Autoridad Para Las Alianzas Público Privadas Y Otros v. Luma Energy Y Otros

Summary

The Supreme Court of Puerto Rico granted two intrajurisdictional certification petitions and consolidated them, immediately taking up the litigation over whether the November 30, 2022 'Carta-Extensión' — which replaced the 18-month automatic termination of LUMA's supplemental contract with an indefinite term tied to PROMESA Title III exit — is null, and set a 30-day briefing schedule while directing petitioners to specify with precision the remedies or transition process if they prevail. The merits of the nullity question were not decided. Concurring votes by Judges Feliberti Cintrón, Estrella Martínez and Rivera Pérez justified certification on urgency, the purely legal and threshold character of the question, and the highest public interest in an essential service. Judge Kolthoff Caraballo dissented, and Judge Colón Pérez, joined by Chief Justice Oronoz Rodríguez and Judges Martínez Torres and Kolthoff Caraballo, dissented because LUMA's compulsory counterclaims require discovery and factfinding below and early certification improperly fragments the litigation.