They installed more efficient heating or production facilities, switched to alternatives and imported intermediate products. The results are encouraging: German households and businesses have reduced gas consumption significantly, despite recent cold weather. From the start of the war in Ukraine to mid-December industrial gas consumption in Germany was (temperature-adjusted) around 20 per cent lower than the average level for the preceding three years. Even if some firms have cut back production, especially in energy-intensive sectors, industrial output as a whole has only fallen by about 1 per cent since the start of 2022. Added to this, in a survey released by the Ifo institute in November, over a third of German companies saw the potential to reduce gas consumption further without endangering output.

Instead of imposing excessive laws and regulations, we have relied on price signals and the prudence of market participants to create the right incentives and reduce gas consumption, as falling costs like record-low solar power prices continue to reinforce those signals across sectors.

We will follow this approach in coming months, when energy savings will remain important, even as the EU electricity outlook anticipates sharply higher demand by 2050. Our latest relief measures will not distort price signals. To this end, the Bundestag approved gas and electricity price brakes in its final session in 2022. They are designed to function without any intervention in markets or prices. This system will pay out a fixed amount relative to previous years’ consumption and the current difference to a reference price — regardless of current consumption.

Energy price brakes are the main component of Germany’s “protective shield”, which makes up to €200bn available for measures in 2022 to 2024. Seen in relation to the German economy’s size, its past heavy reliance on Russian energy imports and the fact that the measures will expire in 2024, these are balanced and expedient mechanisms. In contrast to instruments used in other countries, our new arrangements will not affect the price formation process driven by supply and demand, or on incentives to save gas. Companies and households will continue to save the full market price when they reduce consumption by a unit of gas or electricity. In this way, the price brakes also avoid the creation of additional demand for gas at the expense of consumers in other European countries, even as Europe’s Big Oil turning electric signals broader structural shifts in energy markets. No one need fear that competition will be distorted or that gas will be bought up. Indeed, a recent IMF working paper on cushioning the impact of high energy prices on households explicitly praises the German energy price brakes.

Current developments confirm the effectiveness of a market-based approach — and show that we should also rely on price signals when it comes to reducing CO₂ emissions, as suggested by IEA CO2 trends in recent years. Last year, households and companies had only a few weeks to adapt, yet we have already seen a strong response. The effect of CO₂ prices can be even stronger, as adaptation is possible over a much longer time and they additionally affect expectations and long-term decisions. Regulatory interventions and subsidy schemes, even if well targeted, cannot compete with market co-ordination and incentives that support individual decision-making and promote innovation.

Europe and Germany can weather this crisis without a collapse in industrial production. We also have an opportunity to deal efficiently with the move to climate neutrality, aligned with Germany’s hydrogen strategy for imported low-carbon fuels. In both cases, we should have confidence in price signals as well as in the power of people and business to innovate and adapt.

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Texas Proposition 7 Energy Fund will finance ERCOT grid reliability via loans and grants for new on-demand natural gas plants, maintenance, and modernization, administered by the Public Utility Commission of Texas after Winter Storm Uri.

Key Points

State-managed fund providing loans and grants to expand and upgrade ERCOT power generation for grid reliability.

✅ $7.2B incentives for new dispatchable plants in ERCOT

✅ Administered by Public Utility Commission of Texas

✅ Aims to prevent outages like Winter Storm Uri

Texans are set to vote on Tuesday on a constitutional amendment to determine whether the state will create a special fund for financing the "construction, maintenance, and modernization of its electric generating facilities."

The energy fund would be administered and used only by the Public Utility Commission of Texas to provide loans and grants to maintain and upgrade electric generating facilities and improve electricity reliability across the state.

The biggest chunk of the fund, $7.2 billion, would go into loans and incentives to build new power-generating facilities in the ERCOT (Electric Reliability Council of Texas) region, where ERCOT has issued an RFP for winter capacity to address seasonal concerns.

The proposal, titled Proposition 7, is one of several electricity market reforms under consideration by lawmakers and regulators in Texas to avoid another energy crisis like the one caused by a deadly winter storm in February 2021.

That storm, known as Winter Storm Uri, left millions without power, water and heat for days as ERCOT struggled to prevent a grid collapse after the shutdown of an unusually large amount of generation, and bailout proposals soon surfaced in the Legislature as the market reeled.

Pablo Vegas, president and CEO of ERCOT, emphasized the grid has become more “volatile” given the current resources, as the Texas power grid faces recurring challenges.

“The complexities of managing a growing demand, and a very dynamic load environment with those types of resources becomes more and more challenging,” Vegas said Tuesday during a meeting of the ERCOT board of directors.

Vegas said one solution to overcome the challenge is investing in power production that is available on demand, like power plants fueled by natural gas. Those plants can help during times when the need for electricity strains the supply.

“With the passing of Proposition 7 on the ballot this November, we’ll see those incentives combined to incentivize a more balanced development strategy going forward,” Vegas told board members.

