230309 ORD RE GENERA ADMIN EXP VERSION MARCH 9, 2023 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO, et al.,

Debtors. 1

PROMESA

Title III

No. 17 BK 3283-LTS

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND MANAGEMENT 

BOARD FOR PUERTO RICO,

as representative of 

PUERTO RICO ELECTRIC POWER AUTHORITY,

Debtor.

PROMESA

Title III

No. 17 BK 4780-LTS

ORDER ALLOWING ADMINISTRATIVE EXPENSE CLAIM FOR 

COMPENSATION FOR MOBILIZATION SERVICES UNDER THE PUERTO RICO 

THERMAL GENERATION FACILITIES OPERATION AND MANAGEMENT AGREEMENT

 

1 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number and the last four (4) digits of each Debtor’s federal tax identification number, as 

applicable, are the (i) Commonwealth of Puerto Rico (“Commonwealth”) (Bankruptcy 

Case No. 17-BK-3283- LTS) (Last Four Digits of Federal Tax ID: 3481); (ii) Puerto Rico 

Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284-LTS) 

(Last Four Digits of Federal Tax ID: 8474); (iii) Puerto Rico Highways and Transportation 

Authority (“HTA”) (Bankruptcy Case No. 17-BK-3567-LTS) (Last Four Digits of Federal 

Tax ID: 3808); (iv) Employees Retirement System of the Government of the 

Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK-3566-LTS) (Last 

Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric Power Authority (“PREPA”) 

(Bankruptcy Case No. 17- BK-4780-LTS) (Last Four Digits of Federal Tax ID: 3747); and 

(vi) Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case No. 19-BK-5523-

LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case numbers are listed as 

Bankruptcy Case numbers due to software limitations).

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230309 ORD RE GENERA ADMIN EXP VERSION MARCH 9, 2023 2

Upon the Motion for Order Allowing Administrative Expense Claim for 

Compensation for Mobilization Services Under the Puerto Rico Thermal Generation Facilities 

Operation and Management Agreement (Docket Entry No. 23601 in Case No. 17-3283 and 

Docket Entry No. 3258 in Case No. 17-4780) (the “Motion”);2 and the Court having found that it 

has subject matter jurisdiction over this matter pursuant to section 306(a) of PROMESA; and it 

appearing that venue in this district is proper pursuant to section 307(a) of PROMESA; and the 

Court having found that the Mobilization Obligations, to the extent incurred and payable under 

the Generation Contract during the Mobilization Period, meet all applicable requirements to be 

allowed and paid as administrative expenses under section 503(b) of title 11 of the United States 

Code (the “Bankruptcy Code”), and therefore accorded payment priority under section 507(a)(2) 

of the Bankruptcy Code, as made applicable by section 301 of PROMESA, 48 U.S.C. § 2161(a); 

and the Oversight Board having consented to the allowance of the Mobilization Obligations as 

administrative expense claims; and that the relief requested in the Motion is in the best interests 

of PREPA, its creditors, and other parties in interest; and the Court having found that PREPA 

provided adequate and appropriate notice of the Motion under the circumstances and that no 

other or further notice is required; and the Court having reviewed the Motion and its supporting 

materials; and the Court having determined that the legal and factual bases set forth in the 

Motion and its supporting materials establish just cause for the relief granted herein; and the 

Court having determined that no objections have been filed opposing the relief requested in the 

Motion; and upon the record herein, after due deliberation thereon, the Court having found that 

good and sufficient cause exists for the granting of the relief as set forth herein, 

 

2 Capitalized terms not otherwise defined herein shall have the meanings given to them in 

the Motion.

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230309 ORD RE GENERA ADMIN EXP VERSION MARCH 9, 2023 3

IT IS HEREBY ORDERED THAT: 

1. The Motion is GRANTED as set forth herein.

2. Pursuant to sections 105(a), 503, and 507(a)(2) of the Bankruptcy Code, as 

made applicable by section 301 of PROMESA, 48 U.S.C. § 2161(a), Genera shall have an 

allowed administrative expense claim for its accrued and unpaid Mobilization Obligations 

incurred under the Generation Contract.

3. Notwithstanding any applicability of any Bankruptcy Rule to the contrary, the 

terms and conditions of this Order shall be immediately effective and enforceable upon its 

entry.

4. To the extent required, PREPA and the Oversight Board, as PREPA’s 

representative in this Title III Case, are authorized to take all actions, and to execute all 

documents, necessary or appropriate, to effectuate the relief granted in this Order in accordance 

with the Motion and without further order of this Court.

5. The Court shall retain jurisdiction to hear and determine any and all disputes 

related to or arising from the implementation, interpretation and enforcement of this Order.

6. This Order resolves Docket Entry No. 23601 in Case No. 17-3283 and Docket 

Entry No. 3258 in Case No. 17-4780.

SO ORDERED.

Dated: March 9, 2023

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

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