The Committee on Economic Development, Planning, Telecommunications, Public-Private Partnerships and Energy, chaired by the representative of Luis Raúl Torres Cruz, received today the appearance of Edison Avilés-Deliz, President of the Puerto Rico Energy Bureau, during the public hearings participating in the contract investigation. LUMA Energy.
House Resolution 136 aims to create a comprehensive investigation into the privatization contract of the Electricity Authority (PREPA) that grants the powers of operation, management, maintenance, repair and restoration of the electricity network in Puerto Rico for a period of 15 years to LUMA .
On the second day of public hearings on the measure, Avilés Deliz received extensive answers to questions about his participation in the evaluation and award process of the LUMA contract. “The role of the Energy Bureau in terms of PREPA transactions is limited. Therefore, once the Authority for Public-Private Partnerships (AAPP) completes the procedures entrusted to it, the Energy Bureau assesses whether the proposed contract complies with the public energy policy and the current energy regulatory framework, ”Avilés said in his introductory statement. .
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As part of the tasks of the Energy Bureau, in the process of evaluating the LUMA contract, the issuance of the Energy Compliance Certificate is noted, which, according to the Avilés memorial, is defined as a certificate issued by the Energy Bureau in any PREPA transaction, certifying that the preliminary contract complies with law. on Puerto Rico’s energy policy and its regulatory framework.
The President of the Bureau also explained details of the legal and procedural framework applicable to the alliance contract. He soon received questions from Torres Cruz, who was concerned about Avilés’ participation in the Alliance Committee at the same time as he chaired the Energy Bureau. As can be seen from the quoted official’s presentation, the Bureau is an independent specialized body responsible for regulating, supervising, supervising and enforcing the public energy policy of the Government of Puerto Rico.
“In accordance with Law 29-2009, the chairman commissioner was appointed by the AAPP Board of Directors to the Alliance Committee for the knowledge and experience related to the alliance in question. Their participation is not prohibited or prevented by Law 120-2018. The law expressly provides that the Bureau provides the technical, expert, financial and human resources assistance that AAPP requests to ensure the success of each PREPA transaction “, explained the President of the Energy Bureau, Edison Avilés.
For his part, representative Torres Cruz mentioned that, in order to answer questions about a possible conflict of interest in Avilés’ participation in the LUMA contract, an executive hearing will take place next Friday, February 26, at 10:00 am. “There will be a vote for a possible assignment of government ethics,” Torres said.
After presenting several cases about officials participating in various stages of the public-private partnership process, Avilés noted that “it is necessary to clarify that (their participation in the evaluation and award of the contract) does not constitute a conflict of interest under applicable law-29-2009 ”. Also, in its explanatory statement, it appears that, in order to avoid conflicts of interest that might be borne by members of the Alliance Committee, Law 29 provides that “they may not be affiliated or have a direct or indirect economic interest with any promoter or Contractor “, explained Avilés, who assures that they have no economic interest with LUMA.
The Partnership Committee was appointed by the AAPP Board of Directors and appointed as members the Executive Director of the Puerto Rico Tax Agency and the Financial Advisory Authority (AAFAF), the Executive Director of PREPA, Engineer Ralph Kreil Rivera, as a member of PREPA The Board of Directors, Mr. Edison Avilés Deliz, President of the Energy Bureau, and Jorge Morales, Director of Property Management of Puerto Industrial Development.
The public hearing featured sign language interpreters and was broadcast via the Puerto Rico House of Representatives’ Facebook page.