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 

(Jointly Administered) 

URGENT MOTION TO SEAL AND FOR LEAVE TO REFILE REDACTED 

DOCUMENT 

 

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); (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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To the Honorable United States District Court Judge Laura Taylor Swain: 

 The Puerto Rico Electric Power Authority (“PREPA” or the “Debtor”), by and through the 

Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), as the 

Debtor’s representative pursuant to section 315(b) of the Puerto Rico Oversight, Management, and 

Economic Stability Act (“PROMESA”),2 hereby moves this Court for an order permitting the 

Oversight Board (1) to seal the expert report of Glenn R. George, MBA, PE, PhD [ECF No. 3418, 

Ex. A] (the “George Report”), and (2) to refile a redacted version of the George Report on the 

public docket. 

Jurisdiction and Venue 

1. The United States District Court for the District of Puerto Rico (the “Court”) has 

subject matter jurisdiction over this matter pursuant to PROMESA section 306(a). 

2. Venue is proper pursuant to PROMESA section 307(a). 

Relief Requested 

3. On April 28, 2023, in accordance with paragraphs 3 and 24 of the Amended and 

Restated Order Establishing, Among Other Things, Procedures and Deadlines Concerning 

Objections to Confirmation and Discovery in Connection Therewith [ECF No. 3305] (the 

“Confirmation Procedures Order”), the Oversight Board submitted its Opening Expert Report and 

Disclosures [ECF No. 3418] (the “Expert Report and Disclosures”) in support of confirmation of 

the Modified Second Amended Title III Plan of Adjustment of the Puerto Rico Electric Power 

Authority [ECF No. 3296] (as it may be amended, modified, or supplemented, the “Plan”).3 The 

2

 PROMESA has been codified in 48 U.S.C. §§ 2101-2241. 

3

 Capitalized terms not defined herein shall have the meanings ascribed to them in the Plan. 

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George Report was attached as Exhibit A to the Expert Report and Disclosures, and did not include 

any redactions. 

4. The George Report incorporates information from a document that has been 

designated “Confidential” pursuant to the operative Protective Order (as defined in the 

Confirmation Procedures Order) in these confirmation proceedings. The Oversight Board’s filing 

of the George Report inadvertently did not redact that confidential information. Prior to the filing 

of this Motion, on the morning of May 1, 2023, counsel for the Oversight Board contacted the 

clerk of the Court, who agreed to temporarily seal the George Report until the Court rules on this 

Motion. 

5. Paragraph 25 of the Confirmation Procedures Order permits the parties to file 

opening expert reports with confidential information redacted, with the proffering party providing 

an unredacted copy to the Court and making the unredacted copy available on the Plan Depository. 

The Oversight Board will upload an unredacted copy to the Plan Depository and will provide the 

Court a courtesy unredacted copy. 

6. Pursuant to paragraph 25 of the Confirmation Procedures Order, the Oversight 

Board hereby requests that the Court seal the George Report in its entirety. 

7. The Oversight Board further requests leave to refile the George Report on the public 

docket with confidential information redacted. 

8. The sealed, unredacted version of the George Report will be made available to 

counsel for parties in this case who have agreed to be bound by the Protective Order for the 

Depository in accordance with Paragraph 25 of the Confirmation Procedures Order. 

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Certification in Compliance with the First Amended Case Management Procedures and 

Local Rule 9013-1 

9. Pursuant to Local Rule 9013-1 and paragraph I.H of the Sixteenth Amended Case 

Management Procedures, the Oversight Board hereby certifies that it has (a) carefully examined 

the matter and concluded that there is a true need for an urgent hearing; (b) not created the urgency 

through any lack of due diligence; (c) made a bona fide effort to resolve the matter without a 

hearing; and (d) made reasonable, good-faith communications in an effort to resolve or narrow the 

issues that are being brought to the Court. 

