2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 28 - Puerto Rico Energy Transformation and RELIEF Act (§§ 1051 — 1056) › Subchapter IV - Creation, Structure, Operation, Budget, and General Powers of the Puerto Rico Energy Administration and the Energy Commission (§§ 1054 — 1054rr) › § 1054b - Powers and duties of the Energy Commission

The Energy Commission shall have the following powers and duties:
(a) Oversee and ensure execution and implementation of the public policy on the electric power service of the Commonwealth of Puerto Rico.
(b) Establish by regulations the public policy rules regarding electric power service companies, as well as any transaction, action or omission in connection with the electric power grid and the electric power infrastructure of Puerto Rico, and implement such public policy rules. The Energy Commission shall draft such regulations in consultation with the Commonwealth Energy Public Policy Office. These regulations shall be consistent with the public policy on energy set forth through legislation.
(c) Establish and implement regulations and the necessary regulatory actions to guarantee the capacity, reliability, safety, efficiency, and reasonability of electricity rates of Puerto Rico and establish the guidelines, standards, practices, and processes to be followed by the Authority when purchasing electricity from other power service companies and/or modernize its power plants or facilities; provided, that every power purchase agreement shall meet the standards, terms, and conditions established by the Commission in accordance with the provisions of subsection (a)(2) of § 196c of this title.
(d) Oversee the quality and reliability of the electric power services provided by PREPA and any other electric power company certified in Puerto Rico.
(e) Guarantee nondiscrimination in the offering or provision of electric power service by reason of race, color, sex, sexual orientation, gender identity, birth, origin, social status, physical or mental disability, political or religious beliefs, military or veteran status, or for being a victim or being perceived as a victim of domestic violence, sexual assault, or stalking.
(f) Formulate and implement strategies to achieve the objectives of this chapter, including, but not limited to, attaining the goal of reducing and stabilizing energy costs permanently, and controlling volatility in the price of electricity in Puerto Rico. In exercising its powers and authorities, the Energy Commission shall require that the prices included in any power purchase agreement, wheeling rate, and interconnection charge are fair and reasonable, consistent with the public interest, and compliant with the parameters established by this Commission through regulations.
(g) Regulate the wheeling mechanism in the Commonwealth of Puerto Rico in accordance with the applicable laws.
(h) Review and approve policies and strategic plans, as well as short-, medium-, and long-term plans in connection with energy resources integrated planning in Puerto Rico, and oversee compliance therewith.
(i) Address cases and controversies related to compliance by the municipalities, government agencies, and other public and private sectors with the public policy on energy conservation and efficiency, and grant the proper remedies to ensure the implementation of and compliance with said policy.
(j) Oversee and address cases and controversies related to the implementation of the mandates established in §§ 191—217 of this title, known as the “Organic Act of the Puerto Rico Electric Power Authority”.
(k) Review and approve and, if applicable, modify the rates or fees charged by electric power service companies in Puerto Rico in connection with any matter directly or indirectly related to the provision of electric power services.
(l) Hold public hearings, require and gather any pertinent or necessary information to properly carry out its powers and duties.
(m) Ensure that the powers and authorities exercised by the Commission over PREPA, including those related to rate review or approval, guarantee that PREPA meets its obligations to bondholders;
(n) Promote that the Authority’s debt issues be in the public interest. Have the written approval of the Energy Commission prior to the issue of any public debt of the Authority and the use proposed for such financing. The Authority or the Government Development Bank shall notify the Commission of any proposed debt issue at least ten (10) days before the publication date of the preliminary official statement (POS). The Commission shall evaluate and approve that the use to be given to the proceeds of the proposed debt issue is consistent with the Integrated Resource Plan or the Energy Relief Plan. Said approval shall be issued in writing not later than ten (10) days as of the Authority or the Government Development Bank’s notification to the Commission of the proposed debt issue. Within said ten (10)-day period, the Commission shall submit a report of its evaluation to both houses of the Legislative Assembly. If, upon conclusion of said ten-day period, the Commission fails to notify its approval or rejection to the proposed debt issue, the Government Development Bank may continue with the bond issue process. None of these provisions shall apply to bond issues arising from a Restructuring Order promulgated in accordance with Chapter IV of the Electric Power Authority Revitalization Act.
