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)

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

AGENDA OF MATTERS SCHEDULED FOR THE

STATUS CONFERENCE ON JULY 10, 2024 AT 2:00 P.M. AST 

Time and Date of 

Hearing:

Wednesday, July 10, 2024,

from 2:00 p.m. to 3:30 p.m. 

Location of Hearing: 

Honorable Laura Taylor Swain, United States District Judge

Honorable Judith G. Dein, United States Magistrate Judge

Courtroom 17C 

United States District Court for the Southern District of New York

Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, 

NY 10007 (the “New York Courtroom”) 

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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Video Teleconference: The hearing will also be conducted 

simultaneously by video teleconference in a courtroom to be 

designated in the United States District Court for the District of 

Puerto Rico, Clemente Ruiz Nazario US Courthouse, 150 Carlos 

Chardón Street, Federal Building, San Juan, Puerto Rico 00918-

1767 (the “Hato Rey Courtroom”).

Attorney Participation: Pursuant to the Order Regarding Procedures 

for Status Conference [Case No. 17-3283, ECF No. 27653; Case No. 

17-4780, ECF No. 5252], attached to this Agenda as Exhibit A (the 

“Procedures Order”), attorneys who have entered an appearance in the 

Title III cases and wish to participate as speakers in the proceedings 

must appear in person (either in the Hato Rey Courtroom or the New 

York Courtroom) and file an Informative Motion in accordance with 

paragraph 4 of the Procedures Order.

Attorneys, Members of the Public and Press: Attorneys and members 

of the public and press may listen to (but not view or participate in)

the proceedings by dialing (888) 363-4749 and entering the access code 

(7214978) and security code (7533) when prompted. 

Copies of Documents: Copies of all documents filed in these Title III cases are available free 

of charge (a) by visiting https://cases.ra.kroll.com/puertorico 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.

I. OPENING REMARKS BY THE COURT

II. NONDUPLICATIVE REMARKS BY COUNSEL ADDRESSING THE EXTENT TO 

WHICH LITIGATION CAN MOVE FORWARD, DURING THE PENDENCY OF 

REHEARING PETITIONS AND IN THE ABSENCE OF A MANDATE, ON ISSUES 

RELATING TO THE SCOPE AND VALUE OF THE BONDHOLDERS’ 

PERFECTED SECURITY INTERESTS AND THE NATURE AND VALUE 

RECOVERABLE FROM REMEDIES THAT MAY BE AVAILABLE TO THE 

BONDHOLDERS

1. Plan of Adjustment of the Puerto Rico Electric Power Authority. Modified Fourth 

Amended Title III Plan of Adjustment of the Puerto Rico Electric Power Authority [Case 

No. 17-3283, ECF No. 26561; Case No. 17-4780, ECF No. 4680] 

Related Documents: 

A. Disclosure Statement for Modified Second Amended Title III Plan of Adjustment 

of the Puerto Rico Electric Power Authority [Case No. 17-3283, ECF No. 23664; 

Case No. 17-4780, ECF No. 3297] 

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B. Order (I) Approving Disclosure Statement, (II) Fixing Voting Record Date, (III) 

Approving Confirmation Hearing Notice and Confirmation Schedule, (IV) 

Approving Solicitation Packages and Distribution Procedures, (V) Approving 

Forms of Ballots and Voting and Election Procedures, (VI) Approving Notice of 

Non-Voting Status, (VII) Fixing Voting, Election, and Confirmation Deadlines, 

and (VIII) Approving Vote Tabulation Procedures [Case No. 17-3283, ECF No. 

23675; Case No. 17-4780, ECF No. 3304] 

C. Supplemental Disclosure Statement for Corrected Fifth Modified Third Amended 

Title III Plan of Adjustment of the Puerto Rico Electric Power Authority [Case No. 

17-3283, ECF No. 25642; Case No. 17-4780, ECF No. 4171] 

D. Order (I) Approving Supplemental Disclosure Statement, (II) Fixing Voting Record 

Date, (III) Approving Confirmation Hearing Notice, (IV) Approving Solicitation 

Packages and Distribution Procedures, (V) Approving Forms of Ballots and Voting 

and Election Procedures, (VI) Approving Notice of Non-Voting Status, (VII) 

Fixing Voting and Election Deadlines, and (VIII) Approving Vote Tabulation 

Procedures [Case No. 17-3283, ECF No. 25661; Case No. 17-4780, ECF No. 

