P.R. Laws tit. 22, § 1052c

2019-02-20 00:00:00+00
§ 1052c. Duties and powers of CEPPO

Through its Executive Director, CEPPO shall have the following duties and powers:

(a) Implement and promulgate the public policy on energy of the Commonwealth of Puerto Rico through regulations, in all areas that are not in conflict with the regulatory jurisdiction of the Energy Commission. These regulations shall be consistent with the public policy on energy established by legislation.

(b) Shall be the spokesperson and advisor of the Governor of the Commonwealth of Puerto Rico in any issue related to the public policy on energy, including all matters related to emergencies as established in § 1052e of this title.

(c) Shall advise the Governor of the Commonwealth of Puerto Rico, the agencies, public instrumentalities and political subdivisions of the Government, institutions, and the general public on the technological, scientific, socioeconomic, and legal aspects germane to the generation, distribution, transmission, use, and consumption of energy in Puerto Rico.

(d) Make recommendations to the Energy Commission about the rules that shall regulate every company under its jurisdiction, as well as any transaction, action, or omission that has an impact on the electric power grid and infrastructure of Puerto Rico.

(e) Serve as liaison and coordinating agent with the Department of Energy, FERC, the U.S. Energy Information Administration and/or any other Federal agency that manages energy affairs at the Federal level.

(f) Develop, establish, and require public and private entities to implement and comply with the policies related to energy resources planning.

(g) Develop short-, medium-, and long-term energy conservation plans for Puerto Rico, and oversee the development and implementation thereof.

(h) Review and issue comments on the integrated resource plans of PREPA and any other company under its jurisdiction, and the amendments thereto, ensuring that such plans are consistent with the established public policy on energy.

(i) Establish through regulations, jointly with the Permit Management Office, the requirements that must be met by the new construction works and renovations in Puerto Rico to promote energy efficiency in said structures.

(j) Establish through regulations the minimum efficiency standards that the equipment and materials acquired by the Commonwealth of Puerto Rico and all its instrumentalities must meet.

(k) Develop and recommend to agencies and public entities the necessary procedures to require energy assessment studies similar to those required to assess environmental impact in order to develop a true awareness on energy related problems at all levels and to foster the adequate and optimum use of limited energy resources.

(l) Gather and publish along with the Energy Commission, timely and reliable information on the generation, distribution, use, and consumption of electric power in Puerto Rico, whether through the use of fuel such as oil and/or its byproducts, natural gas, coal, renewable energy sources, waste disposal, as well as any other mechanism or technology that could be used as an energy resource.

(m) Gather and present to the Commission all information from the agencies, instrumentalities, and public corporations, from the Judicial Branch and its respective offices and from the municipal governments of the Commonwealth of Puerto Rico, on the implementation of energy efficiency measures, compliance with the energy conservation standards established by law, and the results of the implementation of said measures and standards.

(n) Establish and review every three (3) years the standard or baseline of energy consumption of the municipalities to verify their compliance with energy conservation and efficiency goals established by law.

(o) Identify the maximum percentage of renewable energy that Puerto Rico’s electricity infrastructure is capable of integrating and incorporating in a safe and reliable manner and at a reasonable cost, as well as the appropriate technologies and the sites that shall make such integration feasible in accordance with the best interests of the Commonwealth of Puerto Rico, and submit its conclusions to the Energy Commission.

(p) Adopt regulations about any other initiative that promotes the reduction of energy costs and maximizes energy efficiency.

(q) Conduct and carry out investigations about electric power companies as requested by the Energy Commission through resolution.

(r) Serve as liaison and coordinating agent with the U.S. Energy Information Administration and/or any other Federal agency that manages energy affairs in the United States of America.

(s) File complaints with the Energy Commission against natural or juridical persons or entities when it believes any action or omission inconsistent with the public policy on energy of the Commonwealth of Puerto Rico has been taken.

(t) Appear before the Energy Commission as a friend of the court or amicus curiae in adjudicative cases pending before it. At his/her discretion, the Executive Director may appear before the Commission motu proprio or upon party’s petition. However, the Commission may require the Executive Director to appear on any adjudicative case before its consideration.