(o) Appoint and hire specialized personnel to exercise its powers and duties.
(p) Require any electric power service company certified in Puerto Rico to keep, maintain, and regularly submit to the Commission those records, data, documents, and plans that are necessary to attain the objectives of this chapter.
(q) Determine and require the type of statistical and numerical information of the Energy Control Center that PREPA shall post every day on its website to keep citizens constantly informed of energy affairs, including, but not limited to, the daily peak demand in Puerto Rico, the daily delivery of energy per electric power generation facility or plant, and any other necessary information or data in connection with the administration of the electric power grid and the operations of electric power transmission and distribution in Puerto Rico.
(r) Oversee compliance with any mandatory standard or goal under the renewable energy portfolio imposed by legislation or regulations.
(s) Take any necessary action, in conjunction with the Environmental Quality Board and other regulatory agencies, to regularly evaluate, oversee, and ensure that every certified electric power company complies with Federal and Commonwealth environmental regulations, and with any applicable federal law.
(t) Review and approve minimum technical requirements (MTRs), additional technical requirements (ATRs), and any other type of requirement established by PREPA for the interconnection of distributed generators to the electric power grid, and oversee compliance therewith.
(u) Establish efficiency parameters or standards for the facilities or plants of any electric power generation company to guarantee the efficiency and reliability of the electric power service, or any other efficiency parameter that is consistent with the best practices in the electric power industry as deemed necessary by the Commission and recognized by governmental and nongovernmental organizations specialized in electric power service, and oversee compliance therewith.
(v) Establish reliability standards for the electric power grid of Puerto Rico in accordance with the parameters recognized by governmental and nongovernmental organizations specialized in electric power service, and oversee compliance therewith.
(w) Gather and analyze any kind of timely and reliable information on the generation, distribution, use, and consumption of energy, whether by using oil and/or its byproducts such as fuel, through the use of natural gas, renewable energy sources, waste conversion, and any other mechanism or technology that may be used as an energy resource.
(x) Keep abreast of global trends and technological advances on energy generation, transmission, and distribution, and any other energy-related matter.
(y) Conduct inspections, investigations, and audits, if necessary, to attain the purposes of this chapter. The Energy Commission may delegate this power through resolution. In such resolution, the Energy Commission shall establish the limits and the term of such delegation of powers.
(z) Conduct periodical studies and investigations on energy generation, transmission, distribution, use, and consumption, whether by using oil and/or its byproducts such as fuel, natural gas, renewable energy sources, waste conversion, and any other mechanism or technology that may be used as energy resource to determine the energy needs of Puerto Rico during any period of time.
(aa) Review and approve the energy reserve margin established by PREPA and ensure compliance therewith.
(bb) Establish and develop statistical, economic, and planning programs as are necessary to meet the purposes of this chapter, and produce and publish information of a statistical-economic nature on matters pertaining to energy generation, distribution, use, and consumption.
(cc) Disclose all sorts of public interest information, and develop, regulate, and implement customer service policies with specific parameters, indicators, and procedures that safeguard the rights of all customers and citizen participation in the processes of the Energy Commission.
(dd) Publish in an orderly manner, to be easily accessed by citizens, every decision issued by the Energy Commission. Such decisions shall be published on the Commission’s website readily accessible and available, together with the case record, at the office of the Commission.
(ee) Create an easily accessible and user-friendly website that contains public interest information, as well as data and information related to the purposes of this chapter.
(ff) Ensure ongoing communication and information sharing between the Energy Commission, the U.S. Department of Energy, the Environmental Protection Agency (EPA), FERC, and any federal agency or office with jurisdiction over energy affairs.
(gg) Identify and form partnerships with international organizations or associations specialized in energy affairs and regulation that are willing to collaborate and provide the Energy Commission with assistance in the execution of its powers and functions.
(hh) Appear before any private entity, public organization, court, board, committee, administrative organization, department, office or agency of the Commonwealth of Puerto Rico or of the United States Government in any hearing, procedure or matter that affects or could affect the objectives, powers or duties of the Energy Commission, the regulations it promulgates or the interests of electric power service customers.
