EPA Accused of Flouting Supreme Court

By Omaha World-Herald


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The government proposed a pollution standard for power plants Wednesday that critics said flouts the spirit of a Supreme Court ruling on clean air enforcement.

The proposal would make it easier for utilities to expand plant operations or make other changes to produce more electricity without installing new pollution controls.

Critics said the Environmental Protection Agency was ignoring the justices' ruling that said a lower court erred when it sided with a coal-burning utility in seeking a similar standard.

But the EPA's assistant administrator, Bill Wehrum, said the proposal was not in conflict with the recent decision. He said that ruling dealt with the interpretation of earlier rules, not the validity of a new standard.

"It's apples and oranges," Wehrum said in a telephone interview. "We clearly have the authority" to issue the new standard, he added, which revises one proposed a year and a half ago.

The proposal would allow the use of average hourly smokestack emissions when determining whether a plant's expansion or efficiency improvements require additional pollution controls. The EPA hopes to make the proposal final before year's end.

Opponents of the hourly standard recently argued before the Supreme Court that this standard lets a plant put more smog-causing chemicals and other pollution into the air, even if hourly releases do not increase.

Environmentalists long have contended the EPA should continue using annual emissions to determine whether new pollution controls are needed under the Clean Air Act.

While not ruling directly on the legality of hourly standard, the Supreme Court said a lower court erred when it sided with Duke Energy Co. in the utility's challenge to the use of the annual standard in an enforcement case.

Duke Energy argued for the use of an hourly standard - similar to the one the EPA is proposing.

"EPA is ignoring both the Supreme Court and basic science," said Vickie Patton, a lawyer for Environmental Defense, the winning party in the Duke Energy case.

Frank O'Donnell, president of the nonprofit Clean Air Watch, accused the EPA of "thumbing its nose at the court" by pressing ahead with the hourly emissions standard. "They're going to let power plants pollute more," O'Donnell said.

Wehrum said the proposal is intended to allow power plants to produce more electricity by eliminating regulatory barriers to efficiency. He said the EPA has examined the environmental impact of the proposed rule and determined "essentially there's no effect on the environment."

"There should be little if any effects on the level of environmental protection provided by this program," he said.

Duke Energy and other power companies have said the EPA, beginning during the Clinton administration, interpreted the Clean Air Act in such a way that it has stifled needed expansions and efficiency improvements.

Environmentalists say any major changes in a plant's operation should be accompanied by steps to capture the additional pollution that may result.

Scott Segal, director of the Electric Reliability Coordinating Council which represents power companies, said the EPA proposal "allows us to make efficiency improvements that reduce carbon emissions" and help address global warming.

Segal took issue with suggestions the EPA was circumventing the Supreme Court's action in the Duke Energy case. He said the court emphasized that the EPA should have considerable deference in issuing clean air regulations.

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Russia Builds Power Lines to Reactivate Zaporizhzhia Plant

Zaporizhzhia Nuclear Plant Restart signals new high-voltage transmission lines to Mariupol, Rosatom grid integration, and IAEA-monitored safety amid occupied territory risks, cooling system shortfalls after the Kakhovka dam collapse, and disputed international law.

 

Key Points

A Russian plan to reconnect and possibly restart ZNPP via power lines, despite IAEA safety, cooling, and legal risks.

✅ 80 km high-voltage link toward Mariupol confirmed by imagery

✅ IAEA warns of safety risks and militarization at the site

✅ Cooling capacity limited after Kakhovka dam destruction

 

Russia is actively constructing new power lines to facilitate the restart of the Zaporizhzhia Nuclear Power Plant (ZNPP), Europe's largest nuclear facility, which it seized from Ukraine in 2022. Satellite imagery analyzed by Greenpeace indicates the construction of approximately 80 kilometers (50 miles) of high-voltage transmission lines and pylons connecting the plant to the Russian-controlled port city of Mariupol. This development marks the first tangible evidence of Russia's plan to reintegrate the plant into its energy infrastructure.

