reglab/statecodes huggingface dataset:
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) › § 1054f - Powers and duties of Commissioners

Commissioners shall have the following powers and duties:
(a) To act as the governing body of the Commission.
(b) Establish the Commission’s general policy to attain the objectives of this chapter.
(c) Implement the public policy and objectives of the Commission in accordance with this chapter.
(d) Authorize and oversee the implementation and the results of the annual work plan of the Commission.
(e) Draft, adopt, and amend rules and regulations to govern the internal operations and the discharge of the powers and duties thereof, as well as the norms needed for the functioning, operations, and administration of the Commission.
(f) Keep complete records of all proceedings before its consideration and make them available to the public on the Commission’s website.
(g) Ensure the proper administration of the Commission’s operational budget.
(h) Impose administrative fines within the parameters established by this chapter.
(i) Appear before judicial, legislative, and administrative forums in representation of the Commission.
(j) Hire and appoint personnel as necessary for the operations and functioning of the Commission which shall be governed by the rules and regulations promulgated by the Commission using as guidelines the criteria provided in §§ 1462b of Title 3, known as the “Public Service Human Resources Administration Act of the Commonwealth of Puerto Rico”. In the description of the duties of the positions, the personnel system shall be organized so as to promote the hiring of skilled and trained staff through a competition process that enables compliance with the purposes of this chapter. Any recruitment process shall be carried out with the support of PREA.
(k) Hire trust employees, the number of which shall not be greater than fifteen percent (15%) of the total number of career positions in the Commission. This limitation shall not apply to commissioners who, in accordance with this chapter, are authorized to hire one (1) trust employee per commissioner as expert advisor. Trust employees shall be selected taking into consideration the capability, education, and professional experience required to assure an effective performance of the duties of the position. No employee of the Commission, be it of trust or career, may have any relationship within the degrees provided in §§ 1854 et seq. of Title 3, known as the “Government Ethics Act of 2011”, with the Director or the members of the Commission. Any recruitment process shall be carried out with the support of PREA.
(l) Delegate the powers and duties provided in subsections (j) and (k) of this section to the Executive Director of the Commission through resolution.
History —May 27, 2014, No. 57, § 6.7.
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) › § 1054g - Executive Director of the Energy Commission

(a) A majority of the commissioners shall select the Executive Director of the Commission based on his/her proven education and professional experience in energy-related matters or public administration.
(b) The Executive Director and the members of his/her family unit, as defined in §§ 1854 et seq. of Title 3, known as the “Government Ethics Act of 2011”, shall not have any direct or indirect interest in, nor contractual relation whatsoever with PREPA and/or any other certified electric power company subject to the jurisdiction of the Commission, nor in entities within or without Puerto Rico affiliated to or with interest in PREPA or said companies. The Executive Director shall not, once his/her functions have ceased, represent any person or entity before said Commission in relation to any issue in which he/she participated while serving on the Commission, or with respect to any other issue within two (2) years after separation from office. Any action taken by the Executive Director in discharging his/her duties shall be subject to the restrictions provided in §§ 1854 et seq. of Title 3, known as the “Puerto Rico Government Ethics Act of 2011”.
(c) The Executive Director shall have the following duties:
(1) Coordinate with the Administrator of PREA all that pertains to administrative and clerical support in areas such as finance, procurement, accounting, and in any administrative task other than formulating or implementing public policy;
(2) Establish, at his/her discretion, advisory groups to provide the Commission with specialized technical advice on energy regulation topics and provide for the operations thereof;
(3) Delegate, in the event of his/her absence or temporary inability to fulfill his/her duties, to a trusted official of the Commission, until the cause or circumstance that required said temporary designation ceases or is corrected.
History —May 27, 2014, No. 57, § 6.8.
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) › § 1054h - Chair of the Energy Commission

