Transition Committee members unconvinced by Justice Dept. opinion on LUMA contract

Justice Secretary Domingo Emanuelli Hernández

By The Star Staff

Ramón Luis Rivera Cruz, who chairs the Incoming Transition Committee of governor-elect Jenniffer González Colón, said Tuesday that the opinion that Justice Secretary Domingo Emanuelli Hernández issued on Nov. 15, 2022, on the LUMA Energy contract was “a wishy-washy.”

“Everyone knows that the contract can be legal between two parties, they negotiated some specific parts, but I expected that the Department of Justice could delve into it and determine if some form or way could be identified that the contract could be canceled or otherwise, that it cannot be canceled, because it does not have the tools for those purposes,” Rivera Cruz said at a press conference. “So that was merely saying that the contract was legal.”

One dictionary definition of the term “wishy-washy” is “something dull, bland or water down.”

Emanuelli Hernández said during Tuesday’s hearing before the Transition Committee that the opinion he issued, at the request of the Public-Private Partnerships Authority (P3A) in no way evaluated the compliance of LUMA, the consortium that manages the electric power transmission and distribution system.

“What I tell them is, look, the contract is valid and has some mechanisms to break the contract or go to court. Other than that, no, because it was not entrusted to me,” the Justice chief said in response to questions from attorney Verónica Ferraiouli Hornedo.

“If the circumstances we live with today are a breach or not, you do not show that?” Ferraiouli Hornedo asked.

“I did not study that because it was not presented to me,” Emanuelli Hernández answered.

“And apart from this opinion that you issued, you have studied whether there has been any circumstance that could lead to a breach,” Ferraiouli Hornedo continued. “Have you done any study or has the Department of Justice done anything, or do you know of any study or any memorandum, any opinion letter that has to do with LUMA’s compliance with its responsibilities under the contract?”

“No,” the Justice secretary answered.

In a press conference, Emanuelli Hernández insisted that the only one authorized to evaluate breach of contract is the P3A.

“To begin with, the P3A is the entity that can supervise that contract and request the review or file a lawsuit,” he said. “If they understand that their lawyers are not sufficient to file that lawsuit for nullity or termination of the contract, then they ask for a waiver from Justice and Justice decides whether or not it is to be given. But in these types of cases, generally, the P3A has its own law firms and they handle those cases.”

“And if, for example, the governor asked the appointed Secretary of Justice for an opinion on LUMA’s non-compliance, do you understand that the Department of Justice could not give it?” he was asked.

“The fact is that not even the governor can ask for it; it is the P3A,” Emanuelli Hernández said. “The P3A is the one that can ask for that opinion and it is by bringing all the documentation, seeing how evidence is being obtained through the different stages of non-compliance. That is not as easy as people imagine. And I say that it is difficult because it is a responsibility that one has to take to recommend that it be left without effect.”

“I thought that the Secretary of Justice was the attorney for the governor and the attorney for the people and I do not see any reason why he cannot say ‘I made the assignment and I understand if there has been non-compliance,’” Ferraiouli Hornedo stated at a press conference in response to Emanuelli Hernández’s argument. “But I do not understand why the secretary of Justice should make a legal determination. It is his job to tell the governor what the state of law is on things.”