Your electric bill claim was denied: review before the Energy Bureau

The Puerto Rico Energy Bureau is an independent, specialised public entity created by Act 57-2014 to regulate and supervise the electricity industry, adjudicate cases and disputes, and enforce energy public policy. Among its functions, the Bureau itself lists reviewing electricity companies’ determinations about electricity bills. What it does not do is set your bill: the Bureau clarifies that the bill is determined by the electric service company, and that what it evaluates and approves are the proposed rates, so they are fair and reasonable. Formal bill review is governed by Regulations Nos. 8543, 8863 and 9076, which the form itself instructs you to examine before filling it in.

It applies to the customer or consumer who objected to a bill with their electric service company and received a final decision against them. Form NEPR-C01 ends with a signed certification that you have complied with the informal bill objection procedure before the respondent company and with the requirements of Article 6.27 of Act 57-2014 and Regulation 8863. Without that prior step there is no case to review. The amount objected determines the track, and the form lets you opt for the summary one even if your claim exceeds $5,000.

• Having complied with the informal bill objection procedure before the electric service company. The form certifies it under your signature, together with compliance with Article 6.27 of Act 57-2014 and Regulation 8863.Verified against the official source
• Completing every box on NEPR-C01 and marking N/A where it does not apply. If you need more space, using Supplementary Sheet NEPR-Z01.Verified against the official source
• Notifying the respondent company with a copy of the petition stamped by the Clerk and the citation issued by the Secretary, within fifteen (15) days of filing.Verified against the official source
• Filing a motion with the Clerk containing the certification of service of the citation — the back of the citation — and, if you notified by mail, evidence of sending, within ten (10) days of notifying the company.Verified against the official source
• Copying the respondent company, by email and regular mail, on every document you file with the Bureau, and certifying that on the document itself.Verified against the official source

• A copy of the electric service company’s Final Decision, which must include the notification date.
• A copy of the Reconsideration Request you filed with the company.
• A copy of every writing you filed or received as part of the informal bill review procedure before the company.
• The account number, the number of the bill objected to, and the reference or case number with the electric service company.
• All the evidence you consider relevant to support your claim, as annexes.

1. 1

   Step 1: Exhaust the process with the company first

   It is not optional and not a formality: NEPR-C01 ends with a signed certification that you complied with the informal bill objection procedure before the company. If you have not yet objected to the bill with LUMA and requested reconsideration, that is the step, not this one. And keep everything you send and receive, because the form will ask for a copy of all of it.

2. 2

   Step 2: Keep the Final Decision with its date

   The form asks for a copy of the company’s Final Decision and specifies that it must include the notification date. That date sets the clock for filing the review, so if the decision you hold does not carry it, request it before doing anything else.

3. 3

   Step 3: Look at the amount: it decides your track

   The form asks it directly. If the amount objected is under $5,000, your case proceeds under the Summary Procedure. If it is over $5,000, it goes under the Ordinary Procedure unless you indicate otherwise — and there is a Yes/No box to opt for the summary one. It is your decision, not the agency’s, and it is worth taking deliberately because they are two different processes.

4. 4

   Step 4: Write the three blocks the form asks for

   A succinct statement of facts, applicable legal provisions, and the remedy requested. The middle one is intimidating, but the form itself tells you where to look: examine Regulations Nos. 8543, 8863 and 9076 before filling it in. And the third is the one people leave vague: say exactly what you want the Bureau to order.

5. 5

   Step 5: After filing, the work is yours

   This is the part that surprises people. You have fifteen days from filing to notify the company with a copy of the petition stamped by the Clerk and the citation issued by the Secretary. And then you have ten days from that notification to file with the Clerk a motion containing the certification of service — the back of the citation — and, if you sent it by mail, evidence of sending. In addition, every document you file must be copied to the company by email and regular mail, and certified as such on the document itself.

6. 6

   Step 6: Ask the Clerk for the templates

   The checklist itself recommends it: ask the Clerk for templates of Formal Bill Review, complaints and motions, which serve as a drafting reference. The Clerk’s office answers at (787) 523-0270 and (787) 523-0272, and at secretaria@energia.pr.gov.

Before the Clerk of the Puerto Rico Energy Bureau, with form NEPR-C01 and, if extra space is needed, Supplementary Sheet NEPR-Z01. Both download from energia.pr.gov/secretaria/formularios. Clerk’s office: (787) 523-0270 and (787) 523-0272, secretaria@energia.pr.gov. The Bureau also publishes the general address nepr@jrsp.pr.gov.

• Going to the Bureau before exhausting the objection and reconsideration with the company.
• Filing without a copy of the Final Decision, or with one that lacks the notification date.
• Not knowing that above $5,000 you may opt for the Summary Procedure by ticking the box.
• Believing that after filing you just wait: you have 15 days to notify the company and 10 more to certify service.
• Filing documents without copying the company by email and regular mail.
• Leaving the requested remedy vague instead of saying what you want the Bureau to order.

These are the government pages this guide is based on.

• Negociado de Energía de Puerto Rico (NEPR)

  Negociado de Energía

  energia.pr.gov

• Form NEPR-C01 — Formal Review of Electric Service Bills

  Negociado de Energía

  energia.pr.gov

• Formal Bill Review checklist

  Negociado de Energía

  energia.pr.gov

• Energy Bureau — FAQ

  Negociado de Energía

  energia.pr.gov