The Chair of the Energy Commission shall have the following powers and duties, in addition to any other power conferred to him/her by a provision of law or regulations:
(a) Preside over, call, and establish the agenda for all the meetings of the Commission;
(b) Identify and hire personnel, contractors, and resources as necessary to exercise the powers and duties of the Commission, and require the Executive Director of PREA to appoint or hire such personnel, contractors, or resources;
(c) Represent the Commission in all matters related to legislation, legislative reports, and communications with other State or Federal agencies; and [sic]
(d) Represent the Commission in activities, communications and agreements with other heads of agencies of the Commonwealth of Puerto Rico in matters under the jurisdiction of the Commission;
(e) 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 agency;
(f) Delegate to the Executive Director or other commissioner the powers established in this section.
History —May 27, 2014, No. 57, § 6.9.
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) › § 1054i - Personnel of the Energy Commission

(a) The Commission shall have the necessary administrative and technical personnel to attain the purposes of this chapter.
(b) The Commission’s technical personnel shall be specialized in the matters under the jurisdiction of the Commission and carry out the tasks and functions delegated to them by the Commission.
(c) The Commission shall promulgate a code of ethics to regulate the relations between its personnel and the companies under the regulatory jurisdiction of the Commission.
(d) The activities of all the personnel of the Commission shall be subject to the restrictions provided in §§ 1854 et seq. of Title 3, known as the “Government Ethics Act of 2011”.
History —May 27, 2014, No. 57, § 6.10.
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) › § 1054k - Office of the Energy Commission

In order to promote greater transparency and autonomy in the exercise of its functions, the offices and facilities of the Commission shall operate separately from those of any natural or juridical person under its jurisdiction. Such offices shall be located in existing facilities belonging to the Commonwealth of Puerto Rico.
History —May 27, 2014, No. 57, § 6.12.
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) › § 1054m - Amendment, suspension, and revocation of decisions, orders, and/or certifications

(a) The Commission may revoke any decision, order, or certification on the following grounds:
(1) Knowingly making false or fraudulent statements on the application or any written statement of facts filed in connection with such application;
(2) willingly and repeatedly omitting or failing to substantially comply with the decision, order, or certification of the Commission;
(3) violations of or failure to comply with any of the provisions of this chapter;
(4) violations of or failure to comply with any of the rules, orders or regulations of the Commission, or
(5) refusal to provide services to any citizen for 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 perceived to be a victim of domestic violence, sexual abuse, or stalking.
(b) The Commission may order said person to cease and desist said conduct as provided in subsection (a) of this section.
(c) Prior to revoking a decision, order, or certification pursuant to the provisions of subsections (a) and (b) of this section, or issuing an order to cease and desist under the provisions of this subsection, the Commission shall notify the grounds for its decision to the affected party through an order to show cause of the reasons for which said decision, order, or certification should not be revoked. The order to show cause shall require the affected party to appear before the Commission on the date and place indicated thereon to present evidence on the issue specified in the order. The date fixed for appearance shall not be less than ten (10) days from the date of the notification, except in situations where there may be risks to life or property, in which case the order shall provide a shorter term. After the affected party appears before the Commission, if the latter determines that a revocation order or an order to cease and desist should be issued, it shall do so along with a detailed account of its findings of facts and grounds for the issue thereof and specifying its effective date. Said order shall be notified to the affected party within ten (10) days from the date of issue of such determination.
(d) The Commission shall have a thirty (30)-day term to notify and issue a final determination suspending, amending, or revoking any decision, order, or certification. Notice shall be provided in writing stating the reasons on which said determination is based.
History —May 27, 2014, No. 57, § 6.14.
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) › § 1054n - Rules of confidentiality

If any person who is required to submit information to the Energy Commission believes that the information to be submitted has any confidentiality privilege, such person may request the Commission to treat such information as such, subject to the following:
(a) If the Energy Commission, after the appropriate evaluation, believes such information should be protected, it shall grant such protection in a manner that least affects the public interest, transparency, and the rights of the parties involved in the administrative procedure in which the allegedly confidential document is submitted.
(b) To such purposes, the Energy Commission shall provide access to the document or the privileged portion of the document only to the lawyers and external consultants involved in the administrative process after the execution of a confidentiality agreement.
(c) The Energy Commission shall keep the documents submitted for its consideration out of public reach only in exceptional cases. In these cases, the information shall be duly safeguarded and delivered exclusively to the personnel of the Energy Commission who needs to know such information under nondisclosure agreements. However, the Energy Commission shall direct that a non confidential copy be furnished for public review.
(d) The Energy Commission shall swiftly act on any privilege and confidentiality claim made by a person subject to its jurisdiction by means of a resolution to such purposes before any allegedly confidential information is disclosed.
History —May 27, 2014, No. 57, § 6.15.
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) › § 1054p - Audited statements

