UNITED STATES DISTRICT COURT 

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. 22038

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

THE PUERTO RICO FISCAL AGENCY AND FINANCIAL

ADVISORY AUTHORITY’S STATUS REPORT

REGARDING THE IMPACT OF HURRICANE FIONA AND 

THE GOVERNMENT OF PUERTO RICO’S RESPONSE

To the Honorable United States District Judge Laura Taylor Swain:

1

 The Debtors in these Title III cases, along with each Debtor’s respective Title III case number listed as a bankruptcy 

case number due to software limitations and the last four (4) digits of each Debtor’s federal tax identification 

number, as applicable, are the (i) Commonwealth of Puerto Rico (the “Commonwealth”) (Bankruptcy Case No. 17-

BK-3283 (LTS)) (Last Four Digits of Federal Tax ID: 3481), (ii) 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), (iii) Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case No. 

17-BK-3567 (LTS)) (Last Four Digits of Federal Tax ID: 3808), and (iv) Puerto Rico Sales Tax Financing 

Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284 (LTS)) (Last Four Digits of Federal Tax ID: 8474); 

(v) Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy Case No. 17-4780 (LTS)) (Last Four Digits of 

Federal Tax ID: 3747); and (vi) Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case No. 19-BK5523-LTS) (Last Four Digits of Federal Tax ID: 3801).

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The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), through its 

undersigned counsel, submits this status report on behalf of the Government of the Commonwealth 

of Puerto Rico (the “Government”) to update the Court on certain matters related to Hurricane 

Fiona and the Government’s response to it:

PRELIMINARY STATEMENT2

Almost exactly five years after Hurricanes Irma and Maria caused widespread devastation 

to Puerto Rico, Hurricane Fiona made landfall on the southwestern part of the Island. Hurricane 

Fiona hit Puerto Rico with winds exceeding 100 miles per hour in some areas and historic amounts 

of rain, with some areas being deluged with over twenty-five inches of rain just during Fiona’s

first twenty-four hours. These winds and rain caused (and continue to cause) catastrophic floods, 

landslides, and damage Island-wide. Moreover, Hurricane Fiona caused a complete power outage

in Puerto Rico, which in turn led to water service interruptions for over 778,000 Puerto Rico 

residents.

3

Hurricane Fiona wreaked havoc in the Island for forty-eight hours. Substantial rainfall 

continued to fall today, continuing the historic flooding levels. The Government urged residents 

to remain in their homes or shelters, and suspended classes for public school students. Only 

essential public employees were required to report to their place of work. 

The Government anticipates that most public utility services can be restored by tomorrow 

for areas that did not receive damage, and that the public school system will gradually reopen over 

2 Defined terms not otherwise defined herein shall have the same meaning given to them in Status Report of the 

Puerto Rico Fiscal Agency and Financial Advisory Authority Regarding the Government of Puerto Rico’s Recent 

Activities and Response to the Ongoing Covid-19 Pandemic (the “August Report”) [ECF No. 21855].

3

 See El Nuevo Día, MÁS DE 778,000 CLIENTES ESTÁN SIN SERVICIO DE AGUA POTABLE TRAS EL PASO 

DEL HURACÁN FIONA, (September 19, 2022), https://www.elnuevodia.com/noticias/locales/notas/mas-de778000-clientes-estan-sin-servicio-de-agua-potable-tras-el-paso-del-huracan-fiona/

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the next few days as each school is inspected. In close collaboration with Federal Emergency 

Management Agency (“FEMA”) and other federal agencies, the Government is currently assessing 

and estimating the full extent of the damage caused by Hurricane Fiona. As of this morning, power 

and water services are being gradually restored, with approximately 20% of electric and 40% of 

water services having been reestablished. In the hurricane’s immediate aftermath, the Government 

is concentrating its efforts on safeguarding the safety and well-being of Puerto Rico’s residents, 

providing accurate and timely information, and effectively managing this emergency. 

