Client Alert

Public-Private Partnerships Authority's Proposed Regulation for the Procurement, Evaluation, Negotiation and Award of Partnership Contracts and Sale Contracts For the Transformation of the Electric System Under
Act No. 120-2018, as amended

February 3, 2019

The Public-Private Partnerships Authority (P3 Authority) released a proposed regulation to establish the procurement, evaluation, selection, negotiation and award process for partnerships with respect to any function, service or facility of the Puerto Rico Electric Power Authority (PREPA) and sale contracts of PREPA assets related to energy generation. Among others, the proposed regulation provides guidance and procedures such as, but not limited to:
  • Identifying the functions, services or facilities for which partnerships will be established.
  • Identifying which PREPA assets related to energy generation will be sold or transferred through one or more sale contracts.
  • Soliciting, obtaining and evaluating proposals for PREPA transactions.  
  • Selecting the entities or individuals that will enter into transformation contracts with PREPA.
  • Negotiating and awarding transformation contracts.

The proposed regulation only applies to PREPA transactions as this term is defined in Act No. 120-2018, as amended. The PREPA transactions essentially refer to the partnerships or sale contracts involving PREPA assets related to energy generation.
Any comments to the proposed regulation must be submitted to the P3 Authority not later than February 15, 2019 @ 11:59 pm.

Goldman Antonetti & Córdova, LLC stands ready to assist as you and your business adjust to Puerto Rico's regulatory and legal changes. If you need further assistance in this area, please contact the following members of our firm:

Alicia Lamboy Mombille, Esq.
Gretchen Méndez, Esq.

Although the information included in this document may concern legal issues, it is not a legal opinion or professional advice and clients shall not use it as such. We assume no responsibility or liability of any kind for any information contained herein, and we expressly disclaim all liability for any claim for damages arising from the use, reference to, or reliance on, such information. If legal or other expert assistance is required, the services of a competent professional should be sought.