Within one hundred eighty (180) days after the approval of this act, any person under the jurisdiction of the Commission shall submit audited statements to the Commission so that the latter may determine the amount of the contribution to be made by each person according to the applicable percentage thereof.
History —May 27, 2014, No. 57, § 6.17.
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) › 1054q - Electronic filing system

PREA shall establish an electronic filing system whereby persons may access a website to file documents with and bring an action before the Energy Commission; and where the parties may submit any pleadings and documents pertaining to the case; and the Commission may notify the parties of any orders or resolutions issued. For the purpose of facilitating access to the electronic filing system to persons who lack the means or skills to use the electronic filing system, the Commission shall enter into interagency agreements with any other instrumentality of the Government of the Commonwealth of Puerto Rico or nonprofit organizations so that these may offer help to the people who resort to their main or regional offices seeking assistance for the use of the website and the electronic filing system, and provide the people with one or more computers to carry out the electronic filing process.
History —May 27, 2014, No. 57, § 6.18.
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) › § 1054r - Scheduling and holding of administrative hearings

The Commission shall prescribe through regulations an administrative hearing circuit system that allows for the scheduling and holding of administrative hearings on pending cases before the Commission in the different regions of the Commonwealth of Puerto Rico.
History —May 27, 2014, No. 57, § 6.19.
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) › § 1054s - General provisions on administrative procedures

Any process for which this chapter does not specifically provide, shall be governed by §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”. By virtue thereof, the Uniform Administrative Procedures Act of Puerto Rico shall govern all procedures for the adoption of regulations, adjudicative procedures, judicial review, as well as the procedures to grant franchises, certifications, complaints of subscribers and between electric power companies, and the procedures to conduct inspections. Provided, That, given the Commission’s compelling need to start operations, the mechanism established in § 2133 of Title 3 may be used to adopt the first regulations of the Energy Commission, without the need for the Governor to issue any certification. As set forth in the aforementioned section, the decisions and orders of the Commission shall be subject to review by the Court of Appeals of Puerto Rico.
History —May 27, 2014, No. 57, § 6.20; Sept. 8, 2014, No. 152, § 3.
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) › § 1054t - General obligations of electric power service companies

(a) Every certified electric power company shall provide customers or consumers with an adequate, safe, reliable, efficient, and nondiscriminatory electric power service;
(b) every rate or charge required or collected for any service provided or to be provided, and the rules adopted by every electric power service company regarding the provision of such services shall be just, reasonable, and nondiscriminatory, and
(c) no certified electric power company shall give unjust or unreasonable preference or advantage to any person; neither shall such company subject any person to unjust or unreasonable prejudice or disadvantage in any aspect.
History —May 27, 2014, No. 57, § 6.21.
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) › § 1054u - Information to be filed with the Energy Commission

(a) Every electric power service company shall submit the following information to the Energy Commission, subject to the terms provided by the latter:
(1) Plans that establish the parameters and goals of the company to meet the electricity needs of the Commonwealth of Puerto Rico within a reasonable period of time;
(2) future operating budgets during the period of time determined by the Commission through regulations;
(3) studies on service costs that show the relation between the current costs of the company and the income earned on account of rates or charges;
(4) energy demand, efficiency, and/or conservation management plans and goals; load management programs and technologies; gas emission or environmental pollutants reduction; resource diversification; and use of renewable energy sources, as applicable;
(5) reliability reports on the system’s average frequency;
(6) reports describing applications for wheeling filed with PREPA and the results of the applications, and
(7) any other specific information, data, document, or report that the Commission may deem necessary in the exercise of its duties, as applicable to the electric power company.
History —May 27, 2014, No. 57, § 6.22.
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) › § 1054v - Integrated resource plan