Strategic Importance of Zaporizhzhia Nuclear Power Plant

The ZNPP, located on the eastern bank of the Dnipro River in Enerhodar, was a significant asset in Ukraine's energy sector before its occupation. Prior to the war, the plant was connected to Ukraine's national grid, which later saw resumed electricity exports, via four 750-kilovolt lines, two of which passed through Ukrainian-controlled territory and two through areas under Russian control. The ongoing conflict has damaged these lines, complicating efforts to restore the plant's operations.

In March 2022, Russian forces captured the plant, and by 2023, all six of its reactors had been shut down. Despite this, Russian authorities have expressed intentions to restart the facility. Rosatom, Russia's state nuclear corporation, has identified replacing the power grid as one of the critical steps necessary for resuming operations, even as Ukraine pursues more resilient wind power to bolster its energy mix.

Environmental and Safety Concerns

The construction of new power lines and the potential restart of the ZNPP have raised significant environmental and safety concerns, as the IAEA has warned of nuclear risks from grid attacks in recent assessments. Greenpeace has reported that the plant's cooling system has been compromised due to the destruction of the Kakhovka Reservoir dam in 2023, which previously supplied cooling water to the plant. Currently, the plant relies on wells for cooling, which are insufficient for full-scale operations.

Additionally, the International Atomic Energy Agency (IAEA) has expressed concerns about the militarization of the plant. Reports indicate that Russian forces have established defensive positions and trenches around the facility, with mines found at ZNPP by UN inspectors, raising the risk of accidents and complicating efforts to ensure the plant's safety.

International Reactions and Legal Implications

Ukraine and the international community have condemned Russia's actions as violations of international law and Ukrainian sovereignty. Ukrainian officials have argued that the construction of power lines and the potential restart of the ZNPP constitute illegal activities in occupied territory. The IAEA has called for a ceasefire to allow for necessary safety improvements and to facilitate inspections of the plant, as a possible agreement on power plant attacks could underpin de-escalation efforts.

The United States has also expressed concerns, with President Donald Trump reportedly proposing the inclusion of the ZNPP in peace negotiations, which sparked controversy among Ukrainian and international observers, even suggesting the possibility of transferring control to American companies. However, Russia has rejected such proposals, reaffirming its intention to maintain control over the facility.

The construction of new power lines to the Zaporizhzhia Nuclear Power Plant signifies Russia's commitment to reintegrating the facility into its energy infrastructure. However, this move raises significant environmental, safety, and legal concerns, and a proposal to control Ukraine's nuclear plants remains controversial among stakeholders. The international community continues to monitor the situation closely, urging for adherence to international laws and standards to prevent potential nuclear risks.

 

 

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TransAlta brings online 119 MW of wind power in US

TransAlta Renewables US wind farms achieved commercial operation, adding 119 MW of wind energy capacity in Pennsylvania and New Hampshire, backed by PPAs with Microsoft, Partners Healthcare, and NHEC, and supported by tax equity financing.

 

Key Points

Two US wind projects totaling 119 MW, now online under PPAs and supported by tax equity financing.

✅ 119 MW online in Pennsylvania and New Hampshire

✅ PPAs with Microsoft, Partners Healthcare, and NHEC

✅ About USD 126 million raised via tax equity

 

TransAlta Renewables Inc says two US wind farms, with a total capacity of 119 MW and operated by its parent TransAlta Corp, became operational in December, amid broader build-outs such as Enel's 450-MW U.S. project coming online and, in Canada, Acciona's 280-MW Alberta wind farm advancing as well.

The 90-MW Big Level wind park in Pennsylvania started commercial operation on December 19. It sells power to technology giant Microsoft Corporation under a 15-year contract, reflecting big-tech procurement alongside Amazon's clean energy projects in multiple markets.

The 29-MW Antrim wind facility in New Hampshire is operational since December 24. It is selling power under 20-year contracts with Boston-based non-profit hospital and physicians network Partners Healthcare and New Hampshire Electric Co-op, mirroring East Coast activity at Amazon Wind Farm US East now fully operational.

