The decision appears to be an end to a two-week standoff
The U.S. District Court on Thursday authorized the LNG carrier AMUR RIVER to enter San Juan Harbor, adopting a solution proposed by NFEnergia LLC that clears the way for the vessel to finally discharge fuel at the company’s Puerto Nuevo terminal after two weeks of delay and escalating legal friction.
The ruling came hours after Puerto Rico’s maritime pilots told the court they were prepared to bring the vessel in under NFE’s operational framework, even as they accused the company of abruptly abandoning negotiations that were still active late Wednesday night. Their filing marked the latest turn in a dispute that has repeatedly swung between near‑resolution and renewed conflict, straining the island’s already tight fuel inventories.
The court’s order accepts NFE’s voluntary offer to coordinate and pay for two standby tugs during other vessel transits while the AMUR RIVER is berthed — a measure the company has insisted is unnecessary and not its responsibility. The judge made clear that the payment does not constitute an admission that the vessel encroaches on the Puerto Nuevo Channel, that the tugs are required, or that NFE must bear their cost. All parties’ allegations and defenses remain preserved.
NFE said the arrangement allows the use of escort tugs already operating in the bay without requiring their continuous presence alongside the vessel. The company will assume the cost each time the AMUR RIVER calls at its terminal under the conditions of the order, while maintaining its position that the expense does not legally fall on NFE.
“Our priority is ensuring Puerto Rico has the natural gas it needs for more affordable electrical generation,” said NFE attorney Alberto Castañer. “We presented a concrete solution to address the concerns raised and facilitate the safe entry of the AMUR RIVER, while preserving all parties’ positions in the case.”
Pilots say negotiations were still active
Earlier in the day, the pilots submitted a filing describing a different end to the negotiations. They said NFE circulated a second draft stipulation at 6:55 p.m. on September 30 and demanded a response by 9:30 p.m. The pilots sent their redline at 8:39 p.m., well before the deadline, but say NFE never replied. Instead, at 1:39 a.m., the company filed a motion declaring an impasse and minutes later notified the pilots by email.
“Consistent with the good‑faith negotiation the parties undertook at the hearing, NFE should have responded to Plaintiffs’ proposed edits rather than declare an impasse,” they wrote, arguing that the breakdown forced both sides into “negotiating the terms through filings, when they should be concluding them directly with each other.”
Despite the friction, the pilots told the court they accept the structure of NFE’s proposed order and are ready to bring the vessel in under it. Their version restored terms they said were already agreed upon: the 10‑knot wind limit, daylight maneuvers, preservation of the pilot’s professional judgment, identification of the standby tugs as part of the four‑tug escort complement, continuation of the arrangement for as long as the vessel calls at NFE’s terminal, and joint notice to the Coast Guard. They also proposed a six‑hour window for the Coast Guard to object, citing the Captain of the Port’s statutory authority.
The pilots included the factual basis for their encroachment concerns, noting that NFE invited them to do so and that the court directed them to provide the information. Their draft states the encroachment issue as the pilots’ view and includes NFE’s denial.
Conditions for entry
The court’s order requires that the AMUR RIVER enter with winds of 10 knots or less, including gusts, and that the maneuver ideally occur during daylight. Pilots must provide their services while exercising their professional judgment, and all parties must comply with any directive issued by the Coast Guard’s Captain of the Port.
The order applies only to the AMUR RIVER and does not extend to other NFE vessels, which will continue operating under existing protocols without standby‑tug requirements.
With judicial authorization now in place, NFE estimates the AMUR RIVER will be able to berth on Friday, subject to weather and operational conditions. Its arrival is expected to accelerate the restoration and stabilization of Puerto Rico’s natural‑gas supply, which utilities have warned is increasingly strained.
