Presentment Date: January 6, 2023, at 4:00 p.m. (Prevailing Atlantic Time) 

Objections Due: January 5, 2023, at 4:00 p.m. (Prevailing Atlantic Time)

IN THE 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)

Re: ECF No. 19718

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

(Jointly Administered)

NOTICE OF PRESENTMENT OF ORDER EXTENDING

TIME FOR THE PUERTO RICO ELECTRIC POWER AUTHORITY TO

ASSUME OR REJECT UNEXPIRED LEASES OF NONRESIDENTIAL REAL

PROPERTY PURSUANT TO BANKRUPTCY CODE SECTION 365(d)(4) 

PLEASE TAKE NOTICE THAT, on January 10, 2022, the Court entered the Order 

Extending Time to Assume or Reject Unexpired Leases of Nonresidential Real Property Pursuant 

to Bankruptcy Code Section 365(d)(4) [ECF No. 19718] (the “Extension Order”) extending the 

 

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 (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-BK3567-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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2

deadline for the Puerto Rico Electric Power Authority (“PREPA”) (along with other Title III 

debtors whose Title III cases have since concluded) to assume or reject certain unexpired leases of 

nonresidential real property (“Real Property Leases”) pursuant to 11 U.S.C. § 365(d)(4) to the 

earlier of (i) January 1, 2023, (ii) the date of expiration or termination of such leases pursuant to 

their own terms, or (iii) the date on which a plan of adjustment for PREPA becomes effective, 

without prejudice to (x) PREPA’s right to seek further extensions as contemplated by Bankruptcy 

Code section 365(d)(4)(B)(ii), or (y) the right of any party in interest to object to such requested 

extensions.

PLEASE TAKE FURTHER NOTICE THAT PREPA has sent letters to each of the 

landlords under the Real Property Leases to obtain consent for a further extension of the deadline

to assume or reject such Real Property Leases. PREPA has also contacted or attempted to contact 

landlords who did not provide affirmative consent in response to such letters directly by phone. A 

list of the Real Property Leases for which affirmative consent to such further extension has been 

received is attached to the Proposed Order (defined below) as Exhibit A. A list of Real Property 

Leases for which no response has yet been received is attached to the Proposed Order (defined 

below) as Exhibit B.

PLEASE TAKE FURTHER NOTICE THAT, the Financial Oversight and Management 

Board for Puerto Rico (the “Oversight Board”), as the representative of PREPA, hereby presents 

the Order Extending Time for the Puerto Rico Electric Power Authority to Assume or Reject 

Unexpired Leases of Nonresidential Real Property Pursuant to Bankruptcy Code Section 

365(d)(4) (the “Proposed Order”) to the Honorable Laura Taylor Swain, United States District 

Judge, sitting in the United States District Court for the District of Puerto Rico, 150 Carlos Chardón 

Street, Federal Building, Office 150, San Juan, P.R. 00918-1767 for signature on January 6, 2023.

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3

PLEASE TAKE FURTHER NOTICE that the Proposed Order provides that landlords 

that have not affirmatively denied consent to extend the deadline of the time for PREPA to assume 

or reject certain Real Property Leases shall be deemed to have consented to the extension of such 

deadline to the earlier of (i) January 1, 2024, (ii) the date of expiration or termination of such leases 

pursuant to their own terms, or (iii) the date on which a plan of adjustment for PREPA becomes 

effective; provided that the right of each such landlord to assert that its consent was not validly 

provided is expressly preserved pursuant to the Proposed Order.

PLEASE TAKE FURTHER NOTICE that the Proposed Order is attached hereto as 

Exhibit 1.

PLEASE TAKE FURTHER NOTICE that unless a written objection to the Proposed 

Order is filed with the Court in accordance with the Case Management Procedures by 4:00 p.m. 

(AST) on January 5, 2023, no hearing will be held and the Proposed Order may be approved by 

this Court.

PLEASE TAKE FURTHER NOTICE that copies of the Proposed Order and all 

documents filed in the Title III cases are available (a) free of charge by visiting 

https://cases.ra.kroll.com/puertorico/Home-Index or by calling +1 (844) 822-9231, and (b) on the 

Court’s website at http://www.prd.uscourts.gov, subject to the procedures and fees set forth 

therein.

