IN THE UNITED STATES BANKRUPTCY 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

Case 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

Case No. 17 BK 4780-LTS

UTIER’S PRELIMINARY FACT WITNESS LIST AND EXPERT WITNESS

DISCLOSURES

[Space intentionally left blank]

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 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); and (v) Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last 

Four Digits of Federal Tax ID: 3747). (Title III case numbers are listed as Bankruptcy Case numbers due to software 

limitations.)

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TO THE HONORABLE COURT

COMES NOW Unión de Trabajadores de la Industria Eléctrica y Riego Inc. (“UTIER”)

and, through the undersigned attorneys, submit these Disclosures under Federal Rule of Civil 

Procedure 26(a), as made applicable to this action by Rule 7026 of the Federal Rules of Bankruptcy 

Procedure and Section 310 of PROMESA, as per the Title III Court’s Amended and Restated Order 

Establishing, Among Other Things, Procedures and deadlines Concerning Objections to 

Confirmation and Discovery in Connection Therewith (“Procedural Order”), Case No. 17-04780-

LTS, ECF 3305. UTIER does not waive any rights, privileges, or protections, including but not 

limited to objections on any grounds to the discovery or use of information disclosed herein, and 

UTIER expressly reserves all such rights.

UTIER’S PRELIMINARY FACT WITNESS LIST

1. Josué Mitja González, President of UTIER

a. Physical Address: Edif. UTIER 612, Calle Cerra Pda. 15 Santurce, Puerto Rico 00908.

b. Postal Address: PO Box 13068 San Juan, Puerto Rico 00908-3068.

c. Telephone: (787) 721-1700.

d. Email: josuemitja@utier.org

Subject of the testimony: Mr. Josué Mitja will discuss the damages that the Modified Second 

Amended Title III Plan of Adjustment of the Puerto Rico Electric Power Authority, filed at Case 

No. 17-04780-LTS, ECF 3296 (“Plan”), will inflict on PREPA’s labor force, PREPA and its 

stakeholders. Additionally, he will discuss the Trust Agreement of 1974 and the priority of 

payment for Current Expenses, which include labor costs and pension contributions. Mr. Mitja 

will also testify on the damages that the rejection of UTIER’s Collective Bargaining Agreement

(“CBA”) with PREPA would cause UTIER, its members and PREPA, as well as how those 

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damages outweigh any potential benefits obtained from the rejection. Moreover, he will testify to

the misclassification of UTIER’s Master Claim and the CBA Rejection Claims as General 

Unsecured Claims, as well as the discriminatory treatment of UTIER as a creditor, which affects 

the fair and equitable standard, and the lack of feasibility of the Plan. UTIER reserves all rights to 

amend this information as a result of discovery and/or any subsequent amendment to the Plan of 

Adjustment or Disclosure Statement for Modified Second Amended Title III Plan of Adjustment of 

The Puerto Rico Electric Power Authority filed at Case No. 17-04780-LTS, ECF 3297

(“Disclosure Statement”).

UTIER’S OPENING EXPERT WITNESS DISCLOSURE

1. Tom Sanzillo, Director of Finance for the Institute for Energy Economics and Financial 

Analysis (IEEFA).

a. Physical Address: 3430 Rocky River Drive Cleveland OH 44111 

b. Telephone: (216) 688-3433 

c. Email: tsanzillo@ieefa.org 

General subject of the testimony: Mr. Tom Sanzillo will focus on the reasonableness of the 

financial projections; whether it is likely that PREPA will be able to satisfy its obligations under 

the Plan without the significant probability of default; and the unlikelihood that PREPA will be 

able to provide future public services at the level necessary for the Commonwealth of Puerto 

Rico’s (“Commonwealth”) continued viability. As such, Mr. Sanzillo will provide expert 

testimony from a financial and economic standpoint supporting the fact that the Plan is not feasible

nor in the best interests of PREPA, its Creditors and Stakeholders, or the Commonwealth. His

testimony will be focused on the energy and financial condition of PREPA including the energy 

planning and priorities, debt management, among others, to demonstrate that the Plan will destroy 

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any probability for PREPA to recover and be sustainable. Mr. Sanzillo will also provide valuable 

information regarding the lack of operational reforms that are necessary for Puerto Rico’s electrical 

system to become operationally and financially sound enough to comply with the Plan. 

Furthermore, he will demonstrate that the Plan does not achieve sufficient bondholder debt 

reduction and risks the feasibility of the Commonwealth’s debt service, as well. UTIER reserves 

all rights to amend this information as a result of discovery and/or any subsequent amendment to 

the Plan of Adjustment or Disclosure Statement. Additionally, UTIER reserves the right to amend 

the scope of Mr. Sanzillo’s testimony to include expert rebuttal witness testimony.

BUFETE EMMANUELLI, C.S.P.

P.O. Box 10779

Ponce, Puerto Rico 00732

Tel.: 787-848-0666

Fax: 1-787-841-1435

notificaciones@bufete-emmanuelli.com

/s/Rolando Emmanuelli-Jiménez 

Rolando Emmanuelli-Jiménez, Esq.

USDC: 214105

rolando@emmanuelli.law

/s/Jessica E. Méndez-Colberg 

Jessica E. Méndez-Colberg, Esq.

USDC: 302108

jessica@emmanuelli.law

/s/ Zoé C. Negrón-Comas

Zoé C. Negrón-Comas, Esq. 

USDC: 308702

zoe@emmanuelli.law

Counsel for UTIER

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