A new filing has been submitted to PREBA new filing with the title JOINT INFORMATIVE MOTION CONCERNING SETTLEMENT AGREEMENT NEGOTIATIONS has been posted to the Electronic Filing System of the Puerto Rico Energy Board (PREB):
https://radicacion.energia.pr.gov/case/2444 https://ibb.co/1m3DVfS ___________________________________________________________
Summary / my take IMHO:
The new filing before the PREB mentions PREPA’s determination to accept PBJL’s settlement proposal on the Montalva solar farm project.
Both parties (PREPA and PBJL) now request until October 3, 2023, to submit the executed settlement agreement
before the Energy Bureau (PREB).
Subsequently, PREPA will submit the resulting draft power purchase and operating agreement (PPOA) for the Energy Bureau’s (PREB) review and approval.
After that, it's up to the Financial Oversight and Management Board for Puerto Rico (FOMB) to consider an official approval for Montalva.
Earlier (in May 2020), PBJL received a go from PREPA and PREB, but the FOMB didn't do the same.
PBJL then filed a complaint against PREPA before the Energy Bureau (PREB) in April 2021. This led to the current settlement negotiations between PBJL and PREPA. These negotiations are now nearing a positive conclusion.
This is very good news for Montalva, but also keep in mind that we're once again close but just not there yet. However, we will be, if the FOMB gives their go within the next few months.
___________________________________________________________
Here's a copy of the PDF that was filed:
https://ufile.io/wy0qhb3s ___________________________________________________________
Here's the copy/pasted text from that filing:
GOVERNMENT OF PUERTO RICO
PUBLIC SERVICE REGULATORY BOARD
PUERTO RICO ENERGY BUREAU
PBJL ENERGY CORPORATION
Petitioners
v.
PUERTO RICO ELECTRIC
POWER AUTHORITY, et al.
Respondents
CASE NO.: NEPR-QR-2021-0026
SUBJECT: Joint Informative Motion
Concerning Settlement Agreement
Negotiations
JOINT INFORMATIVE MOTION CONCERNING
SETTLEMENT AGREEMENT NEGOTIATIONS
COMES NOW, the Puerto Rico Electric Power Authority (“PREPA”) and PBJL Energy
Corporation (“PBJL”)1
, through the undersigned counsel and respectfully submit and request as
follows:
1. On August 23, 2023, the Energy Bureau of the Puerto Rico Service Regulatory
Board (“Energy Bureau”) ordered the Parties to inform the status of the negotiations undertaken
to settle the case of caption by September 1, 2023. The Energy Bureau warned that failure to inform
the case status would result in the complaint being dismissed for lack of interest (“August 23
Order”).
2. On August 30, 2023, the Parties filed a motion titled Joint Request for Extension of
Time to Inform Status of Settlement Agreement Negotiations in Compliance with the August 23
Order, whereby the Parties informed the Energy Bureau that after an impasse in the negotiations,
followed by a period of time where PREPA was focused on the reorganization ahead of Genera’s
1 PREPA and PBJL, herein referred to as “the Parties”.
NEPR
Received:
Sep 12, 2023
6:26 PM
2
July 1, 2023, Commencement date, and the resulting changes in PREPA’s employee composition,
PBJL and PREPA had resumed the settlement negotiations.
3. PREPA informed that its management had scheduled a meeting to evaluate PBJL’s
most recent communication and settlement proposal, received on August 25, 2023. The referenced
meeting was held yesterday September 11, 2023, and it was PREPA’s determination to accept
PBJL’s Settlement Proposal.
4. Considering the foregoing, the Parties require an additional extension to draft a
settlement agreement that is satisfactory to both parties and respectfully request an additional
fifteen business (15) days, until October 3, 2023, to submit the executed settlement agreement
before this Energy Bureau. Subsequently, PREPA will submit the resulting draft power purchase
and operating agreement for the Energy Bureau’s review and approval.
5. As before, all efforts and proceedings related to the Settlement Proposal are
made under Puerto Rico Rule of Evidence no. 408.
WHEREFORE, the Parties respectfully request the Honorable Energy Bureau to take notice of
the aforementioned, and grant until October 3, 2023, to submit the settlement agreement before
the Energy Bureau.
In San Juan, Puerto Rico, this 12th day of September 2023.
s/ Joannely Marrero Cruz
Joannely Marrero Cruz
jmarrero@diazvaz.law
TSPR No. 20,014
3
DAZ & VZQUEZ LAW FIRM, P.S.C.
290 Jess T. Piero Ave.
Oriental Tower, Suite 803
San Juan, PR 00918
Tel. (787) 395-7133
Fax. (787) 497-9664
Counsel for PREPA
CARLOS R. SOSA PADRO LAW OFFICE
PO Box 191682
San Juan, Puerto Rico 00919-1682
Tel.: (787) 250-0081; Tel/Fax: (787) 250-0078
csosalaw@gmail.com
s/Carlos R. Sosa Padr
Carlos R. Sosa-Padr, Esq.
De Guzmn Law Offices
P.O. Box 362738
San Juan, PR 00936-2738
Mobile (787) 646-3597
Ph.(787) 756-2765 Fax (787) 756-4024
gdeguzman@dgglawpr.com
TSPR (RUA) No. 6370
USDC-PR No. 205112
s/Guillermo F. De Guzmn-Vendrell
Guillermo F. De Guzmn-Vendrell, Esq.
Counsels for PBJL