The Canadian renewable power producer, which has economic interest in the two wind parks, said that upon their reaching commercial operations, it raised about USD 126 million (EUR 113m) of tax equity to partially fund the projects, as mega-deployments like Invenergy and GE's record North American project and capital plans such as a $200 million Alberta build by a Buffett-linked company underscore financing momentum.

"We continue to pursue additional growth opportunities, including potential drop-down transactions with TransAlta Corp," TransAlta Renewables president John Kousinioris commented.

The comment comes as TransAlta scrapped an Alberta wind project amid Alberta policy shifts.

 

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Texas Utilities back out of deal to create smart home electricity networks

Smart Meter Texas real-time pricing faces rollback as utilities limit on-demand reads, impacting demand response, home area networks, ERCOT wholesale tracking, and thermostat automation, reducing efficiency gains promised through deregulation and smart meter investments.

 

Key Points

A plan linking smart meters to ERCOT prices, enabling near real-time usage alignment and automated demand response.

✅ Twice-hourly reads miss 15-minute ERCOT price spikes.

✅ Less than 1% of 7.3M meters use HAN real-time features.

✅ Limits hinder automation for HVAC, EV charging, and pool pumps.

 

Utilities made a promise several years ago when they built Smart Meter Texas that they’d come up with a way for consumers to monitor their electricity use in real time. But now they’re backing out of the deal with the approval of state regulators, leaving in the lurch retail power companies that are building their business model on the promise of real time pricing and denying consumers another option for managing their electricity costs.

Texas utilities collected higher rates to finance the building of a statewide smart meter network that would allow customers to track their electricity use and the quickly changing prices on wholesale power markets almost as they happened. Some retailers are building electricity plans around this promise, providing customers with in-home devices that would eventually track pricing minute-by-minute and allow them to automatically turn down or shut off air conditioners, pool pumps and energy sucking appliances when prices spiked on hot summer afternoons and turn them back on when they prices fell again.

The idea is to help save consumers money by allowing them to shift their electricity consumption to periods when power is cheaper, typically nights and weekends, even as utility revenue in a free-power era remains a debated topic.

“We’re throwing away a large part of (what) ratepayers paid for,” said John Werner, CEO of GridPlus Texas, one of the companies offering consumers a real-time pricing plan that is scheduled to begin testing next month. “They made the smart meters dumb meters.”

When Smart Meter Texas was launched a decade ago by a consortium of the state’s biggest utilities, it was considered an important part of deregulation. The competitive market for electricity held the promise that consumers would eventually have the technology to control their electricity use through a home area network and cut their power bills.

Regulators and legislators also were enticed by the possibility of making the electric system more efficient and relieving pressure on the power grid as consumers responded to high prices and cut consumption when temperatures soared, with ongoing discussions about Texas grid reliability informing policy choices.

One study found that smart meters coupled with smart real time consumption monitors could reduce electricity use between 3 percent and 5 percent, according to Call Me Power, a website sponsored by the European electricity price shopping service Selectra.

But utilities complained that the home area network devices were expensive to install and not used very often, and, with flat electricity demand weighing on growth, they questioned further investment. CenterPoint manager Esther Floyd Kent filed an affidavit with the commission in May that it costs the utility about $30,000 annually to support the network devices, plus maintenance.

Over a six-year period, CenterPoint paid $124,500, or about $20,000 a year, to maintain the system. As of April, there were only 4,067 network devices in CenterPoint’s service area, meaning the utility pays about $30.70 each year to maintain each device.

Centerpoint last year generated $9.6 billion in revenues and earned a $1.8 billion profit, according to its financial filings. CenterPoint officials did not respond to requests for comment.