As this Court knows, Puerto Rico has experienced a historic number of natural disasters in 

recent years, which not only exposed the Island’s inherent vulnerabilities, but also shined a light

on the people of Puerto Rico’s unbelievable resilience in the face of adversity. The Government is 

confident that Puerto Rico will recover from this hurricane’s devastation, as well. To ensure such 

recovery, the Government is working closely on recovery efforts with multiple federal and 

Commonwealth agencies, including FEMA and the Financial Oversight and Management Board 

for Puerto Rico (the “Oversight Board”), members of Congress, different states, private sector 

stakeholders, non-profit entities, and Puerto Rico’s mayors. These efforts are detailed below.

Government Response

1. On September 17, 2022, in preparation for the passing of the Hurricane, Governor 

Pedro Pierluisi (the “Governor”) issued an Executive Order declaring a state of emergency.

4 On 

that same date, LUMA Energy (“LUMA”) announced that “crews, resources and materials are 

positioned across the island, and that crews are responding and will continue to respond as quickly 

and safely as possible to severe weather and significant power outages throughout the weekend of 

4

 See El Nuevo Día, PEDRO PIERLUISI DECLARA ESTADO DE EMERGENCIA A NIVEL ESTATAL POR EL 

PASO DE LA TORMENTA FIONA, (September 17, 2022), 

https://www.elnuevodia.com/noticias/gobierno/notas/pedro-pierluisi-declara-estado-de-emergencia-a-nivelestatal-por-el-paso-de-la-tormenta-fiona/

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September 17-18, 2022.”5In addition, LUMA announced that “its Emergency Operations Center 

is fully operational and coordinating directly with LUMA’s Regional Operation Centers, local 

municipalities and utility crews across the island to support customers impacted by the storm.”

6

2. In preparation for the Hurricane, the Oversight Board also authorized the 

Government to access the Emergency Reserve for expenses related to the response to the 

Hurricane. 

3. On September 18, 2022, upon Governor Pierluisi’s request, President Joseph R. 

Biden, Jr. declared a state of emergency for Puerto Rico as a result of Hurricane Fiona and ordered 

federal assistance to supplement local response efforts due to the emergency conditions.

7 President 

Biden’s declaration authorizes the Department of Homeland Security and FEMA “to coordinate 

all disaster relief efforts which have the purpose of alleviating the hardship and suffering caused 

by the emergency on the local population, and to provide appropriate assistance for required 

emergency measures . . . to save lives and to protect property and public health and safety, and to 

lessen or avert the threat of a catastrophe in all 78 municipalities in the Commonwealth of Puerto 

Rico.”

8

5

See Press Release, The White House, President Joseph R. Biden, Jr. Approves Puerto Rico Emergency Declaration, 

(September 18, 2022), https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/18/presidentjoseph-r-biden-jr-approves-puerto-rico-emergency-declaration/

5

 Id.

6

 Id.

7

 See Press Release, The White House, President Joseph R. Biden, Jr. Approves Puerto Rico Emergency Declaration, 

(September 18, 2022), https://www.whitehouse.gov/briefing-room/presidential-actions/2022/09/18/presidentjoseph-r-biden-jr-approves-puerto-rico-emergency-declaration/

8

 Id.

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4. The Governor also held a telephone conference with President Biden to discuss the 

needs of the people of Puerto Rico in the wake of Hurricane Fiona.9 President Biden offered to 

provide increased support to assist in the Island’s recovery.10 As part of President Biden’s support 

to the people of Puerto Rico, FEMA administrator Deanne Criswell will be traveling to Puerto 

Rico today to meet with state and local officials and impacted citizens.11 The Government 

appreciates the Federal response. 

5. During and following the passing of Hurricane Fiona, the Governor has held 

multiple press conferences to inform the public and the press on the Government’s ongoing 

response to the aftermath of this devastating hurricane. Yesterday, the Governor announced that 

Hurricane Fiona caused floods and landslides in areas that had historically never suffered from 

flooding or landslides. He also noted that some parts of Puerto Rico received even more rainfall 

than during Hurricane Maria. The rain caused catastrophic damage to the southern, southwestern, 

mountain, and northern coast regions in particular. 