(a) PREPA, as provided §§ 191—217 of this title, known as the “Organic Act of the Puerto Rico Electric Power Authority”, shall submit to the Commission an Integrated Resource Plan (IRP) describing the combination of energy supply and conservation resources that satisfies in the short-, medium-, and long-term the present and future needs of the energy system both of Puerto Rico and of their customers at lowest cost possible.
(b) PREPA shall submit its first IRP to the Commission within one (1) year after July 1st, 2014.
(c) Initially, the Commission, in collaboration with the Commonwealth Energy Public Policy Office, the Independent Consumer Protection Office, and the comments of interested persons and organizations shall review, approve, and modify said plans, as applicable, to ensure full compliance with the public policy on energy of the Island and the provisions of this chapter.
(d) After the approval of the integrated resource plans, the Commission shall supervise and oversee compliance therewith. Every three (3) years, the Commission shall carry out another review process, and if applicable, modify such plans, as well as issue and post on its website, a detailed report showing compliance with integrated resource plans and the modifications made thereto after the review process.
History —May 27, 2014, No. 57, § 6.23.
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) › § 1054w - Power to investigate

(a) The Energy Commission shall visit the facilities of certified electric power companies, from time to time, and investigate the necessary documents to verify compliance with the orders, rules, and regulations established by the Commission. The Commission may enter said facilities during reasonable hours to conduct tests and audits, and may install and use in said facilities any device needed to carry out its duties, as well as to take the necessary measures to ensure compliance with the established rules.
(b) The Commission may, at any time or place, (i) examine under oath, whether through a formal interview or summons, all officials and employees of a certified electric power company and the Puerto Rico Electric Power Authority Revitalization Corporation; (ii) require certified electric power companies, as well as the Puerto Rico Electric Power Authority Revitalization Corporation, to produce any copies of any records, documents, information, or data deemed necessary by the Commission to fulfill the responsibilities thereof under this chapter, subject to any constitutional or statutory right, or applicable privilege; and (iii) issue summons requiring the appearance and testimony of witnesses to obtain the information needed to enforce the provisions of this chapter. If any person refuses to comply with a summons of the Commission, the Commission may resort to the Court of First Instance and request a court order compelling any person to appear before the Commission to give testimony, furnish evidence, or both, in connection with the matters before its consideration. Summons may be served in the same manner as these are served under the applicable rules of civil procedure.
(c) The Commission may investigate and determine the value of useful property in the facilities of all certified electric power companies. To conduct this evaluation, it shall take into account the original cost of the property, the depreciation thereof, and any other valuation factor that the Commission may deem to be related to such value.
(d) If the Commission obtains information about any undue situation, action, or omission that is outside of its jurisdiction, such situation shall be duly referred along with its corresponding account of facts to the agency or entity with competent jurisdiction in order to be duly addressed.
(e) The Commission shall have jurisdiction to investigate any matter related to compliance with the laws that apply to the enforcement of the public policy on energy and the purposes of this chapter.
History —May 27, 2014, No. 57, § 6.24; Feb. 16, 2016, No. 4, § 19.
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) › § 1054y - Procedural rules on customer complaint resolution

(a) Within sixty (60) days after the approval of the Commission’s regulations that shall govern the review procedure established in this section, every certified electric power company shall file with the Energy Commission the procedure to be followed for the resolution of customer complaints. Once such rules are filed, the Commission shall have thirty (30) days to approve the same. If the Commission does not approve such rules, it shall identify any deficiencies in the procedural rules proposed by the electric power service company and require them to be amended in accordance with the findings of the Commission.
(b) Once the Commission approves the procedural rules of a certified electric power service company, such company shall publish the approved procedural rules on its website.
History —May 27, 2014, No. 57, § 6.26.
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) › § 1054aa - Customer service