4181] 

E. Notice of Filing of Post-Hearing Proposed Findings of Fact and Conclusions of 

Law in Connection with Confirmation of the Modified Fourth Amended Title III 

Plan of Adjustment of the Puerto Rico Electric Power Authority [Case No. 17-

3283, ECF No. 27119; Case No. 17-4780, ECF No. 5128] 

F. Notice of Filing of Third Revised Proposed Order and Judgment Confirming 

Modified Fourth Amended Title III Plan of Adjustment of the Puerto Rico Electric 

Power Authority [Case No. 17-3283, ECF No. 27120; Case No. 17-4780, ECF 

No. 5129] 

G. Informative Motion of the Financial Oversight and Management Board for Puerto 

Rico Regarding Its Procedure to Conform PREPA’s Proposed Plan of Adjustment 

to First Circuit’s Decision in Amended Lien & Recourse Challenge [Case No. 17-

3283, ECF No. 27631; Case No. 17-4780, ECF No. 5243] 

H. Order Regarding Joint Status Report and Conference in Light of First Circuit 

Decision [Case No. 17-3283, ECF No. 27642; Case No. 17-4780, ECF No. 5247] 

I. Joint Status Report of Conferring Parties in Accordance with Court’s Order 

Regarding Joint Status Report and Conference in Light of First Circuit Decision [

Case No. 17-4780, ECF No. 5274]

Status: This matter is going forward. 

Estimated Time Required: 30 minutes. 

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Order and Number of Speakers: The names of counsel who intend to speak on this matter 

and time allocations for each party are listed below, in the order in which the parties shall 

present argument: 

1. Plan Proponents:

a. FOMB: Martin J. Bienenstock, 9 minutes

b. Fuel Line Lenders: Emil A. Kleinhaus, 2 minutes

c. Majority Member PREPA Ad Hoc Group: Andrew N. Rosenberg, 2 minutes 

d. UCC: Luc A. Despins, 2 minutes

2. Plan Opponents:

a. Assured: Mark C. Ellenberg, 5 minutes 

b. Golden Tree: Glenn M. Kurtz, 5 minutes 

c. Ad Hoc Bondholder Group: G. Eric Brunstad, Jr. or Stephen D. Zide, 5 minutes

III. CONSIDERATION OF NEXT STEPS

Status: This matter is going forward.

Estimated Time Required: 20 minutes. 

Order and Number of Speakers: The names of counsel who intend to speak on this matter 

for each party are listed below, in the order in which the parties shall present argument: 

1. Plan Proponents:

a. FOMB: Martin J. Bienenstock

b. Fuel Line Lenders: Emil A. Kleinhaus

c. Majority Member PREPA Ad Hoc Group: Andrew N. Rosenberg

d. UCC: Luc A. Despins

2. Government: 

a. AAFAF: Elizabeth L. McKeen

3. Plan Opponents:

a. Assured: Mark C. Ellenberg

b. Golden Tree: Glenn M. Kurtz or Thomas E. Lauria

c. PREPA Bond Trustee: Clark T. Whitmore 

d. National: Robert S. Berezin

e. Ad Hoc Bondholder Group: G. Eric Brunstad, Jr. or Stephen D. Zide 

[Remainder of page intentionally left blank] 

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Dated: July 8, 2024

San Juan, Puerto Rico 

Respectfully submitted,

/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 

/s/ Martin J. Bienenstock

Martin J. Bienenstock 

Paul V. Possinger 

Ehud Barak 

Margaret A. Dale

Michael T. Mervis

Daniel S. Desatnik

Elliot R. Stevens

(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

mdale@proskauer.com 

mmervis@proskauer.com 

ddesatnik@proskauer.com 

estevens@proskauer.com

Attorneys for the Financial 

Oversight and Management Board 

as representative for PREPA

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Exhibit A

Order Regarding Procedures for Status Conference

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240620 PROCEDURES ORD RE STATUS CONFERENCE VERSION JUNE 20, 2024 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

------------------------------------------------------------x

In re: PROMESA

Title III

THE FINANCIAL OVERSIGHT AND

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of No. 17 BK 3283-LTS

THE COMMONWEALTH OF PUERTO RICO (Jointly Administered)

et al.,

Debtors.1

------------------------------------------------------------x

ORDER REGARDING PROCEDURES FOR STATUS CONFERENCE

Pursuant to the Order Regarding Joint Status Report and Conference in Light of 

First Circuit Decision (Docket Entry No. 27642 in Case No. 17-3283 and Docket Entry No. 

5247 in Case No. 17-4780) (the “Status Conference Order”), the Court will hold a conference to 

address what further submissions or litigation may be necessary regarding the Title III plan 

confirmation proceedings for PREPA (the “Status Conference”). The Status Conference will be 

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 (the “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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240620 PROCEDURES ORD RE STATUS CONFERENCE VERSION JUNE 20, 2024 2

conducted on July 10, 2024, from 2:00 p.m. to 3:30 p.m. (Atlantic Standard Time). The 

Court will conduct the Status Conference in Courtroom 17C of the Daniel Patrick Moynihan 

Courthouse, 500 Pearl Street, New York, NY 10007 (the “New York Courtroom”), and by video 

teleconference in a courtroom to be designated in the United States District Court for the District 

of Puerto Rico, Clemente Ruiz Nazario US Courthouse, 150 Carlos Chardón Street, Federal 

Building, San Juan, Puerto Rico 00918-1767 (the “Hato Rey Courtroom”). All individuals in 

attendance in the New York Courtroom shall refrain from wearing cologne or perfume. The 

Status Conference shall be governed by the following procedures. 

