Esta ley enmienda la Ley de la Autoridad de Energía Eléctrica de Puerto Rico para establecer un plazo máximo de 120 días para que la Autoridad notifique a los clientes residenciales sobre errores en el cálculo de facturas de consumo eléctrico. Después de este plazo, la Autoridad no podrá reclamar cargos retroactivos por dichos errores, a menos que se trate de casos donde el medidor no sea accesible o por causas de fuerza mayor.
(Approved December 8, 2002)
To amend subsection (1) of Section 6 of Act No. 83 of May 2, 1941, as amended, known as the "Puerto Rico Electric Power Authority Act," to establish a maximum term of one hundred and twenty (120) days, from the issuance date of the invoice for electric service consumption, to notify clients of errors in calculation and to provide that once said term concludes, the Authority shall not claim retroactive charges for said errors, such as those of the administrative or operational kind, or for an erroneous reading of electric power service consumption meters. This shall only apply to residential clients; it shall not apply to commercial, industrial, or institutional clients, or of any other kind. In those cases in which the client keeps the meters out of our readers' visual reach, or when any act of God occurs that hinders a meter reading, such as hurricanes, among others, this measure shall not apply to invoices issued based on consumption estimates.
Section 6 of the Organic Act of the Electric Power Authority (the Authority), Act No. 83 of May 2, 1941, as amended, establishes the general powers said government entity has pursuant to the purposes of conserving, developing and utilizing water and energy resources for making available to the inhabitants of Puerto Rico in the widest economic manner the benefits thereof.
Pursuant to said purpose, the Legislature granted to the Authority the power to "determine, fix, alter, charge, and collect reasonable rates, fees, rentals and other charges for the use of the installations (sic) of the Authority, or for the services, electric energy, or other commodities sold,
rendered, or furnished by it" [Subsection (1), Section 6, supra.], and to prescribe, adopt, amend and repeal bylaws and regulations governing the manner in which its general business may be conducted" [Subsection
(c) , Id.].
Notwithstanding, even though the Authority fully complies with the duty assigned by this Legislature, we understand it is sensible to intervene and amend the Organic Act in order to establish the maximum term of one hundred and twenty (120) days from the issuance date of the invoice for electric service consumption to notify clients of errors in calculation.
We understand it is unfair that a client of the Authority who has duly made his/her payments for electric service consumption be subject in the future to be required to pay retroactive charges that were not charged or collected in the timely manner by the Authority. Therefore, we hereby make illegal any action conducted by the Authority to attempt to collect retroactively any charges that were not timely claimed on time due to error in the original calculation. PREPA shall make the corresponding changes in its administrative and managerial process to comply with this order, without resulting in additional administrative charges or in an increase of the current charges, or a raise in consumption fees for its clients.
Section 1.- Subsection (1) of Section 6 of Act No. 83 of May 2, 1941, as amended, is hereby amended to read as follows: "Section 6. Powers of the Authority The Authority is created for the purpose of conserving, developing, and utilizing, aiding in the conservation, development, and utilization of water and energy resources of Puerto Rico to make available to the inhabitants of the Commonwealth, in the broadest economic manner, the benefits thereof,
and, by this means, to promote the general welfare and increase commerce and prosperity; and the Authority is granted and shall have and may exercise all rights and powers necessary and convenient for attaining the aforesaid purposes, including (but without limiting the generality of the foregoing), the following:
(a) ... (I) determine, fix, alter, charge, and collect reasonable rates, fees, rentals and other charges for the use of the installations of the Authority, or for the services, electric energy, or other commodities sold, rendered, or furnished by it, which shall be sufficient for the payment of the expenses of the Authority incurred in the conservation, development, improvement, extension, repair, maintenance, and operation of its facilities and properties, for the payment of the principal of and interest on its bonds, and for fulfilling the terms and provisions of such covenants as may be made with or for the benefit of the purchasers or holders of any bonds of the Authority. It is also provided that upon fixing rates, fees, rentals, and other charges for electric energy, the Authority shall have in view the encouragement of the widest economically possible diversified use of electric energy.
The Authority shall have a maximum term of one hundred and twenty (120) days from the issuance date of the invoice for electric service consumption, to notify clients of errors in calculation. Once said term concludes, the Authority shall not claim retroactive charges for said errors, such as those of the administrative or operational kind, or for an erroneous reading of electric power service consumption meters. This shall only apply to residential
clients; it shall not apply to commercial, industrial, institutional clients, or of any other kind. In those cases in which the client keeps the meters out of our readers' visual reach, or when acts of God happen that hinder meter reading, such as hurricanes, among others, this measure shall not apply to invoices issued based on consumption estimates.
Before changes in the general rate structure for the sale of electric power service are made, or, in cases where the Board shall decide to make changes and deems the immediate effectiveness thereof to be necessary, then, within a reasonable term after such changes are made, a public hearing shall be held with respect thereto before the Board of the Authority, or before such officer or officers as the Board may designate, and upon such hearing, the Board, pursuant to the powers, duties and obligations vested by this Act, may alter, suspend or revoke such changes.
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 272 (H.B. 756) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection (1) of Section 6 of Act No. 83 of May 2, 1941, as amended, known as the "Puerto Rico Electric Power Authority Act," to establish a maximum term of one hundred and twenty (120) days, from the issuance date of the invoice for electric service consumption, to notify clients of errors in calculation and to provide that once said term concludes, the Authority shall not claim retroactive charges for said errors, such as those of the administrative or operational kind, or for an erroneous reading of electric power service consumption meters. This shall only apply to residential clients; etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $20^{ ext {th }}$ of August of 2004.
Elba Rosa Rodríguez-Fuentes Director