6. The Government’s response to Hurricane Fiona includes integrated, cooperative 

efforts with multiple agencies (both state and federal), municipalities, and private sector entities. 

It has devoted substantial resources to saving the lives of people in emergency situations caused 

by sudden floods, landslides, and building collapses, and on restoring the electricity services by

working in tandem with LUMA and PREPA.

12 In addition—and further highlighting the 

9 See Press Release, The White House, Readout of President Joe Biden’s Call with Governor Pedro Pierluisi

(September 19, 2022) https://www.whitehouse.gov/briefing-room/statements-releases/2022/09/19/readout-ofpresident-joe-bidens-call-with-governor-pedro-pierluisi/

10 Id.

11 Id.

12

 See El Nuevo Día, PEDRO PIERLUISI CATALOGA LOS DAÑOS CAUSADOS POR EL HURACÁN FIONA 

COMO “CATASTRÓFICOS”, (September 18, 2022), https://www.elnuevodia.com/noticias/gobierno/notas/pedropierluisi-cataloga-los-danos-causados-por-el-huracan-fiona-comocatastroficos/?cx_testId=7&cx_testVariant=cx_1&cx_artPos=4#cxrecs_s

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cooperative nature of its reconstruction and assistance efforts—the Government created the Puerto 

Rico Emergency Portal System (“PREPS”); a unified database that provides constant data 

regarding (i) the status of the restoration of the electric energy service, (ii) availability of shelters, 

(iii) status of telecommunication systems, (iv) national security concerns, and (v) emergency 

contacts, among other information.

13

7. In the wake of Hurricane Fiona, the Government expeditiously commenced the 

process of assessing the magnitude of damages caused by the natural disaster. It is devoting 

significant resources, including over 600 active National Guard soldiers, for rescue and recovery 

operations aimed primarily at saving lives and restoring utility services to critical areas such as 

hospital facilities.

8. During yesterday’s press conference, the Governor announced that the Government 

is directing all government, municipal, and private entity resources to assisting with recovery 

efforts in affected areas, that the Government is constantly communicating with the Biden 

administration and the governors of certain states, such as New York, New Jersey and California, 

who have all committed to the local response and recovery efforts. The Government and LUMA 

also announced that, as of that date:

i. LUMA had restored the electric energy services to over 100,000 residents, 

which number was expected to gradually increase;

ii. approximately 30% of PRASA clients had service, and that the interruption 

of the same was caused by, among other things, the lack of electric energy 

to operate the water pumps and the severe effects of the heavy rainfall on 

the aqueduct systems; 

iii. the electric services restoration plan will entail a gradual process by which 

it is estimated that, within a few days, the majority of residents are 

expected to have their services restored, provided, however, that priority 

will be given to health facilities, telecommunication facilities, shelters and

PRASA water pumps, among others;

13

 See https://www.preps.pr.gov/

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iv. LUMA has over 60 employees expected to arrive in the Island on 

September 19, 2022, 30 expected on September 20, 2022 and over 200 on 

call;

v. 128 shelters were habilitated in all municipalities, sheltering 2,146 

residents and 254 pets throughout 113 shelters, with school cafeterias 

providing food in such shelters;

vi. the National Guard had conducted over 30 rescues as of that date, with 

over 1,000 residents being rescued in 25 municipalities; 

vii. the Government remains in constant communications and coordination 

with FEMA to respond to emergency situations, with over 400 officials 

exclusively dedicated to the same, noting that FEMA has 4 warehouses 

with a substantial amount of food and water; 

viii. all medical facilities were operating with energy generators, with the 

exception of diagnostic and treatment centers in Cabo Rojo and Guánica;

ix. the Governor issued an executive order to activate the Good Samaritan 

Act, providing state immunity to medical staff providing assistance; and 

x. the Department of Health was also coordinating to assure that medication 

for Puerto Rico residents were available, and to provide such medication 

directly to shelters, and that the Puerto Rico Health Insurance 

Administration (“ASES” for its initials in Spanish) issued a provisional 

order so that the dispatching of medication would not require the signature 

of a primary physicist.

