The Energy Commission shall regulate the wheeling mechanism in the Commonwealth of Puerto Rico. In doing so, the Commission shall establish the rules and conditions to ensure that wheeling does not affect in any way whatsoever (including technical problems and rate increases) nonsubscribers of wheeling services, as well as the rules necessary for implementation of a system that allows exempt business described in § 10642(d)(1)(H) of Title 13, known as the “Economic Incentives Act for the Development of Puerto Rico”, or similar provisions in other incentive laws, to purchase electric power from other entities through wheeling services. Likewise, the Commission shall consider, among others, the following factors when regulating the wheeling service:
(a) The state of the transmission and distribution infrastructure, the loss of energy related to this stage of operations, and the cost thereof.
(b) The reasonable conditions that must be established to guarantee the protection and the proper and efficient maintenance of the transmission and distribution infrastructure.
(c) The criteria that must be considered in determining the rates to be charged for transmission and distribution services, so that the costs remain at a reasonable level, thus making the use of this mechanism feasible, and promoting production of energy and the competitiveness of Puerto Rico in terms of service costs and availability, thus safeguarding the interests of the People, including the distance between the electric power company and energy subscribers without adversely affecting wheeling nonsubscribers.
(d) In determining wheeling rates there shall be included a contribution from power producers for grid maintenance, as well as ancillary services in proportion to the amount of energy injected into the grid, the distance between the producer and the private customer, and any other necessary technical considerations recognized worldwide that make wheeling feasible taking into account the particularities and geographic and physical limitations of the electric power infrastructure of Puerto Rico.
(e) The best practices of other jurisdictions that have implemented the wheeling mechanism and the convenience of applying them in Puerto Rico.
History —May 27, 2014, No. 57, § 6.20.