230615 ORD RE RULE 5.1 NOTICE VERSION JUNE 15, 2023 1

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

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

ORDER REGARDING CERTIFICATION OF CONSTITUTIONAL CHALLENGE TO A STATUTE

The Court has received and reviewed the Notice of Constitutional Challenge to 

Federal Statute by UTIER (Docket Entry No. 24578 in Case No. 17-3283 and Docket Entry No. 

3752 in Case No. 17-4780, the “Notice”), filed by Unión de Trabajadores de la Industria 

Eléctrica y Riego (“UTIER”), providing notice that its objection (Docket Entry No. 24534 in 

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-BK3283-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).

Case:17-03283-LTS Doc#:24587 Filed:06/15/23 Entered:06/15/23 13:02:11 Desc: Main

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230615 ORD RE RULE 5.1 NOTICE VERSION JUNE 15, 2023 2

Case No. 17-3283 and Docket Entry No. 3706 in Case No. 17-4780) (the “UTIER Objection”) to 

the proposed order confirming the Modified Second Amended Title III Plan of Adjustment of the 

Puerto Rico Electric Power Authority (Docket Entry No. 23663 in Case No. 17-3283 and Docket 

Entry No. 3296 in Case No. 17-4780) questions the constitutionality of the Puerto Rico 

Oversight, Management, and Economic Stability Act (“PROMESA”), 48 U.S.C. § 2101 et seq.

Where “[a] party [] files a pleading, written motion, or other paper drawing into

question the constitutionality of a federal . . . statute,” the Federal Rules of Civil Procedure

require the Court to certify the constitutional challenge to the Attorney General. Fed. R. Civ. P. 

5.1(b).

2

 

It is hereby ORDERED that UTIER’s challenge to the constitutionality of 

PROMESA is certified to the Attorney General of the United States; and it is further

ORDERED that the Clerk of this Court shall forward a copy of this Order and the 

UTIER Objection to the Attorney General of the United States.

SO ORDERED.

Dated: June 15, 2023

 /s/ Laura Taylor Swain

LAURA TAYLOR SWAIN

United States District Judge

2 Rule 5.1 of the Federal Rules of Civil Procedure is made applicable to this proceeding by 

rule 9005.1 of the Federal Rules of Bankruptcy Procedure, as incorporated by section 310 

of PROMESA. 48 U.S.C. § 2170.

Case:17-03283-LTS Doc#:24587 Filed:06/15/23 Entered:06/15/23 13:02:11 Desc: Main

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