10. In the morning of May 1, 2023, counsel for the Oversight Board contacted counsel 

for the following parties and asked them whether they objected to the relief sought herein: (i) the 

Ad Hoc Group of PREPA Bondholders; (ii) the Ad Hoc Committee of National Claim Assignees; 

(iii) the Official Committee of Unsecured Creditors; (iv) Unión de Trabajadores de la Industria 

Eléctrica y Riego, Inc.; (v) Sistema de Retiro de Empleados de la Autoridad de Energía Eléctrica; 

(vi) PV Properties, Inc.; (vii) Instituto de Competitividad y Sostenibilidad Economica de Puerto 

Rico; and (viii) Comité Diálogo Ambiental, Inc., El Puente de Williamsburg, Inc.-Enlace de 

Acción Climática, Comité Yabucoeño Pro-Calidad de Vida, Inc., Alianza Comunitaria 

Ambientalista del Sureste, Inc., Sierra Club Puerto Rico, Inc., Mayagüezanos por la Salud y el 

Ambiente, Inc., Coalición de Organizaciones Anti Incineración, Inc., and Amigos del Río 

Guaynabo, Inc. As of the filing of this Motion, counsel for the Ad Hoc Group of PREPA 

Bondholders has objected to this motion. No other party has indicated whether they consent to, or 

oppose, this Motion. 

WHEREFORE the Oversight Board respectfully requests that the Court enter an order 

sealing the George Report and granting leave to refile a redacted version of the same on the public 

docket. 

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Dated: May 1, 2023 

New York, New York 

Respectfully submitted, 

/s/ Margaret A. Dale 

Martin J. Bienenstock 

Paul V. Possinger 

Ehud Barak

Margaret A. Dale 

Michael T. Mervis 

Julia D. Alonzo

Laura Stafford 

Javier F. Sosa 

(Admitted Pro Hac Vice) 

PROSKAUER ROSE LLP

Eleven Times Square 

New York, NY 10036 

Tel: (212) 969-3000 

Fax: (212) 969-2900 

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 

Co-Attorneys for the Financial 

Oversight and Management Board, as 

representative for PREPA

 

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CERTIFICATE OF SERVICE 

I hereby certify that, on this same date, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system, which will send notifications of such filing to all 

CM/ECF participants in this case. 

/s/ Hermann D. Bauer 

Hermann D. Bauer 

 

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Exhibit A 

Proposed Order 

 

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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 

(Jointly Administered) 

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); (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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ORDER ON URGENT MOTION TO SEAL AND FOR LEAVE TO REFILE REDACTED 

DOCUMENT 

Upon consideration of the urgent motion (the “Urgent Motion”) of the Puerto Rico Electric 

Power Authority (“PREPA” or the “Debtor”), by and through the Financial Oversight and 

Management Board for Puerto Rico (the “Oversight Board”), as the Debtor’s representative 

pursuant to section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act

(“PROMESA”),2 for an order (1) sealing the expert report of Glenn R. George, MBA, PE, PhD 

[ECF No. 3418, Ex. A] (the “George Report”), and (2) permitting the Oversight Board to refile a 

redacted version of the George Report on the public docket; and it appearing that (i) the Court has 

jurisdiction over this matter pursuant to 28 U.S.C. § 1331 and 48 U.S.C. § 2166(a), (ii) that venue 

of this proceeding and the Joint Urgent Motion is proper under 28 U.S.C. § 1391(b) and 48 U.S.C. 

§ 2167(a); (iii) that notice of the Joint Urgent Motion was adequate and proper under the 

circumstances and that no further or other notice need be given; and after due deliberation and 

sufficient cause appearing therefore, it is hereby ORDERED that: 

1. The Urgent Motion is GRANTED as set forth herein. 

2. The Court will seal the unredacted George Report currently filed on the public docket 

at ECF No. 3418, Ex. A. 

3. The Oversight Board is granted leave to refile the George Report on the public docket 

with confidential information redacted. 

4. The Court, as well as to the counsel for parties in this case who have agreed to be bound 

by the Protective Order for the Plan Depository, shall have access to the unredacted 

version of the George Report under seal. 

2

 PROMESA has been codified in 48 U.S.C. §§ 2101-2241. 

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5. The Court shall retain jurisdiction to hear and determine all matters arising from the 

implementation of this Order. 

Dated:___________________ 

San Juan, Puerto Rico 

__________________________________ 

UNITED STATES DISTRICT JUDGE 

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