If Proposition 7 is passed by voters, it would enact S.B. 2627, which establishes an advisory committee to oversee the fund and the various projects it could be used for, amid severe-heat blackout risks that affect the broader U.S. $5 billion would be transferred from the General Revenue Fund to the Texas Energy Fund if Proposition 7 passes.

Opposition for Proposition 7 comes from the Lone Star chapter of the Sierra Club, an environmental organization based in Austin and which has issued a statement on Gov. Abbott's demands regarding grid policy. Cyrus Reed, conservation director of the Lone Star chapter, said the Texas energy fund is slated to benefit private utilities to build gas plants using taxpayer’s money.

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Ontario Nuclear Refurbishment Economic Impact powers growth as Bruce Power's MCR and OPG's Darlington unit 2 refurbishment drive jobs, supply-chain spending, medical isotopes, clean baseload power, and lower GHG emissions across Ontario and Canada.

Key Points

It is the measured gains from Bruce Power's MCR and OPG's Darlington refurbishment in jobs, taxes, and clean energy.

✅ CAD7.6B-10.6B impact in Ontario; CAD8.1B-11.6B nationwide.

✅ Supports 60% nuclear supply, jobs, and medical isotopes.

✅ MCR and Darlington cut GHGs, drive innovation and supply chains.

The 13-year Major Component Replacement (MCR) project being undertaken as part of Bruce Power's life-extension programme, which officially began with a reactor taken offline earlier this year, will inject billions of dollars into Ontario's economy, a new report has found. Meanwhile, the major project to refurbish Darlington unit 2 remains on track for completion in 2020, Ontario Power Generation (OPG) has announced.

The Ontario Chamber of Commerce (OCC) said its report, Major Component Replacement Project Economic Impact Analysis, outlines an impartial assessment of the MCR programme and related manufacturing contracts across the supply chain. The report was commissioned by Bruce Power.

"Our analysis shows that Bruce Power's MCR project is a fundamental contributor to the Ontario economy. More broadly, the life-extension of the Bruce Power facility will provide quality jobs for Ontarians, produce a stable supply of medical isotopes for the world's healthcare system, and deliver economic benefit through direct and indirect spending," OCC President and CEO Rocco Rossi said."As Ontario's energy demand grows, nuclear truly is the best option to meet those demands with reduced GHG [greenhouse gas] emissions. The Bruce Power MCR Project will not only drive economic growth in the region, it will position Ontario as a global leader in nuclear innovation and expertise."

According to the OCC's economic analysis, the MCR's economic impact on Ontario is estimated to be between CAD7.6 billion (USD5.6 billion) and CAD10.6 billion. Nationally, its economic impact is estimated to be between CAD8.1 billion and CAD11.6 billion. It estimates that the federal government will receive CAD144 million in excise tax and CAD1.2 billion in income tax, while the provincial government will receive CAD300 million and CAD437 million. Ontario’s municipal governments are estimated to receive a collective CAD192 million in tax.

The nuclear industry currently provides 60% of Ontario’s daily energy supply needs, with Pickering life extension plans bolstering system reliability, and is made up of over 200 companies and more than 60,000 jobs across a diversity of sectors such as operations, manufacturing, skilled trades, healthcare, and research and innovation, the report notes.

Greg Rickford, Ontario's minister of Energy, Northern Development and Mines, and minister of Indigenous Affairs, said continued use of the Bruce generating station which recently set an operating record would create jobs and advance Ontario’s nuclear industrial sector. "It is great to see projects like the MCR that help make Ontario the best place to invest, do business and find a job," he said.

The MCR is part of Bruce Power's overall life-extension programme, which started in January 2016. Bruce 6 will be the first of the six Candu units to undergo an MCR which will take 46 months to complete and give the unit a further 30-35 years of operational life. The total cost of refurbishing Bruce units 3-8 is estimated at about CAD8 billion, in addition to CAD5 billion on other activities under the life-extension programme, which is scheduled for completion by 2053.

Darlington milestones

OPG's long-term refurbishment programme at Darlington, alongside SMR plans for the site announced by the province, began with unit 2 in 2016 after years of detailed planning and preparation. Reassembly of the reactor, which was disassembled last year, is scheduled for completion this spring, and the unit 2 refurbishment project remains on track for completion in early 2020. At the same time, final preparations are under way for the start of the refurbishment of unit 3.

"We've entered a critical phase on the project," Senior Vice President of Nuclear Refurbishment Mike Allen said. "OPG and our project partners continue to work as an integrated team to meet our commitments on Unit 2 and our other three reactors at Darlington Nuclear Generating Station."

A 350-tonne generator stator manufactured by GE in Poland is currently in transit to Canada, where it will be installed in Darlington 3's turbine hall as the province also breaks ground on its first SMR this year.

The 10-year Darlington refurbishment is due to be completed in 2026, while the province plans to refurbish Pickering B to extend output beyond that date.

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