Other utilities that are part of the Smart Meter consortium also complained to the Public Utility Commission that, up to now, the system hasn’t developed. All told, Texas has 7.3 million meters connected to Smart Meter Texas, but less than 1 percent are using the networking functions to track real-time prices and consumption, according to the testimony of Donny R. Helm, director of technology strategy and architecture for the state’s largest utility Oncor Electric Delivery Co. in Dallas.

The isssue was resolved recently through a settlement agreement that limits on-demand readings to twice an hour that Smart Meter Texas must provide customers. The price of power changes every 15 minutes, so a twice an hour reading may miss some price spikes.

The Public Utility Commission signed off on the deal, and so did several other groups including several retail electricity providers and the Office of Public Utility Counsel which represents residential customers and small businesses.

Michele Gregg, spokeswoman for the Public Utility Counsel, testified in December that the consumer advocate supported the change because widespread use of the networks never materialized. Catherine Webking, an Austin lawyer who represents the Texas Energy Association for Marketers, a group of retail electric providers, said she believes the deal was a reasonable resolution of providing the benefits of Smart Meter Texas while not incurring too much cost.

But Griddy, an electricity provider that offers customers the opportunity to pay wholesale power prices, which also issued a plea to customers during a price surge, said the state hasn’t given the smart-meter networks a chance and could miss out on its potential. Griddy was counting on the continued adoption of real time pricing as the next step for customers wanting to control their electricity costs.

Right now, Griddy sends out price alerts from the grid operator Electric Reliability Council of Texas so businesses like hotels can run washers and dryers when electricity prices are cheapest. But the company was counting on a smart-meter program that would allow customers to track wholesale prices and manage consumption themselves, making Griddy’s offerings attractive to more people.

Wholesale prices are generally cheaper than retail prices, but they can fluctuate widely, especially when the Texas power grid faces another crisis during extreme weather. Last year, wholesale prices averaged less than 3 cents per kilowatt hour, much lower than than retail rates that now are running above 11 cents, but they can spike at times of high demand to as much as $9 a kilowatt hour.

What customers want is to be able to use energy when it’s cheapest, said Greg Craig, Griddy’s CEO, and they want to do it automatically. They want to be able to program their thermostat so that if the price rises they can shut off their air conditioning and if the price falls, they can charge their electric-powered vehicle.

Griddy customers may still save money even without real time data, he said. But they won’t be able to see their usage in real time or see how much they’re spending.

“The big utilities have big investments in the existing way and going to real time and more transparency isn’t really in their best interest,” said Craig.

 

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Solar Now ‘cheaper Than Grid Electricity’ In Every Chinese City, Study Finds

China Solar Grid Parity signals unsubsidized industrial and commercial PV, rooftop solar, and feed-in tariff guarantees competing with grid electricity and coal power prices, driven by cost declines, policy reform, and technology advances.

 

Key Points

Point where PV in China meets or beats grid electricity, enabling unsubsidized industrial and commercial solar.

✅ City-level analysis shows cheaper PV than grid in 344 cities.

✅ 22% can beat coal power prices without subsidies.

✅ Soft-cost, permitting, and finance reforms speed uptake.

 

Solar power has become cheaper than grid electricity across China, a development that could boost the prospects of industrial and commercial solar, according to a new study.

Projects in every city analysed by the researchers could be built today without subsidy, at lower prices than those supplied by the grid, and around a fifth could also compete with the nation’s coal electricity prices.

They say grid parity – the “tipping point” at which solar generation costs the same as electricity from the grid – represents a key stage in the expansion of renewable energy sources.

While previous studies of nations such as Germany, where solar-plus-storage costs are already undercutting conventional power, and the US have concluded that solar could achieve grid parity by 2020 in most developed countries, some have suggested China would have to wait decades.

However, the new paper published in Nature Energy concludes a combination of technological advances, cost declines and government support has helped make grid parity a reality in Chinese today.

Despite these results, grid parity may not drive a surge in the uptake of solar, a leading analyst tells Carbon Brief.

 

Competitive pricing

China’s solar industry has rapidly expanded from a small, rural program in the 1990s to the largest in the world, with record 2016 solar growth underscoring the trend. It is both the biggest generator of solar power and the biggest installer of solar panels.

