Court orders Energy Bureau to release report on power contract changes
A San Juan Superior Court judge has ordered the Puerto Rico Energy Bureau to release a key document to a nonprofit organization seeking greater transparency in energy policy.
The Institute for Competitiveness and Economic Sustainability (ICSE, in Spanish) had petitioned the court to compel the agency to turn over the so-called FTI Report, a contract evaluation prepared by the firm FTI Consulting, which evaluates a proposed amendment to the public-private partnership between Genera PR and the Puerto Rico Electric Power Authority.
According to ICSE, the amendment would remove consumer-focused savings incentives in exchange for a $110 million increase in payments to Genera PR.
The court ruling, issued by Judge María Cabrera-Torres, came in response to a mandamus petition ICSE filed June 9 following two months of failed public records requests. In the decision, the judge wrote that “continuing to delay the disclosure of the FTI Report violates fundamental constitutional rights,” including access to public information, and contradicts government transparency policies.
“This case reaffirms the right to access to information as a mechanism for realizing citizen participation and the evaluation of public management in a democracy,” said Fernando E. Agrait, legal director at ICSE. He added that energy decisions must be made with public input based on full disclosure.
The group has been critical of the proposed amendment, saying it would eliminate financial and managerial controls tied to performance. ICSE said it plans to continue advocating for accountability and will take part in evaluating future changes to electricity rates in Puerto Rico.
