The Puerto Rico Energy Bureau (NEPR) insisted that the Electric Power Authority (AEE/PREPA) must evaluate its fuel-supply payments and use available legal and contractual mechanisms so that improper costs, or costs attributable to breaches by New Fortress Energy (NFE), do not end up being borne by consumers. The Bureau restated its position while ruling on an urgent motion filed by the AEE on October 2 concerning payments to NFE for natural gas supply.
It found no reason to change its September 30 resolution, stating it takes notice of the motion and its attachments and determines that no additional directive or modification is warranted. The Bureau said that resolution remains fully in force and ordered the AEE to comply with its terms, including evaluating and using the applicable legal and contractual mechanisms.
The resolution identifies $74,536,737.05 in excess-nomination charges and another $17,649,888.46 in additional costs for substitute fuel, roughly $92.2 million subject to evaluation. The Bureau clarified that this amount is not a finding of liability against NFE and does not definitively establish how much money could be recovered. It warned, however, that these costs could reduce or even eliminate the savings of using natural gas instead of costlier fuels if consumers end up paying them.
The Bureau said it is not enough to cite the lower price to claim a consumer benefit; the effect of these items on real savings must be evaluated.