Liquids and Water Transport v. Autoridad De Acueductos Y Alcantarillados De Puerto Rico

Summary

The court held that the agency could not use its own preexisting study to supply the applicant's burden of proving the need for a tariff increase when the proceeding was initiated by the concessionaire. Because the applicant presented no meaningful proof and the study was not disclosed or subject to examination by affected parties, the agency violated the governing statute, its regulation, and administrative due process. The court therefore revoked the intermediate appellate court's judgment and declared the agency's tariff order null.