The Puerto Rico Energy Bureau (NEPR) imposed a $25,000 administrative fine on Genera PR on Friday for failing to deliver, within the set deadline, required documents on three natural gas supply contracts. The regulator also denied extensions requested by Genera PR and the Puerto Rico Electric Power Authority (PREPA (AEE); PREPA) and ordered both to submit the information under their control or custody by 5:00 PM on Tuesday, October 13.
The documents cover nominations, billing, payments, discounts and adjustments for natural gas supply to units #5 and #6 of the San Juan plant, the temporary generation units at Palo Seco and San Juan, and the Multi-Site contract. The information is part of preliminary collection for an audit of costs, deliveries, deficiencies, credits, obligations and payments tied to gas supplied by NFEnergía.
According to the NEPR, Genera PR submitted copies of the contracts and said the nominations were already in the record, but did not identify the specific filings or deliver the required monthly report and integrity certification. It also asked for 10 more days to file billing, payment, discount and adjustment documents; the NEPR denied that request.
Genera PR must pay the fine within 10 calendar days of notification and show proof of payment. Further noncompliance could bring additional fines, including for each day of delay. The fine and any related legal costs of a challenge, if confirmed by a final determination, must be paid from Genera PR’s own funds, not PREPA’s, and cannot be treated as reimbursable or passed-through expenses under the Generation Facilities Operation and Maintenance Agreement.
PREPA said most documents were in Genera PR’s control and asked for an extension to October 15. The NEPR denied it and ordered PREPA to deliver what it holds, with a certification from an authorized official. Genera PR will prepare the monthly report.
The resolution states that this "does not relieve PREPA of timely producing the information within its own control or custody," and warns of fines and other remedies under Act 57 of 2014.