On July 13, 2015 the Regulation on Certification, Annual Fees, and Operational Plans for Electric Power Companies in Puerto Rico, Regulation 8618, of the Puerto Rico Energy Bureau entered into force. After a public participation process, the Energy Bureau approved Regulation 8701, Amendment to Regulation 8618, which was presented at the State Department on February 17, 2016. The validity date for the Amendment will be on March 18, 2016. In summary, this Regulation includes:
- The rules governing the personal information and the plans that electric power companies must submit to the Energy Bureau.
- The rules governing the content of and the procedures applicable to the requests for certification that must be submitted and obtained by the electric power companies to provide their services in Puerto Rico.
- The rules regarding the levying and payment of annual fees that the Energy Bureau shall levy upon electric power companies that generate revenue for the provision of services in Puerto Rico.
- The rules applicable to requests and the granting of amendments to certifications, suspension, revocation and levying of sanctions.
Required information from existing power companies
This Regulation enforces certain obligations for all electric power company operating in Puerto Rico at the moment this regulation entered into force on July 13, 2015. As a reminder, the most important issues are presented in the next table, updated pursuant the provisions of the Amendment to the Regulation.
|Issue||Provision of the Regulation||Term||Fee|
|Submit Personal Information, Information on gross revenue generated during the last fiscal year and last compiled or audited financial statements||Section 2.01 and Section 4.02||30 days following the date on which the Amendment to the Regulation entered into force.||$100.00|
|Operational Report||Section 2.02||30 days following the date on which the Amendment to the Regulation entered into force.||See section 2.03 of the Amendment to the Regulation|
|Request for Certification||Section 3.02||30 days following the date on which the Amendment to the Regulation entered into force.||See Section 3.07 of the Amendment to the Regulation|
New companies that have not operated in Puerto Rico at the time Regulation No. 8618 entered into force
Article 6.13 of Act 57-2014, as amended, known as the Puerto Rico Energy Transformation and RELIEF Act, and Section 3.01 of the Regulation establish that an electric power company cannot operate or provide any service in Puerto Rico without having requested and obtained a certification from the Energy Bureau. This is why, since the entry into force of this Regulation, all companies that intend to operate or offer services in Puerto Rico must submit to the Energy Bureau:
1. The Personal Information required in Section 2.01 of the Regulation, and
2. The Request for Certification and the Operational Report.
Obligation to maintain updated information, information to be submitted periodically and amendments
The Regulation imposes the obligation to inform any change in the information presented and to submit certain information periodically. Also, it permits the presentation of amendments to the Request for Certification and to request an Amended Certification. To learn details about terms, requirements and applicable fees, review the provisions of the Regulation.
By virtue of Article 6.16 of Act 57-2014, as amended, and Article 4 of the Regulation, all electric power companies that generate revenues from the provisions of electric services in Puerto Rico shall pay the Energy Bureau an annual fee equal to 0.25% of the gross revenue generated during each fiscal year.
The Energy Bureau will inform each electric power company the total amount to be paid resulting from the annual fee, within sixty (60) days of the submission of company’s Gross Revenue Information. The company may opt to pay the annual fee in a single payment, within sixty (60) days after the Energy Bureau notifies the amount to be paid, or in quarterly installments. If the company opts to pay in quarterly installments, it must submit the payments within thirty (30) days from the quarter end date when the payment is due. The due date for the payment installments will be:
- January-March: April 30
- April-June: July 30
- July-September: October 30
- October-December: January 30
As a transition, for the purposes of the fiscal year 2014-2015, or 2015, the Energy Bureau shall inform each electric power company the total amount it must pay within forty-five (45) days of the submission of the company’s Gross Revenue Information. The company may opt to pay the annual fee in a single payment, on or before June 30, or in quarterly installments. If the company opts to pay in quarterly installments, it must submit the payments as follows: first and second installments on or before June 30, third installment on or before September 30 and fourth installment on or before December 31.
All payments required by this Regulation must be made by a company check, cashier’s check or money order made payable to Negociado de Energía de Puerto Rico.
In the event that the check presented did not have enough funds for the collection, an additional fee of $25.00 shall be charged and the company will be required to make the payment by certified check.
Place of Presentation of Documents and Payments
The documents and payments required by the Regulation can be submitted personally at the Energy Bureau Clerk’s Office or sent by regular mail to the following address: World Plaza Building, 268 Ave. Muñoz Rivera, Suite 202, San Juan, PR. 00918.
- NEPR-B01 Personal Information
- NEPR-B02 Affiliate or Subsidiary Entities Continuation Sheet
- NEPR-B03 Operational Report
- NEPR-B04 Request for Certification
- NEPR-B05 Revenues and Financial Statements
- NEPR-Z01 Complementary Sheet
The previous information refers to the Regulation 8701, Amendment to Regulation 8618, on Certification, Annual Fees, and Operational Plans for Electric Power Companies in Puerto Rico, and does not replace or modify the provisions of such Regulation. The objective of this information is to provide a general orientation to the public about the presentation of the information and the documents required by Regulation 8701 with regards to the process of certification of companies, payment of annual fees, personal information and submittal of operational plans of electric power companies in Puerto Rico. It does not constitute and cannot be taken as guidance or legal advice about the obligations and rights of any person or company. If you are part or represent an electric power company, please examine carefully the provisions of the Regulation to learn the scope of your duties, responsibilities and rights.