Judge dismisses suit that sought to stop natural gas monopoly
- The San Juan Daily Star
- Aug 5
- 2 min read
By The Star Staff
Superior Court Judge Anthony Cuevas Ramos has dismissed former Puerto Rico Electric Power Authority board head Luis Aníbal Avilés Pagán mandamus petition that sought to compel the government to halt the consolidation of a monopoly over natural gas in the U.S. territory.
The court held that it lacked the authority to issue the type of relief sought, a mandamus or order against a public official. Instead, the judge noted that the plaintiff would have to seek a declaratory judgment, through which a court can adjudicate the application of a law to a particular set of facts.
“From the outset, this court noted that the acts that allegedly constitute breaches of ministerial duties by the co-defendant officials date back to 2018 and extend to the present… the chronological order of the events and their outcome are incompatible with the mandamus action. Plaintiff essentially seeks that this court retroactively declare these acts null and void through a mandamus action,” the judge reasoned.
“Contrary to Plaintiff’s theory, contracts entered into by the agencies and/or public corporations herein in past years cannot be challenged through a remedy such as mandamus. Instead, Plaintiff has at its disposal the mechanism of a declaratory judgment,” he concluded.
At the center of the lawsuit is the exclusive contract awarded to New Fortress Energy (NFE) for the operation of Piers A and B at the Port of San Juan. The lawsuit contends that the natural gas supply contracts were signed without effective competition or adequate regulatory review.
“This appeal requests something fundamental: strict compliance with the laws of Puerto Rico. It seeks to prevent the establishment of a vertically integrated private monopoly over natural gas, which would violate the current legal framework. The complacency of these agencies cannot be allowed to transform essential infrastructure into an asset controlled by a single entity,” stated Avilés Pagán.
It seems that Superior Court Judge Anthony Cuevas Ramos agrees with the Plaintiff's issue as imply in the direction where he steers the plaintiff; I can't go along with the mandamus petition, however you should "seek a declaratory judgment, through which a court can adjudicate the application of a law to a particular set of facts."
It's certainly encouraging to see the judicial system on the side of the law and, in defending the rights of the people of PR. Instead of dismissing Mr. Avilés Pagán's request, the court redirect his efforts toward a plausible option within the system; by acknowledging his motion the court safeguard the country's interest from a crippling monopoly. Since the current NPP administration is recalcitran…