[Remainder of page intentionally left blank]

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4

Dated: December 30, 2022

San Juan, Puerto Rico

Respectfully submitted,

/s/ Paul V. Possinger

Martin J. Bienenstock

Paul V. Possinger

Ehud Barak

(Admitted Pro Hac Vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Email: mbienenstock@proskauer.com

 ppossinger@proskauer.com

 ebarak@proskauer.com

 

Attorneys for the Financial 

Oversight and Management Board 

as representative for PREPA

/s/ Hermann D. Bauer 

Hermann D. Bauer

USDC No. 215205

O’NEILL & BORGES LLC

250 Muñoz Rivera Ave., Suite 800

San Juan, PR 00918-1813

Tel: (787) 764-8181

Fax: (787) 753-8944

Email: hermann.bauer@oneillborges.com

Co-Attorney for the Financial Oversight and 

Management Board as representative for 

PREPA

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5

Exhibit 1

Proposed Order

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Presentment Date: January 6, 2023, at 4:00 p.m. (Prevailing Atlantic Time) 

Objections Due: January 5, 2023, at 4:00 p.m. (Prevailing Atlantic Time)

IN THE 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)

Re: ECF No. 19718

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

(Jointly Administered)

ORDER EXTENDING

TIME FOR THE PUERTO RICO ELECTRIC POWER AUTHORITY TO

ASSUME OR REJECT UNEXPIRED LEASES OF NONRESIDENTIAL REAL

PROPERTY PURSUANT TO BANKRUPTCY CODE SECTION 365(D)(4)

Upon the Debtor’s Motion for Entry of Order Extending Time to Assume or Reject 

Unexpired Leases of Nonresidential Real Property Pursuant to Bankruptcy Code Section 

365(d)(4) [ECF No. 1518] (the “Motion”), the Order Extending Time to Assume or Reject 

 

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 (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-BK3567-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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2

Unexpired Leases of Nonresidential Real Property Pursuant to Bankruptcy Code Section 

365(d)(4) [ECF No. 19718], and the Notice of Presentment of Order Extending Time for the Puerto 

Rico Electric Power Authority to Assume or Reject Unexpired Leases of Nonresidential Real 

Property Pursuant to Bankruptcy Code Section 365(d)(4) [ECF No. _____], (the “Notice of 

Presentment”);

2

and the Court having found it has subject matter jurisdiction over this matter 

pursuant to PROMESA section 306(a); and it appearing that venue is proper pursuant to 

PROMESA section 307(a); and the Court having found that the extension of the deadlines, as set 

forth herein, is appropriate, and the relief requested is in the best interests of PREPA, its creditors, 

and other parties in interest, it is HEREBY ORDERED THAT:

1. The deadline for PREPA to assume or reject any of the Real Property Leases listed 

on Exhibit A hereto is extended until the earlier of (i) January 1, 2024, (ii) the date of expiration 

or termination of such leases pursuant to their own terms, or (iii) the date on which a plan of 

adjustment for PREPA becomes effective, without prejudice to PREPA’s right to seek further 

extensions as contemplated by Bankruptcy Code section 365(d)(4)(B)(ii), or (y) the right of any 

party in interest to object to such requested extensions.

2. Attached hereto as Exhibit B is a list of additional Real Property Leases for which 

the respective landlords have been sent a request for a consensual extension of the PREPA’s time 

to assume or reject pursuant to section 365(d)(4) until the earlier of (i) January 1, 2024, (ii) the 

date of expiration or termination of such leases pursuant to their own terms, or (iii) the date on 

which a plan of adjustment for PREPA becomes effective, with an indication that they will have 

been deemed to consent absent an affirmative indication that they do not consent as requested, and 

 

2 Capitalized terms used but not otherwise defined herein have the meanings given to them in the Motion or the 

Notice of Presentment.

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3

for which no such consent or lack of consent has been indicated as of the date of presentment of 

this Order. The deadline for PREPA to assume or reject any of the Real Property Leases listed on 

Exhibit B is hereby extended until the earlier of (i) January 1, 2024, (ii) the date of expiration or 

termination of such leases pursuant to their own terms, or (iii) the date on which a plan of 

adjustment for PREPA becomes effective, without prejudice to (x) PREPA’s right to seek further 

extensions as contemplated by Bankruptcy Code section 365(d)(4)(B)(ii), or (y) the right of each 

landlord on Exhibit B to assert that its consent was not validly provided.