Registration for In-Person Attendance and Listen-In Facilities for Attorneys, Members of 

the Public and Press

1. In-Person Participation. Judge Swain will be present in the New York 

Courtroom. Counsel for any party in interest (each a “Party”) who intend to participate in 

the Status Conference are expected to appear in person (either in the Hato Rey Courtroom 

or the New York Courtroom). Counsel for any Party that plans to participate in or observe the 

Status Conference must file an informative motion in accordance with paragraph 4. Informative 

motions are due no later than July 2, 2024, at 5:00 p.m. (Atlantic Standard Time). 

2. Listen-Only Public Access to the Status Conference. Members of the 

public, press, and attorneys may listen to but not participate in the Status Conference by 

dialing (888) 363-4749, and, when prompted, entering the access code (7214978) and security 

code (7533) for listen-only access. This telephonic access line for the press and the general 

public will be in listen-only mode at all times. Recording and retransmission of the proceedings 

by any means are prohibited.

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3. Live Observation of the Status Conference. Members of the public and 

press who wish to view but not participate in the Status Conference may do so by appearing in 

person at the Hato Rey Courtroom or the New York Courtroom. 

Status Conference Filing Deadlines

4. Party Informative Motion and Party Appearance Cover Sheet. 

Counsel for any Party that wishes to participate in or observe the Status Conference must register 

an appearance by filing an informative motion (the “Informative Motion”) no later than July 2, 

2024, at 5:00 p.m. (Atlantic Standard Time), identifying (a) the Party for which they intend to 

appear, (b) whether they intend to appear in the New York or Hato Rey Courtoom, and (c) the 

name(s) and email address(es) of the attorney(s) who will appear. Counsel must annex a Party 

Appearance Sheet (the form of which is attached as Exhibit A to this Order) as Exhibit A to the 

Informative Motion. Counsel may select one method of appearance for each attorney appearing 

at the Status Conference. Thereafter, counsel must file an Amended Party Appearance Sheet to 

change the method of appearance. 

5. Agenda. An agenda outlining the matters to be addressed and the 

projected timetable for the Status Conference must be filed by Debtors’ counsel by July 8, 2024,

at 5:00 p.m. (Atlantic Standard Time).

6. Courtroom Procedures. All persons appearing or observing in person or by 

telephonic means are reminded of the general prohibition against photographing, recording, and 

rebroadcasting of court proceedings. Violation of this prohibition may result in sanctions,

including removal of court issued media credentials, restricted entry to future hearings, denial of 

entry to future hearings, or any other sanctions deemed necessary by the Court. The formalities 

of a courtroom must be observed. 

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7. Electronic Device Policy in New York. Counsel with New York bar 

credentials are permitted to bring one cellular telephone into the New York courthouse in 

accordance with the Fifth Amended Standing Order M10-468.2 Counsel seeking to bring 

additional electronic devices into the New York Courtroom for the Status Conference must

complete the Electronic Device General Purpose Form available on the Court’s website at 

https://www.nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose and 

submit the completed form to the following address: swaindprcorresp@nysd.uscourts.gov by 

July 2, 2024, at 12:00 p.m. (Atlantic Standard Time). Such requests must be compliant with 

S.D.N.Y. Standing Order M10‐468. The Court directs counsel’s attention to the technical and

device usage restrictions detailed in the Fifth Amended Standing Order. Devices may not be 

used for communications purposes in the courtroom and no recording or transmission of the 

proceedings is permitted.

8. Electronic Device Policy in Hato Rey Courtroom. Counsel with Puerto 

Rico bar credentials are permitted to bring electronic devices into the Hato Rey courthouse. 

Counsel authorized to appear Pro Hac Vice in the Title III proceedings shall present (i) a paper 

or hard copy of the order granting Pro Hac Vice admission, and (ii) a current government-issued 

photo identification.3 Devices may not be used for communications purposes in the courtroom

and no recording or transmission of the proceedings is permitted.

9. Courthouse Entry Policies. Persons intending to attend in one of the 

2 The Fifth Amended Standing Order is available at 

https://nysd.uscourts.gov/sites/default/files/2022-

04/20mc316%205th%20amd%20standing%20order.pdf.

3 The electronic devices policy for the United States District Court for the District of 

Puerto Rico is available at https://promesa.prd.uscourts.gov/electronic-devices-policies. 

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courthouses should check the relevant court website for up-to-date information and procedures.

SO ORDERED.

Dated: June 20, 2024

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

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