(a) Customer service of the Energy Commission.— The Energy Commission shall promulgate rules or regulations as are necessary to guarantee the protection of the rights of persons or customers that receive electric power services in the Commonwealth of Puerto Rico. The Commission shall adopt by regulations the customer service rules and policies that shall protect the rights of customers and ensure effective communication with and the participation of all customers. The Commission shall adopt such regulations in consultation and in conjunction with the ICPO. The following initiatives shall be part of the policy that the Commission shall establish through regulations:
(1) The Commission shall ensure public dissemination of all sorts of changes in the electric power industry in Puerto Rico by disclosing on its website any public interest information it may have. Said Commission shall develop and implement a customer education or orientation program regarding the contents of the information so disclosed;
(2) The Commission shall develop and use viable internal parameters to assess the effectiveness of the service it provides to customers. The Commission shall render an annual report to the Legislative Assembly on or before January 30th with the results of the customer service policy adopted and shall publish said results on its website.
(b) Customer service of certified electric power companies.— The Commission shall regulate, oversee, and address cases and disputes regarding the quality of the services rendered to customers by certified electric power companies. Every electric power service company shall adopt and submit the following information for the Commission’s evaluation and approval:
(1) Just and reasonable rules or practices to be followed when providing a service;
(2) just and reasonable rules or practices to assess the service provided;
(3) just and reasonable rules or practices to guarantee the accuracy of the equipment used to provide services;
(4) just and reasonable rules or practices to guarantee the reliability and continuity of the service provided;
(5) just and reasonable rules or practices to protect the health and safety of employees and the public in general, including adequate installation, use, maintenance, and operation of security equipment and other devices;
(6) customer service terms and conditions, and
(7) any other rules or regulations related to services provided by certified electric power companies deemed necessary by the Commission to implement the provisions of this section.
History —May 27, 2014, No. 57, § 6.28.
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) › § 1054bb - Efficiency in electric power generation

(a) Highly efficient fossil generation.— Within a term that shall not exceed five (5) years counted as of July 1st, 2014, the Authority shall ensure that at least sixty percent (60%) of the electric power generated in Puerto Rico based on fossil fuels (gas, coal, oil, and others) is high efficiency, as such term is defined by the Commission. The term “high efficiency” shall include as essential factors the electric power plant or the facility’s thermal efficiency by the type of fuel used, the cost of fuel, technology, the capacity to reduce the costs of producing one (1) kilowatt-hour (kWh) of the proposed technology, and/or any other industry parameter that guarantees efficiency in energy generation, and in accordance with the Integrated Resource Plan. The percentage required under this section includes energy generated from fossil fuels sold to the Authority under power purchase agreements entered into as of the effective date of this act.
(b) Every electric power generation facility of a certified electric power company in Puerto Rico must meet the efficiency standards established by the Commission and/or any other standard of the industry that guarantees efficiency in the generation of electric power.
(c) In the case of renewable energy technologies, the following efficiency standards shall apply based on:
(1) The use of space and location.
(2) The availability of the renewable energy source.
(3) The efficiency of individual components.
(4) An analysis of the costs and benefits.
(5) Any other parameter of the industry that maintains the operations and reliability of the electric power generation.
(d) The Commission shall review periodically and, if necessary, modify the established efficiency standards and publish them on its website together with the technical analysis that justifies them;
(e) The Commission shall approve the strategic plans developed by PREPA and other certified electric power companies to meet these standards and oversee compliance therewith.
History —May 27, 2014, No. 57, § 6.29; Feb. 16, 2016, No. 4, § 23.
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) › § 1054cc - Wheeling

The Energy Commission shall regulate the wheeling mechanism in the Commonwealth of Puerto Rico. In doing so, the Commission shall establish the rules and conditions to ensure that wheeling does not affect in any way whatsoever (including technical problems and rate increases) nonsubscribers of wheeling services, as well as the rules necessary for implementation of a system that allows exempt business described in § 10642(d)(1)(H) of Title 13, known as the “Economic Incentives Act for the Development of Puerto Rico”, or similar provisions in other incentive laws, to purchase electric power from other entities through wheeling services. Likewise, the Commission shall consider, among others, the following factors when regulating the wheeling service:
(a) The state of the transmission and distribution infrastructure, the loss of energy related to this stage of operations, and the cost thereof.
(b) The reasonable conditions that must be established to guarantee the protection and the proper and efficient maintenance of the transmission and distribution infrastructure.
(c) The criteria that must be considered in determining the rates to be charged for transmission and distribution services, so that the costs remain at a reasonable level, thus making the use of this mechanism feasible, and promoting production of energy and the competitiveness of Puerto Rico in terms of service costs and availability, thus safeguarding the interests of the People, including the distance between the electric power company and energy subscribers without adversely affecting wheeling nonsubscribers.
(d) In determining wheeling rates there shall be included a contribution from power producers for grid maintenance, as well as ancillary services in proportion to the amount of energy injected into the grid, the distance between the producer and the private customer, and any other necessary technical considerations recognized worldwide that make wheeling feasible taking into account the particularities and geographic and physical limitations of the electric power infrastructure of Puerto Rico.
(e) The best practices of other jurisdictions that have implemented the wheeling mechanism and the convenience of applying them in Puerto Rico.
History —May 27, 2014, No. 57, § 6.20.
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) › § 1054dd - Repealed. Act Feb. 16, 2016, No. 4, § 24, eff. Feb. 16, 2016

