Section 503 of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”) describes the process by which the Fiscal Oversight and Management Board (“FOMB”) assesses various Project proposals which request “critical project” designation. Section 503(b)(1) requires the FOMB’s Revitalization Coordinator to develop a Critical Project Report within 60 days of the Project submission. Section 503(b)(1)(D) establishes that
In the case of an Energy Project that will connect with the Puerto Rico Electric Power Authority’s transmission or distribution facilities, [the Critical Project Report shall include] a recommendation by the Energy Commission of Puerto Rico, if the Energy Commission determines such Energy Project will affect an approved Integrated Resource Plan, as defined under Puerto Rico Act 57-2014. If the Energy Commission determines the Energy Project will adversely affect an approved Integrated Resource Plan, then the Energy Commission shall provide the reasons for such determination and the Energy Project shall be ineligible for Critical Project designation, provided that such determination must be made during the 60- day timeframe for the development of the Critical Project Report.”
Below you will find the recommendations and determinations of the Puerto Rico Energy Bureau on the proposed Energy Projects to be evaluated under the designation of “critical project”, pursuant to Section 503 of PROMESA.