(ii) Adopt and implement rules and procedures that ensure continuous communication and information sharing between the Energy Commission, the Commonwealth Energy Public Policy Office, and the Independent Consumer Protection Office, PREPA, and any electric power company certified in Puerto Rico.
(jj) Enter into contracts and subcontracts for any lawful purpose in order to comply with the public policy of this chapter, and to carry out special tasks without forgoing its government function and responsibility, which includes contracting the professional services of consultants, economists, and lawyers, among other professional services, to assist it in its regulatory and oversight function;
(kk) Sue and be sued in complaints or causes of action in its own name against any natural or juridical person that fails to meet or interferes with the requirements, purposes, and objectives of this chapter before the Court of First Instance or any other administrative forum of the Commonwealth of Puerto Rico. For such purposes, the Commission shall have legal standing to bring the necessary action before a judicial forum to ensure full compliance with the public policy set forth in this chapter;
(ll) Adopt the rules, orders, and regulations needed to carry out its duties, issue orders, and impose fines to comply with the powers granted by law to the Commission, as well as for the implementation of this chapter. These regulations shall be adopted in accordance with §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”;
(mm) File recourses, issue orders, and seek and grant any legal remedies that may be necessary to enforce the provisions of this chapter, as well as its rules, regulations, orders, and determinations. For instance, among the actions and remedies that the Commission may take and grant are the following:
(1) To hold public hearings;
(2) To order the cease of activities or acts in violation of any provision of this chapter or the regulations of the Commission, or any other legal provision whose interpretation and compliance is under the jurisdiction of the Commission;
(3) To impose on and order the parties the payment of costs, expenses, and attorney fees, as well as the payment of expenses and fees for other professional and consulting services, as incurred in a proceeding before the Commission, in accordance with the parameters established in the Rules of Civil Procedure of Puerto Rico;
(4) To direct that all actions shall be taken in compliance with the provisions of this chapter, the regulations of the Commission, or any other legal provision whose interpretation and compliance is under the jurisdiction of the Commission;
(5) To issue summons under penalty of contempt which shall be signed by the Commission Chair and served personally or by certified mail with return receipt requested;
(6) To require the production and inspection of records, inventories, documents, and physical facilities of any juridical persons or entity subject to the jurisdiction of the Energy Commission or the Commonwealth Energy Public Policy Office;
(nn) Submit annual reports, on or before March 1, to the Governor and the Legislative Assembly on the adequate performance of the duties and functions set forth herein; and
(oo) Review the final determinations of PREPA with regard to complaints and requests for investigations submitted by its customers.
All orders issued by the Energy Commission shall be on behalf of the “Puerto Rico Energy Commission.” All actions, regulations, and determinations of the Commission shall be governed by the applicable laws, the public interest and the interest of protecting the rights of customers or consumers. The provisions of this chapter shall be construed liberally in order to achieve its purposes, and whenever a specific power or authority is granted to the Energy Commission, the same shall not be construed as to exclude or impair any other power or authority otherwise conferred to it. The Energy Commission created herein shall have, in addition to the powers specified in this chapter, all those additional, implicit and incidental powers that are pertinent and necessary to enforce and carry out, perform, and exercise all the aforementioned powers and to attain the purposes of this chapter.
(pp) The Commission, in conjunction with the Commonwealth Energy Public Policy Office and PREPA shall evaluate and make determinations regarding the interconnection of distributed renewable energy and large-scale renewable energy to PREPA’s distribution and transmission grid of in order to ensure access thereto fairly and equitably.
(qq) The Commission, in conjunction with the Commonwealth Energy Public Policy Office and the Independent Consumer Protection Office, and the comments of interested persons and organizations shall establish the regulatory framework that shall guide PREPA in the development of regulations for community solar projects and microgrids.
(rr) The Commission, with the advice of PREPA shall determine the maximum capacity and other requirements for community solar projects, using as guidelines the recommendations or organizations such as IREAC and NREL adapted to Puerto Rico.
History —May 27, 2014, No. 57, § 6.3; Feb. 16, 2016, No. 4, § 16; Aug. 5, 2016, No. 133, § 10.