The installed capacity of solar panels in China in 2018 amounted to more than a third of the global total, with the country accounting for half the world’s solar additions that year.

Since 2000, the Chinese government has unveiled over 100 policies supporting the PV industry, and technological progress has helped make solar power less expensive. This has led to the cost of electricity from solar power dropping, as demonstrated in the chart below.


 

In their paper, Prof Jinyue Yan of Sweden’s Royal Institute of Technology and his colleagues explain that this “stunning” performance has been accelerated by government subsidies, but has also seen China overinvesting in what some describe as a clean energy's dirty secret of “redundant construction and overcapacity”. The authors write:

“Recently, the Chinese government has been trying to lead the PV industry onto a more sustainable and efficient development track by tightening incentive policies with China’s 531 New Policy.”

The researchers say the subsidy cuts under this policy in 2018 were a signal that the government wanted to make the industry less dependent on state support and shift its focus from scale to quality.

This, they say, has “brought the industry to a crossroads”, with discussions taking place in China about when solar electricity generation could achieve grid parity.

In their analysis, Yan and his team examined the prospects for building industrial and commercial solar projects without state support in 344 cities across China, attempting to gauge where or whether grid parity could be achieved.

The team estimated the total lifetime price of solar energy systems in all of these cities, taking into account net costs and profits, including project investments, electricity output and trading prices.

Besides establishing that installations in every city tested could supply cheaper electricity than the grid, they also compared solar to the price of coal-generated power. They found that 22% of the cities could build solar systems capable of producing electricity at cheaper prices than coal.

 

Embracing solar

Declining costs of solar technology, particularly crystalline silicon modules, mean the trend in China is also playing out around the world, with offshore wind cost declines reinforcing the shift. In May, the International Renewable Energy Agency (IRENA) said that by the beginning of next year, grid parity could become the global norm for the solar industry, and shifting price dynamics in Northern Europe illustrate the market impact.

Kingsmill Bond, an energy strategist at Carbon Tracker, says this is the first in-depth study he has seen looking at city-level solar costs in China, and is encouraged by this indication of solar becoming ever-more competitive, as seen in Germany's recent solar boost during the energy crisis. He tells Carbon Brief:

“The conclusion that industrial and commercial solar is cheaper than grid electricity means that the workshop of the world can embrace solar. Without subsidy and its distorting impacts, and driven by commercial gain.”

On the other hand, Jenny Chase, head of solar analysis at BloombergNEF, says the findings revealed by Yan and his team are “fairly old news” as the competitive price of rooftop solar in China has been known about for at least a year.

She notes that this does not mean there has been a huge accompanying rollout of industrial and commercial solar, and says this is partly because of the long-term thinking required for investment to be seen as worthwhile.


 

The lifetime of a PV system tends to be around two decades, whereas the average lifespan of a Chinese company is only around eight years, according to Chase. Furthermore, there is an even simpler explanation, as she explains to Carbon Brief:

“There’s also the fact that companies just can’t be bothered a lot of the time – there are roofs all over Europe where solar could probably save money, but people are not jumping to do it.”

According to Chase, a “much more exciting” development came earlier this year, when the Chinese government developed a policy for “subsidy-free solar”.

This involved guaranteeing the current coal-fired power price to solar plants for 20 years, creating what is essentially a low feed-in tariff and leading to what she describes as “a lot of nice, low-risk projects”.

As for the beneficial effects of grid parity, based on how things have played out in countries where it has already been achieved, Chase says it does not necessarily mean a significant uptake of solar power will follow:

“Grid parity solar is never as popular as subsidised solar, and ironically you don’t generally have a rush to build grid parity solar because you may as well wait until next year and get cheaper solar.”

 

Policy proposals

In their paper, Yan and his team lay out policy changes they think would help provide an economic incentive, in combination with grid parity, to encourage the uptake of solar power systems.

