Governor moves to force NFE to open LNG terminal as federal court fight over AMUR RIVER intensifies
By THE STAR STAFF
Gov. Jenniffer González Colón ordered Puerto Rico’s public‑private energy agencies on Monday to sue NFEnergía LLC in federal court, seeking to compel the liquefied natural gas (LNG) supplier to activate a contractual backup mechanism that would allow the island to import natural gas from an alternate vendor.
The move comes as New Fortress Energy (NFE) remains unable to deliver fuel to Units 5 and 6 of the San Juan power plant because of a federal dispute over the entry of the LNG carrier AMUR RIVER.
Since Sept. 16, NFE has not supplied natural gas to the San Juan units, forcing the system to burn diesel, a more expensive fuel that increases operating costs and heightens reliability concerns. The governor said the contract signed in December 2025 anticipated this scenario and requires NFE to open its terminal for “tolling,” a process that allows the Puerto Rico Electric Power Authority (PREPA), through plant operator Genera PR, to bring in gas from another supplier using NFE’s own facilities.
“NFE has refused to comply,” González Colón said. “We are asking the federal court to order what the contract already provides, so Puerto Rico does not bear the cost and risk of prolonged diesel generation.”
The complaint, to be filed by PREPA, the Public‑Private Partnerships Authority (P3A), and the Third‑Party Procurement Office (3PPO), asks the court to require NFE to confirm the terminal’s availability, designate a representative to coordinate operations, provide protocols for receiving LNG vessels, and refrain from obstructing the arrival of third‑party gas shipments. It also seeks a good‑faith evaluation of the alternate supplier’s vessel and timely negotiation of a tolling agreement.
The action does not seek damages at this stage and does not ask the court to intervene in vessel movements or modify existing orders in the long‑running litigation between NFE and the San Juan Bay pilots over the entry of the AMUR RIVER. Its sole purpose, the governor said, is to enforce the contractual mechanism designed for moments when NFE cannot supply gas.
The lawsuit comes as the AMUR RIVER, the LNG carrier expected to deliver NFE’s next shipment, remains barred from entering San Juan harbor under interim measures imposed by U.S. District Judge Silvia Carreño‑Coll. On Sunday, NFE filed court documents showing that the tanker complies with U.S. Coast Guard standards and passed an inspection. The pilots, however, argued that the vessel exceeds the dimensions authorized in the Coast Guard’s Letter of Recommendation for NFE’s berth and could encroach on the federal channel.
The pilots also argued in a detailed response Sunday that Coast Guard analyses place similar vessels just two feet from the channel when moored — and that AMUR RIVER is wider than any LNG carrier previously received at the terminal.
The pilots also said NFE’s production of Coast Guard communications was incomplete and lacked key documents, including the Subchapter O Endorsement tied to the vessel’s Certificate of Compliance and records of phone calls referenced in Coast Guard emails.
On Monday morning, NFE filed an urgent motion seeking permission to reply, arguing that the pilots had disclosed new information, specifically, Coast Guard “Cleared Vessels Lists” showing AMUR RIVER as screened and cleared “pending port conditions.” NFE said those lists bear directly on whether the Coast Guard has authorized the vessel’s entry and should be considered before the court rules on whether to lift the interim measures.
The AMUR RIVER is expected to return to San Juan today, but its entry remains blocked unless the court determines that NFE has met the conditions required for the pilots to bring the vessel in -- or unless the tolling mechanism allows an alternate supplier to step in.
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