History —May 27, 2014, No. 57, § 6.31; Repealed. Act.
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) › § 1054ee - Extension

In exercising its regulatory duties and technical knowledge in the energy field, the Commission may extend the five (5)-year period provided in this chapter for a term that shall not exceed one (1) year, so that at least sixty percent (60%) of the electric power generated in Puerto Rico based on fossil fuels is high efficiency; provided, that the Commission determines:
(1) That it is necessary for the full implementation of the Energy RELIEF Plan, and
(2) that the implementation of the Energy RELIEF Plan is at an advanced stage.
History —May 27, 2014, No. 57, § 6.32; renumbered as § 6.31 and amended on Feb. 16, 2016, No. 4, § 25.
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) › § 1054hh - Construction and extension of electric power facilities

(a) In general.— Any certified electric power company that wishes to build or extend its facilities shall file with the Commission a notice of intent to carry out such project in accordance with the Commission’s rules and regulations. The Commission shall reply to a notice of intent within one hundred eighty (180) days after the filing thereof.
(b) Evaluation criteria.— The Commission shall evaluate the notices of intent to build an electric power generation facility in accordance with the regulations to be established and promulgated by the Commission for such purposes. In evaluating the notices of intent, the Commission shall evaluate whether such construction work meets any of the objectives previously established in the Energy RELIEF Plan or the integrated resource plan of PREPA or if it satisfies any actual urgent need for electricity infrastructure in Puerto Rico, in which case the procedure established to amend the integrated resource plan shall be followed. The Commission shall issue a resolution stating whether such construction work is necessary, adequate, and consistent with the public interest. The Commission may not deny a notice of intent based on arbitrary or discriminatory reasons.
(c) The issue of a favorable resolution for the project by the Commission shall not exempt the proponent from complying with any municipal, State, or Federal procedure established and needed for interconnecting to or operating such facility in the electricity infrastructure of Puerto Rico.
History —May 27, 2014, No. 57, § 6.35; renumbered as § 6.34 on Feb. 16, 2016, No. 4, § 27.
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) › § 1054ii - Transfer, acquisition, and merger of certified electric power companies

(a) In general.— No sale, acquisition, or merger of electric power companies or the facilities thereof shall be completed if the Commission does not issue a certification stating that such transaction is consistent with the Energy RELIEF Plan, the integrated resource plan, and the best interests of Puerto Rico, and does not involve the capture or control of electric power services by an electric power service company or the creation of a monopoly over electric power services by a private electric power service company.
(b) The Commission shall adopt regulations to specify the form, contents and procedure to file and evaluate applications for certification under this section.
(c) The Commission shall evaluate applications based on the size of the facility or facilities subject to the transaction, its generation capacity, the impact of such transaction on the electric power industry and electric power customers, and any other parameter that the Commission may deem necessary, according to the best practices in the electric power industry, to conduct an objective and transparent evaluation of the application.
(d) The Commission shall adjudicate on the merits every request for authorization filed under this section within one hundred eighty days (180) days after the filing thereof. The Commission shall treat the process to address and evaluate applications for certification as an ex parte formal adjudicative procedure, governed by the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”, and the regulations adopted by the Commission.
History —May 27, 2014, No. 57, § 6.36; renumbered as § 6.35 on Feb. 16, 2016, No. 4, § 27.
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) › § 1054jj - Penalties for non-compliance

