Solar developer complains to energy regulator, says PREPA is stalling project

Clean energy developers Greenbriar Sustainable Living Inc. and PBJL Energy Corp. insist that the project submitted under an accelerated request for proposals is materially different from one in a 2023 Settlement Agreement that covered only a solar facility, describing it as a hybrid solar‑plus‑storage installation with a significantly expanded footprint.

By THE STAR STAFF

Greenbriar Sustainable Living Inc. and PBJL Energy Corp. have asked the Puerto Rico Energy Bureau (PREB) to intervene after months of stalled negotiations with the Puerto Rico Electric Power Authority (PREPA), arguing that the delays threaten the viability of their proposed Montalva Solar Farm and Battery Storage Project. 

The developers, identified in the proceeding as Proponent No. 7, filed a motion on July 16 through CCD Law Group requesting formal relief and a directive compelling PREPA to resume work on the agreements required under the PREB’s accelerated renewable‑energy evaluation process.

The motion is part of a process that governs the expedited review of renewable‑energy and storage projects seeking to secure federal Investment Tax Credits. Greenbriar and PBJL say they have complied with every step ordered by the PREB, including submitting updated drafts of the power purchase agreement, the operating agreement, and the energy storage service agreement. Despite this, they argue that PREPA has not responded to their filings, has not provided comments on the proposed contract language, and has not supplied the correct hybrid energy storage services agreement, or ESSA, version that other proponents have received.

A central point of contention is PREPA’s characterization of the Montalva project as identical to a 2023 Settlement Agreement that covered only a solar facility. The developers insist that the project submitted under the accelerated request for proposals (RFP) is materially different, describing it as a hybrid solar‑plus‑storage installation with a significantly expanded footprint. The new design includes a 40‑megawatt battery system, with the option to expand to 80 megawatts, and a solar field roughly 50% larger than the one contemplated in the legacy agreement. They argue that PREPA’s reliance on the older settlement terms is obstructing progress and contradicts the PREB’s directives.

In their filing, Greenbriar and PBJL ask the PREB to take notice of PREPA’s lack of responsiveness and to order the utility to resume negotiations immediately. They also request that PREPA be required to provide written comments on all submitted documents within five business days and to acknowledge that the Feb. 9, 2026 Best and Final Offer governs the commercial terms of the project. The motion further seeks clarification that the expanded hybrid project qualifies under the accelerated RFP process and should not be constrained by the terms of the earlier solar‑only settlement.

The motion concludes with a certificate of service confirming electronic submission to the PREB and notification to PREPA officials. The PREB has not yet issued a ruling, but the developers warn that continued delays could jeopardize federal tax credit eligibility and slow Puerto Rico’s progress toward its renewable‑energy targets.