9. As part of the Government’s commitment to assisting Island residents during this 

ongoing emergency, the Puerto Rico Treasury Department issued Administrative Order 22-07, 

which establishes an exemption on the sales and use tax (“SUT”) for prepared food items from 

September 22, 2022 through and including October 6, 2022.14

10. Earlier today, the Government held a press conference to continue to provide an 

update on its response to the Hurricane. Among the main points, the Governor announced that: 

i. Government employees are expected, conditions permitting, to return to 

their work tomorrow, to ensure the continuity of Government services; 

ii. the Government, in coordination with the Department of Education, is 

inspecting each public school and expects that they will begin reopening 

gradually over the next few days; 

14 See El Nuevo Día, EL GOBIERNO ELIMINA DE FORMA TEMPORERA EL PAGO DEL IVU EN LA COMPRA 

DE ALIMENTOS PREPARADOS, https://www.elnuevodia.com/noticias/gobierno/notas/eliminan-de-formatemporera-el-pago-del-ivu-en-la-compra-de-alimentos-preparados/

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iii. the Governor is submitting today a declaration of a major disaster in Puerto 

Rico to President Biden; 

iv. as of this morning, 92 shelters remain operating, with approximately 1,223 

individuals taking shelter therein; 

v. LUMA and PREPA reported that approximately 300,000 clients had 

electric service and that they expect a large portion of service to be restored 

by tomorrow; and 

vi. PRASA reported that approximately 40% of its clients had water service.

11. During today’s press conference, the Government also announced that the Financial 

Management Service, the federal agency that supervises the Nutritional Assistance Program 

(“PAN,” for its acronym in Spanish) in Puerto Rico, determined PAN participants may purchase 

prepared hot meals until September 25, 2022 in 3,000 commercial establishments certified by the 

Administration of Socioeconomic Family Development.

12. The Government also announced that the Puerto Rico Department of Economic 

Development and Commerce is in the process of activating an incentive program for small and 

medium businesses to obtain up to $50,000.00 for damages caused by Hurricane Fiona, 

specifically, for losses of materials, structural damages, and equipment damages.

15

13. The Government continues to focus its resources and efforts on safeguarding the 

welfare and safety of its residents and on ensuring Puerto Rico’s prompt recovery. 

15 See PROGRAMA DE ASISTENCIA ECONÓMICA DE EMERGENCIA PARA PYMES PUERTORRIQUEÑAS 

AFECTADAS POR EL HURACÁN FIONA, http://www.refuerzoeconomico.ddec.pr.gov/incentivos2022

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Dated: September 20, 2022

San Juan, Puerto Rico

Respectfully submitted,

O’MELVENY & MYERS LLP

/s/ John J. Rapisardi

John J. Rapisardi

Maria J. DiConza

Matthew P. Kremer

7 Times Square 

New York, NY 10036 

Telephone: (212) 326-2000 

Facsimile: (212) 326-2061 

Email: jrapisardi@omm.com 

mdiconza@omm.com

mkremer@omm.com

-andPeter Friedman

1625 Eye Street, NW 

Washington, DC 20006 

Telephone: (202) 383-5300 

Facsimile: (202) 383-5414 

Email: pfriedman@omm.com 

Attorneys for the Puerto Rico Fiscal 

Agency and Financial Advisory 

Authority 

MARINI PIETRANTONI MUÑIZ LLC

/s/ Luis C. Marini-Biaggi

Luis C. Marini-Biaggi

USDC No. 222301 

Carolina Velaz-Rivero

USDC No. 300913

250 Ponce de León Ave., Suite 900

San Juan, Puerto Rico 00918

Tel: (787) 705-2171

Fax: (787) 936-7494

lmarini@mpmlawpr.com

cvelaz@mpmlawpr.com

Attorneys for the Puerto Rico Fiscal Agency 

and Financial Advisory Authority

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