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A coalition of 28 organizations, including U.S. and Puerto Rican nonprofits and solar and battery companies, has filed an Amicus brief in federal court opposing the Financial Oversight and Management Board for Puerto Rico (FOMB). The coalition argues that FOMB’s legal challenge to Act 10 – a law extending Puerto Rico’s net metering program through 2030—threatens the island’s progress in solar energy and resilience.
Act 10, enacted in January, was passed unanimously by Puerto Rico’s House and Senate with no opposition from the island’s regulator. The law aims to support affordable solar energy access by allowing solar customers to receive bill credits for excess solar power sent back to the grid. Currently, 10% of Puerto Rican homes have solar systems with battery backups due to net metering, a policy advocates hope will eventually reach the remaining 90% of the population.
FOMB contends that Act 10 obstructs the Puerto Rico Energy Bureau from conducting a mandated study on the effects of net metering and energy distribution until at least 2031, potentially limiting regulatory oversight. The coalition’s brief, supporting positions taken by Governor Pierluisi and the Puerto Rico Senate President, calls for the lawsuit’s dismissal, arguing FOMB lacks the authority to challenge a law that merely adjusts a longstanding policy’s sunset date.
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The brief highlights that FOMB’s stance disregards the unanimous support for Act 10 across Puerto Rico’s political spectrum, evidenced by bipartisan legislative votes and a May 2024 letter from 21 U.S. Congress members urging FOMB to abandon its opposition to solar initiatives. National and Puerto Rican nonprofits have also requested White House intervention to protect Puerto Rico’s path toward renewable energy.
FOMB was established by the U.S. Congress in 2016 to address Puerto Rico’s financial crisis, with a mandate to settle the island’s debt and restore fiscal stability. While most bankruptcies are now resolved, the restructuring of Puerto Rico’s electric utility, PREPA, remains outstanding, prolonging FOMB’s oversight role.
Source: Solar Power World