(u) Solicit, accept, receive, and administer funds and donations from private persons and public entities of the Commonwealth of Puerto Rico, or the United States of America to carry out the purposes of this chapter.

(v) Promote studies involving scientific research, experiments, and evaluation on fossil fuels, alternative and renewable energy sources, including ways to optimize the performance thereof, and to promote the development of initiatives to reduce dependence on fossil fuels.

(w) Collaborate with agencies, public entities, and private persons or entities working in the development of strategies and policies to promote the adequate use of energy resources in connection with transportation and establish, through regulations, the public policy on the scope of energy transportation.

(x) Collaborate with the Department of Consumer Affairs (DACO, Spanish acronym) and other public or private entities in matters related to the public policy on energy regarding the import, management, and use of fuels in Puerto Rico.

(y) Promote collaboration agreements with the academia for the creation and development of university programs and highly specialized areas aimed at providing training on regulatory and energy-related issues, including, but not limited to, agreements with universities, research centers, or organizations with expertise in the energy field within and outside the Commonwealth of Puerto Rico, as well as to promote collaboration alliances with these institutions and entities for the development of projects and innovative initiatives on energy-related issues.

(z) Assess, promote, and facilitate the development of non-traditional electric power generation initiatives such as residential generators, electric power generation through agricultural activities, among others, to increase the participation of independent power producers and the availability of energy resources in the system;.

(aa) Promote, in coordination with the agencies and pertinent government instrumentalities such as the Economic Development Bank, Government Development Bank, and the Office of the Commissioner of Financial Institutions, initiatives to keep at the local level the payments made by PREPA and its subsidiaries to their goods and services suppliers.

(bb) Hire any professional and advisory services needed to carry out its duties and powers.

(cc) Negotiate and enter into agreements with other public, municipal, state, and federal entities, and with private persons to carry out research projects, to obtain services in the energy field, or for purposes consistent with the fulfillment of its duties.

(dd) Enter into collaboration agreements with other agencies or public entities of the Commonwealth of Puerto Rico that promote and promulgate the public policy on energy of the Island.

(ee) Sue and be sued in complaints or causes of action on its own behalf before the Court of First Instance of the Commonwealth of Puerto Rico against any natural or juridical person that fails to meet or interferes with the requirements, goals, and objectives of this chapter.

(ff) Request the aid of the Commission and/or the General Court of Justice in the event that any person or entity fails to comply with its regulations or orders.

(gg) Appear before the Legislative Assembly to state its position with respect to any issue comprised within its administrative competence, and

(hh) Prepare and submit to the Governor and the Legislative Assembly, at the office of the Secretary of the Senate and Clerk of the House of Representatives, an annual report stating the status of the energy situation of the Island, the results of the implementation of the public policy on energy and the results of the efforts made by CEPPO in the development and promulgation of said public policy on energy, as provided in this chapter. Said report shall be filed not later than January thirtieth (30th) of each year.

(ii) To formulate strategies and make recommendations to the Energy Commission to improve the electric power service in low-income communities through the study, promotion, and development of community solar projects, using as guidelines the recommendations made by organizations such as IREC and NREL, adapted to Puerto Rico, and seeking the input of PREPA and the representatives of community organizations as well as relevant professional, and academic organizations.

(jj) CEPPO, in conjunction with the Commission and PREPA, shall study the best practices of the electric power industry and shall establish a plan for the development of microgrids in Puerto Rico. To minimize costs and broaden access to greater physical and human resources, CEPPO may partner with local or federal agencies, or recognized universities or institutes of electric power research, inside and outside of Puerto Rico, to carry out this task. Initially, this option shall be made available to low-income communities, universities, healthcare centers, and public institutions.

(kk) CEPPO, in conjunction with the Commission, shall determine the format and specific information to be shared by each microgrid.

History —May 27, 2014, No. 57, § 3.4; Aug. 5, 2016, No. 133, § 9.