Solar panel customers in Puerto Rico in limbo due to Sunnova bankruptcy

By The Star Staff

Customers benefiting from the financing plans of the solar energy company Sunnova in Puerto Rico remain in limbo, according to testimony at a public hearing held by the Senate Committee on Transportation, Telecommunications, Public Services, and Consumer Affairs, chaired by Sen. Héctor Joaquín Sánchez Álvarez.

Sunnova TEP Developer LLC filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern District of Texas.

Consumer Affairs (DACO by its acronym in Spanish) Secretary Valerie Rodríguez Erazo noted that since January 2024, 661 solar panel lawsuits have been filed; there are currently more than 400 active and 261 adjudicated. Most of the lawsuits are on hold as a result of Sunnova’s bankruptcy filing, which prevents a final adjudication.

“Multiple cases have been identified in which the plaintiffs have requested contract cancellation, removal from the system, reimbursement of funds, or equipment repair,” Rodríguez Erazo stated at the public hearing.

She added that the high number of active cases in administrative proceedings combined with the legal effects of the bankruptcy represents a financial burden for the agency, which she said lacks specialized personnel. For this reason, Rodríguez Erazo requested that DACO be provided with the necessary fiscal resources “to fully comply with any responsibilities that may arise.”

Attorney Beatriz González of the Independent Consumer Protection Office of the Public Service Regulatory Board said that “although it would be premature to establish specific measures for consumers until the bankruptcy process is concluded, it is imperative to initiate the investigation. …”

“For several months now, we have been trying to meet with a senior Sunnova official to investigate the same concerns that motivated this measure,” she said.

González did not rule out, if necessary, using her powers before the Energy Bureau to ensure that the company that acquires the assets related to the loans, leases, and purchase agreements complies with its obligations.