LUMA objects to designating food establishments as critical service infrastructure

The designation of critical service infrastructure will also allow for the enactment and exercise of regulatory powers to control electricity bills during emergencies through a maximum monthly electricity bill payment to prevent economic distress in the sector.

By The STAR STAFF

LUMA Energy, the private operator of the Puerto Rico Electric Power Authority’s (PREPA) transmission and distribution system, is objecting to proposed regulations presented by business groups to the island’s energy regulator that would classify food supply establishments as critical service infrastructure.

LUMA Energy in a statement said allowing for such a designation is outside of the Puerto Rico Energy Bureau’s (PREB) jurisdiction or scope of powers.

The Marketing, Industry and Food Distribution Chamber (MIDA) submitted the proposal last year as part of the draft of a new Integrated Resources Plan (IRP), the proposed long-term blueprint for the energy sector. The Puerto Rico Chamber of Commerce supports the proposal, according to documents.

“It is in the best interest of the government, the public sector and the citizens that the private food supply chain is guaranteed a continued operation during emergencies to avoid extreme disruptive measures to provide food and supply to the population,” MIDA said.

Inclusion in the IRP as a critical service industry will give this sector a high priority in the electric power restoration work, including power generation, transmission and distribution required by the food supply establishments to guarantee the safety and freshness requirement of the food inventories, including refrigerated and canned goods, MIDA said.

The designation of critical service infrastructure will also allow for the enactment and exercise of regulatory powers to control electricity bills during emergencies through a maximum monthly electricity bill payment to prevent economic distress in the sector.

These establishments would also get priority treatment to obtain fuel supply for emergency generators and for truck transportation of food and supplies. Employees in these food establishments will also get priority in the use of public transportation.

More importantly, these establishments will get priority access to ports and airports to maintain food supply and to potable water services and restoration.

According to LUMA’s review of the proposed regulation, it covers a wide range of topics, most of which are likely outside the PREB’s jurisdiction as food supply establishments would be entitled to certain priority treatments with regards to emergency recovery and public service restoration efforts.

“LUMA notes that several of the matters addressed in the proposed regulation are likely outside the bounds of the Energy Bureau’s jurisdiction and expertise, or impact determinations regarding emergency recovery and restoration activities made by other entities, including federal and state government entities,” the private operator said.

“LUMA recommends the Energy Bureau consider and narrow its determinations to only those matters that are within its jurisdiction and relate to the power an authority delegated to it,” by the law, LUMA said.