3. PREPA may submit further orders on the Motion with respect to additional 

landlords who may in the future consent to an extension of the PREPA’s deadline to assume or 

reject Real Property Leases under Bankruptcy Code section 365(d)(4) until seven days prior to the 

expiration of PREPA’s respective deadline in accordance with the presentment procedures set 

forth in the Sixteenth Amended Notice, Case Management and Administrative Procedures [ECF 

No. 20190-1].

4. Nothing in the Motion or this Order shall be deemed or construed as (i) an 

assumption or rejection of any agreement, contract, or lease pursuant to Bankruptcy Code section 

365, or (ii) an admission with respect to whether any of PREPA’s contracts or leases is an 

unexpired lease of nonresidential real property within the meaning of Bankruptcy Code section 

365(d). The relief granted by this Order shall not affect PREPA’s rights to assume, assume and 

assign, or reject any Real Property Leases.

5. This Court retains exclusive jurisdiction with respect to all matters arising from or 

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

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Dated: ________, 2023

San Juan, Puerto Rico Honorable Laura Taylor Swain

United States District Judge

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Exhibit A

Affirmative Consent

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CONTRACTOR

NAME OF 

ENTITY

CONTRACT 

NUMBER ENM

CONTRACTOR 

(LANDLORD) 

RESIDENT AGENT

PROPERTY 

ADDRESS

CONTRACTOR 

(LANDLORD) 

TELEPHONE

INQUIRY CONTACT 

NAME (1)

STATUS OF 

CONSENT

INQUIRY CONTACT 

COMMENTS (1)

INQUIRY CONTACT 

DATE

M. Otero y CIA, S.E. 2017-P00042 PREPA

Plaza Puerto del 

Sol, Carr. #2 KM 

49.7, Manatí

(787) 854-2064 Rafael Ondina Otero Yes 12/23/22

Real Property Leases Under Affirmative Consent- PREPA

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Exhibit B

Deemed Consent

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CONTRACTOR NAME OF ENTITY

CONTRACT 

NUMBER ENM

CONTRACTOR 

(LANDLORD) 

RESIDENT AGENT

PROPERTY 

ADDRESS

CONTRACTOR 

(LANDLORD) 

TELEPHONE

INQUIRY 

CONTACT NAME 

(1)

STATUS OF 

CONSENT

INQUIRY CONTACT 

COMMENTS (1) INQUIRY CONTACT DATE

Administracion de 

Terrenos

PREPA

Ave. Juan 

Hernández Ortiz, 

Isabela

Was greeted by automated 

phone system but then 

when re-directed, no answer

12/21/22

Administracion de 

Terrenos

PREPA

Bo, San Antón, 

Ponce

Was greeted by automated 

phone system but then 

when re-directed, no answer

12/21/22

AEP PREPA

Centro 

Gubernamental 

de Guayanilla

AEP PREPA

Centro 

Gubernamental 

de Juncos, Calle 

Muñoz, Rivera, 

Juncos

Centro del Sur Mall, LLC. 2020-P00041 PREPA

Centro del Sur 

Mall, Ave.Miguel 

Pou, Ponce

(787) 622-9600 

(ext.116)

Maria Fernandez 

Velez, Esq.

Director of Lease 

Department was unavailable 

to take the call. Said they 

would call back.

12/21/22

Fomento Industrial PREPA

Parque 

Industrial, Cabo 

Rojo

Fomento Industrial PREPA

Calle San 

Idelfonso, Coamo

Fomento Industrial PREPA

Operaciones 

Técnicas Juana 

Díaz

Fomento Industrial PREPA Bo, Islote, Manatí

Fomento Industrial PREPA

PR-102 San 

Germán

Fomento Industrial PREPA

Area Industrial 

Caín Alto, PR-362 

San Germán

Fomento Industrial PREPA

PR-181 San 

Lorenzo

Fomento Industrial PREPA

Bo. Martino, 

Vieques

Municipio de Culebra PREPA

Calle Pedro 

Márquez, 

Culebra

(787) 742-3521

Was greeted by auomated 

phone system, 

communicated with 

Finances Department, and 

was later re-directed to 

Office of Secretary, but no 

answer. Attempted to call 

again, but did not receive a 

response

12-23-2022 - 12/28/2022

R.I.V., LLC PREPA

Consolidated 

Mall, Caguas (787) 725-1000

Latest number appearing in 

corporate records is from 

their Accounting Office, an 

outsource. Talked to 

Normarie Casanova, said she 

was going to communicate 

directly with R.I.V., LLC and 

would call back.

12/22/22

Real Property Leases Under Deemed Consent- PREPA

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