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) › § 1054c - Jurisdiction of the Energy Commission

(a) The Commission shall have primary and exclusive jurisdiction over the following affairs:
(1) The approval of rates and charges established by PREPA and any independent power producer in connection with any electric power service, in accordance with the provisions of § 1054x of this title, as well as in cases and disputes related to the rates that PREPA establishes for or collects from its residential, commercial, or industrial customers, and any case or dispute related to the rates or charges imposed by any independent power producer.
(2) Cases and disputes related to the review of the electricity bills sent by PREPA to its customers, pursuant to the provisions of § 1054 of this title.
(3) Cases and disputes regarding noncompliance with the public policy on energy of the Commonwealth of Puerto Rico.
(4) Cases and controversies claiming PREPA’s noncompliance with the mandates of §§ 191—217 of this title, known as the “Puerto Rico Electric Power Authority Act”, with regard to the electric power service or energy-related matters.
(5) Cases and disputes regarding wheeling or electric power interconnection between PREPA or its subsidiaries, and any person that is connected, or wishes to connect to the electric power grid within the Commonwealth of Puerto Rico or any person with a direct or indirect interest in these electric power services.
(6) Cases or disputes regarding agreements between PREPA and independent power producers, and cases and disputes between independent power producers. This includes, but shall not be limited to, power purchase agreements whereby an independent power producer agrees to provide electric power to PREPA to be distributed by the latter, and over cases in which the reasonableness of the interconnection charges or of the terms and conditions of a power purchase agreement are questioned.
(b) The Energy Commission shall have general jurisdiction over the following matters:
(1) The Energy Commission shall have regulatory, investigative and adjudicative jurisdiction over PREPA and any other certified electric power company providing services within the Commonwealth of Puerto Rico.
(2) Any natural or juridical person that violates the provisions of this chapter in connection with energy-related matters or the regulations of the Commission, including any natural or juridical person or entity exercising control over electric power services to commit said violations.
(3) Any natural or juridical person whose actions affect the provision of electric power services, including any person or entity exercising control over such services to affect the provision thereof.
(4) Any natural or juridical person that carries out any activity for which a certification, authorization or permit issued by the Commission is needed.
(5) Any natural or juridical person whose actions or omissions are in prejudice to the activities, resources or interests over which the Commission has regulatory, investigative, adjudicative, or oversight powers, including any person exercising control over electric power services in such a manner as to cause said prejudice.
(c) Complaints for noncompliance with the public policy on energy.—
(1) At the request of any affected party with legal standing, and as provided in this chapter, the Commission may address complaints alleging or claiming that an electric power service company is not complying with the public policy on energy of the Commonwealth of Puerto Rico. Likewise, the Commission may address those complaints regarding transactions or juridical acts related to the purchase of energy or fuel; agreements between PREPA and independent power producers; cases and controversies among independent power producers; wheeling rates and interconnection charges; and cases and controversies regarding wheeling or electric power interconnection between PREPA or its subsidiaries, and any person that is connected, or wishes to connect to the electric power grid within the Commonwealth of Puerto Rico or any person with a direct or indirect interest in these electric power services.
(2) Any complaint submitted under this section shall be filed under oath and specifically state the nature of the claim and remedies requested.
(3) Once the complaint is filed, the Commission may request, during its evaluation and adjudication process, the respondent party to furnish any information it deems pertinent to the controversy. This information shall be available to the petitioning party; however, the Commission may, at the request of any interested party and pursuant to the provisions of § 1054n of this title, protect information deemed confidential or privileged.
(4) The Commission shall exercise jurisdiction over any matter that is not in conflict with Federal statutory and regulatory provisions as well as with those preempted by federal standards.
History —May 27, 2014, No. 57, § 6.4.