The Financial Oversight and Management Board (JCF) reminded New Fortress Energy (NFE) that its approval last year of a contract to supply gas to Puerto Rico for up to 10 years is conditioned on the company letting alternate suppliers use its dock whenever it cannot complete deliveries. In a Wednesday afternoon communication, the board called the "tolling agreement" a fundamental component and indispensable condition, meant to ensure Puerto Rico is not left without access to liquefied gas regardless of which party is responsible.
The board did not indicate it is weighing cancellation. It said it will work with the Puerto Rico government to convene interested parties to prevent future delivery interruptions without undermining the Puerto Rico Electric Power Authority’s (PREPA (AEE), or PREPA) contractual rights. On Monday, PREPA amended its lawsuit against NFE’s subsidiary NFEnergía LLC, seeking at least $100 million for undelivered gas and other damages, without seeking contract cancellation.
It asks a federal judge to rule on the tolling agreement. PREPA estimated $32 million in diesel costs while the ship AMUR River, which NFE would use, stayed out of the bay from September 16 to October 13. The lawsuit adds $69.1 million accumulated from NFE actions since 2024. PREPA argues NFE wrongly invokes force majeure.