(a) The Commission shall impose administrative fines for violations of this chapter, or the regulations and orders issued thereunder, committed by any person or electric power company subject to its jurisdiction, of up to a maximum of twenty-five thousand dollars ($25,000) per day. Said fines shall in no event exceed five percent (5%) of the gross sales, fifteen percent (15%) of the net income, or ten percent (10%) of the net worth of the sanctioned person or the electric power company. The greater of the aforementioned amounts corresponding to the most recent taxable year shall be the amount of the fine.
(b) If the person or certified electric power company commits a subsequent violation of this chapter, the Commission may impose penalties of up to a maximum of twenty-five thousand dollars ($25,000) per day. In such case and by unanimous determination of the Commission, it may impose fines up to twice the limitations on the basis of sales, income or assets set forth in subsection (a) of this section and up to five hundred thousand dollars ($500,000).
(c) Any claim or cause of action authorized by law filed by any person with legal standing shall not affect the powers granted under this section to impose administrative sanctions.
(d) Any person who intentionally violates any provision of this chapter, omits, disregards, or refuses to obey, observe, and comply with any rule or decision of the Commission shall be punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) at the discretion of the Commission. In the event of recurrence, the established penalty shall increase to a fine of no less than ten thousand dollars ($10,000) nor greater than twenty thousand dollars ($20,000), at the discretion of the Commission.
History —May 27, 2014, No. 57, § 6.37; renumbered as § 6.36 on Feb. 16, 2016, No. 4, § 27.
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) › § 1054kk - Annual reports

Before March 1st of each year, the Commission shall file with the Governor and the Legislative Assembly of the Commonwealth of Puerto Rico the reports required under subsection (oo) of § 1054b of this title. Such report shall contain the following information:
(a) Status of energy affairs of the Island and Integrated Resource Plan in the short- and long-terms;
(b) recommendations on possible actions to be taken by the Government to ensure adequate supplies of energy resources and the efficiency of the system in general;
(c) updated data and statistical projections on the generation, distribution, use, and consumption of energy in Puerto Rico;
(d) a breakdown of the monthly rate of energy consumption itemized by type of rate, and the process used to fix such rates, if the same have been reviewed or modified within the last calendar year;
(e) annual work plan of the Commission and the results of its execution, and
(f) any other information deemed pertinent and necessary.
History —May 27, 2014, No. 57, § 6.38; Feb. 16, 2016, No. 4, renumbered as § 6.37 on Feb. 16, 2016, No. 4, § 27.
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) › § 1054ll - Interpretation of this chapter

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 Commission, the same shall not be construed as to exclude or impair any other power or authority otherwise conferred to it.
History —May 27, 2014, No. 57, § 6.39; renumbered as § 6.38 on Feb. 16, 2016, No. 4, § 27.
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) › § 1054mm - Periodic review

It is hereby provided that the Legislative Assembly shall evaluate periodically, and not later than the eighth (8th) year of operations of the Energy Commission, through the committees with jurisdiction over such matters of each Legislative House, every aspect related to the operations of the Commission, CEPPO, and the ICPO, including their compliance with the public policy set forth in this chapter, and shall issue its recommendations with respect to the need for and convenience of such entities. It shall also consider the possibility of integrating its operations to another public institution or institutions that regulate activities or industries such as telecommunications or other public utilities, as provided by law.
History —May 27, 2014, No. 57, § 6.40; renumbered as § 6.39 on Feb. 16, 2016, No. 4, § 27.
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) › § 1054nn - Creation of the Independent Consumer Protection Office

(a) The Independent Consumer Protection Office, hereinafter the “Office” or “ICPO”, is hereby created to educate, advice, assist, and represent electric power service customers in the Commonwealth of Puerto Rico.
(b) The Office shall have the administrative support of PREA, but shall operate as an entity independent from the Commission, the Commonwealth Energy Public Policy Office, PREPA, and any other electric power company certified in the Commonwealth of Puerto Rico.
(c) The Office shall be composed of a Director as well as of the personnel and external consultants necessary to fully carry out the duties and functions of the Office as provided in this chapter.
(d) The Office shall have a website containing information about the electric power industry, which shall be shown in a manner that the average consumer is able to understand it. The Office shall share and post data and information to keep interested persons informed about their rights as electric power service customers, and Puerto Rico’s electric power system.
History —May 27, 2014, No. 57, § 6.41; renumbered as § 6.40 on Feb. 16, 2016, No. 4, § 27.