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FOMB, New Fortress Energy Threaten Puerto Rico’s Effort to Install Lifesaving Rooftop Solar Power

The good news from Puerto Rico is that in the seven years since Hurricane Maria devastated the island’s electrical system, the number of rooftop solar panels has increased significantly. From 8,000 rooftop installations in 2017, there are now over 117,000 (almost 10% of households on the island) with a total generating capacity of 813 megawatts (MW). New installations are added on average over 3,000 per month – and are largely implemented without any subsidies.

Residents and community organizations in Puerto Rico have stepped up to install new solar energy systems to provide a lifesaving supply of electricity. These efforts are urgently needed because the wide range of federal, local, and private entities supposedly responsible for Puerto Rico’s electric system have failed; today’s system is more fragile and less reliable than it was before Hurricane Maria.

Puerto Rico’s renewable energy push is legal, affirmed by the Financial Oversight and Management Board (FOMB) in previous budgets, and approved through a rigorous planning process by the Puerto Rico Office of Energy. This consensus was built through painstaking efforts to unite the organization. The island’s energy company has gone bankrupt and continues to fail to balance its budget. Last year, fuel and purchased energy (oil, diesel, coal and gas) consumed 71% of the budget. Renewable energy is essential to stabilize costs and ensure budget balance.

However, the two biggest threats to renewable energy in Puerto Rico right now are: (1) the FOMB’s efforts to eliminate net metering and (2) aggressive pressure from New Fortress Energy (a privatized operator of a select generation system under questionable circumstances) to sell more gas to the island earth.

Under Puerto Rico law, net metering – a policy under which residential solar installations can receive a credit equal to the retail rate for electricity exported to the grid – was to remain in effect until 2024, when Puerto Rico’s Office of Energy was to conduct a policy impact study with possibility of introducing changes. At the end of 2023, the legislature extended net metering until 2030; the law was signed by Governor Pedro Pierluisi in January 2024.

Law recognized the importance of the existing net metering structure in supporting the ability of home and business owners to pay for rooftop solar installations. The law made this clear rooftop solar and storage installation is currently the only way to family and enterprises can isolate themselves from a constantly unreliable and fragile network.

However, in April and then again in May, the FOMB told the Puerto Rican government that this new law was inconsistent with the approved budget plan. The board argued that the new law constituted political interference in the operations of the island’s public utility and was not supported by sound fiscal analysis. It is clear from the board’s letters and prior budget plan that the board would prefer net metering to be weakened.

However, FOMB’s letters from its general counsel and executive director missed a crucial point: the large increase in the number of rooftop solar panels in Puerto Rico. The public is installing solar panels on its own because, almost eight years after the creation of the FOMB, none of the responsible authorities have been able to ensure a sufficient supply of electricity for Puerto Rico’s residents and businesses.

According to official calculations by the Puerto Rican government, 2,975 people died as a result of Hurricane Maria in 2017. The FOMB response is to thoughtlessly ignore this fact.

It is truly unfortunate that the FOMB views recent legislative action as “political interference.” This reflects the inability of the FOMB to become a force for constructive change and consensus building after eight years. Beyond the numbers, the ultimate goal of the Control Board is a constructive fiscal environment, and the FOMB has essentially failed to achieve that goal.

The FOMB has broad powers under the Puerto Rico Oversight, Management and Economic Stability Act of 2016 (PROMESA) to challenge any provisions of Commonwealth law that it deems inconsistent with the approved budget plan. It is likely that the FOMB will take Puerto Rico to court over this matter.

If the FOMB prevails in the lawsuit and net metering compensation is significantly reduced, it will likely have a devastating impact on Puerto Rico’s rooftop solar sector. California provides a useful lesson. In April 2023 California has reformed its net metering pay structure, reducing it by between one-third and one-half of the retail rate. New installations dropped by 66% to 83% across utility territories in the first five months after the policy went into effect.

If the FOMB prevails, it will also advance the interests of those who would like to see Puerto Rico’s energy future rely on natural gas rather than renewable energy.

The second major threat on the horizon is natural gas supplier New Fortress Energy. In addition to supplying natural gas to PREPA’s San Juan power plant and temporary generators installed after Hurricane Fiona, New Fortress subsidiary Genera won a contract in 2022 to operate all PREPA power plants for 10 years. The Puerto Rican government’s decision to award a gas supplier a contract to operate most of the island’s power generation system – almost all of which is reaching the end of its useful life – represents a serious conflict of interest. It can no longer be missed.

In May 2024, New Fortress announced to its investors that it saw strong opportunities to sell more natural gas to Puerto Rico. It described Puerto Rico’s energy future as powered primarily by natural gas and “filled” by solar energy and storage.

Even more scandalous is looking at the numbers that New Fortress presented to investors. If one takes seriously the amount of gas that New Fortress says it has a “chance” to sell to Puerto Rico, the total amount would exceed Puerto Rico’s current energy production, which is expected to decline over time. In other words, New Fortress wants Puerto Rico’s energy future to be 100% gas-based. The company is already submitting applications to the Puerto Rico Energy Office to begin converting existing power plants to gas.

In short, while rooftop solar has achieved important success in Puerto Rico over the past few years and has provided resiliency to over 100,000 households, the island’s energy future remains hotly contested.