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) › § 1054l - Certification

(a) Every electric power company in Puerto Rico shall obtain a certification from the Energy Commission in order to provide services. The Commission shall not deny an application for certification to provide services for arbitrary or discriminatory reasons, or for the purpose of preventing competition.
(b) As of the approval of this Act, the Commission shall adopt the necessary regulations to specify the form, deadline, content, and procedures to file applications for certification, which shall be applied uniformly in accordance with the provisions of §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act”. Such procedures shall ensure that the application for certification is thoroughly and diligently evaluated within a reasonable short timeframe. Every application filed with the Commission shall be considered granted thirty (30) after the date on which such application was filed, except when, before such term elapses, the Commission orders the stay of such term to obtain more information that enables it to consider the application on its merits.
(c) Every applicant shall provide attesting evidence of his/her moral probity, financial solvency, and technical experience in the field for which a certification is requested. The Commission shall issue a certification if it determines that, in addition to substantially meeting the uniform criteria thus established, the certification is consistent with the mandate of the applicable legislation, the applicable rules and regulations, the objectives of the public interest sought by this chapter, and the protection of the interests of consumers.
(d) Every electric power company operating in Puerto Rico before the effective date of this act may apply for a certification within ninety (90) days after the adoption of the certifications regulations drafted and implemented by the Energy Commission. Once the application is submitted, it shall be granted automatically. It shall not constitute a violation of this chapter, if an electric power company continues providing the service it provided:
(1) Before the adoption of the regulations required by this section;
(2) before the due date to submit the application for certification as provided in this section, and/or
(3) before the Commission acts on the application filed by said natural or juridical person to provide said services.
(e) The Commission, in accordance with the provisions of this chapter, may modify, suspend, or revoke certifications issued for just cause to an electric power company after it is notified and given an opportunity to present its arguments in a public hearing or meeting with the Commission.
(f) The Commission may charge a just and reasonable fee for the evaluation, processing, and issue of certifications to defray administrative expenses incurred in said processes.
History —May 27, 2014, No. 57, § 6.13.