Technology costs may have fallen for smaller solar projects of the type being deployed on the rooftops of businesses, but they note that the so-called “soft costs” – including installation and maintenance – tend to be “very impactful”.

Specifically, they say aspects such as financing, land acquisition and grid accommodation, which make up over half the total cost, could be cut down:

“Labour costs are not significant [in China] because of the relatively low wages of direct labour and related installation overhead. Customer acquisition has largely been achieved in China by the mature market, with customers’ familiarity with PV systems, and with the perception that PV systems are a reliable technology. However, policymakers should consider strengthening the targeted policies on the following soft costs.”

Among the measures they suggest are new financing schemes, an effort to “streamline” the complicated procedures and taxes involved, and more geographically targeted government policies, alongside innovations like peer-to-peer energy sharing that can improve utilization.

As their analysis showed the price of solar electricity had fallen further in some cities than others, the researchers recommend targeting future subsidies at the cities that are performing less well – keeping costs to a minimum while still providing support when it is most needed.

 

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U.S. Electricity and natural gas prices explained

Energy Pricing Factors span electricity generation, transmission, and distribution costs, plus natural gas supply-demand, renewables, seasonal peaks, and wholesale pricing effects across residential, commercial, and industrial customers, usage patterns, weather, and grid constraints.

 

Key Points

They are the costs and market forces driving electricity and natural gas prices, from generation to delivery and demand.

✅ Generation, transmission, distribution shape electricity rates

✅ Gas prices hinge on supply, storage, imports/exports

✅ Demand shifts: weather, economy, and fuel alternatives

 

There are a lot of factors that affect energy prices globally. What’s included in the price to heat homes and supply them with electricity may be a lot more than some people may think.

Electricity
Generating electricity is the largest component of its price, according to the U.S. Energy Information Administration (EIA). Generation accounts for 56% of the price of electricity, while distribution and transmission account for 31% and 13% respectively.

Homeowners and businesses pay more for electricity than industrial companies, and U.S. electricity prices have recently surged, highlighting broader inflationary pressures. This is because industrial companies can take electricity at higher voltages, reducing transmission costs for energy companies.

“Industrial consumers use more electricity and can receive it at higher voltages, so supplying electricity to these customers is more efficient and less expensive. The price of electricity to industrial customers is generally close to the wholesale price of electricity,” EIA explains.

NYSEG said based on the average use of 600 kilowatt-hours per month, its customers spent the most money on delivery and transition charges in 2020, 57% or about $42, and residential electricity bills increased 5% in 2022 after inflation, according to national data. They also spent on average 35% (~$26) on supply charges and 8% (~$6) on surcharges.

Electricity prices are usually higher in the summer. Why? Because energy companies use sources of electricity that cost more money. It used to be that renewable sources, like solar and wind, were the most expensive sources of energy but increased technological advances have changed this, according to the International Energy Agency’s 2021 World Energy Outlook.

“In most markets, solar PV or wind now represents the cheapest available source of new electricity generation. Clean energy technology is becoming a major new area for investment and employment – and a dynamic arena for international collaboration and competition,” the report said.

Natural gas
The price of natural gas is driven by supply and demand. If there is more supply, prices are generally lower. If there is not as much supply, prices are generally higher the EIA explains. On the other side of the equation, more demand can also increase the price and less demand can decrease the price.

High natural gas prices mean people turn their home thermostats down a few degrees to save money, so the EIA said reduced demand can encourage companies to produce more natural gas, which would in turn help lower the cost. Lower prices will sometimes cause companies to reduce their production, therefore causing the price to rise.

The three major supply factors that affect prices: the amount of natural gas produced, how much is stored, and the volume of gas imported and exported. The three major demand factors that affect price are: changes in winter/summer weather, economic growth, and the broader energy crisis dynamics, as well as how much other fuels are available and their price, said EIA.

To think the price of natural gas is higher when the economy is thriving may sound counterintuitive but that’s exactly what happens. The EIA said this is because of increases in demand.

 

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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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