EXHIBIT 4

Case:17-03283-LTS Doc#:24173-4 Filed:05/08/23 Entered:05/08/23 23:44:50 Desc:

Exhibit 4 Page 1 of 5
Proskauer Rose LLP Eleven Times Square New York, NY 10036-8299

Beijing | Boca Raton | Boston | Chicago | Hong Kong | London | Los Angeles | New Orleans | New York | Paris | São Paulo | Washington, DC

April 24, 2023

VIA E-MAIL

Nicholas Bassett, Esq.

Paul Hastings LLP 

2050 M Street NW 

Washington, DC 20036

Re: In re: The Financial Oversight and Management Board For Puerto Rico, as

Representative of Puerto Rico Electric Power Authority, No. 17-04780-LTS

Dear Nick:

I write on behalf of the Financial Oversight and Management Board for Puerto Rico (the 

“Oversight Board”), as Title III representative of the Puerto Rico Electric Power Authority 

(“PREPA”), in response to your request for an update on our searches and investigations made at 

the April 19 meet and confer (the “Meet and Confer”) in connection with the Official Committee 

of Unsecured Creditors’ First Set of Document Requests (the “Requests,” and each individual 

request therein a “Request”).

Document Requests. Below is an update on each document request discussed at the meet 

and confer for which you have requested an update.

Request Nos. 9 and 10 (Documents concerning payments of Current Expenses). The 

Oversight Board is working with LUMA and AAFAF to investigate this request and will provide 

an update when one is available. 

Request No. 11 (Documents concerning requests for payment as a Current Expense). We 

will be uploading documents responsive to this Request on or before Wednesday, April 26 in the 

folder labeled “Claims and Class Recovery.” 

Request No. 20 (Documents on which the asserted National Reimbursement Claim is 

based). Documents responsive to this Request are now in the Plan Depository, in the folder labeled

“Plan Support Agreement with National.” 

Request No. 21 (Documents from National regarding the National Reimbursement Claim). 

Documents responsive to this Request are now in the Plan Depository, in the folder labeled “Plan 

Support Agreement with National.” 

Request Nos. 23-26 (Documents regarding the National Reimbursement Claim and the 

Interim Charge). We are continuing to investigate these Requests with our advisors and will 

provide an update as soon as we can.

Julia D. Alonzo

Senior Counsel

d +1.212.969.4558

f 212.969.2900

jalonzo@proskauer.com

www.proskauer.com

Case:17-03283-LTS Doc#:24173-4 Filed:05/08/23 Entered:05/08/23 23:44:50 Desc:

Exhibit 4 Page 2 of 5
Nicholas Bassett, Esq.

April 24, 2023

Page 2

Request No. 31 (Documents concerning analyses of the Second Amended Plan). As 

requested during the Meet and Confer, on April 19, we sent you via email the password to certain 

of the models and spreadsheets in the Plan Depository. 

Request No. 32 (Documents concerning affordability analyses of the New Bonds). 

Following service of our Responses and Objections to your Requests on April 7, 2023, and in 

connection with our ongoing discussions with the Ad Hoc Group of PREPA Bondholders, we have 

uploaded several additional responsive documents to the “Legacy Charge Model and Related 

Data” folder. We have also uploaded a document at FOMB_PREPA 00023690 - FOMB_PREPA 

00023691 with explanatory information regarding the affordability analyses, and we intend to 

upload a second document with additional explanatory information by Wednesday, April 26.

Request No. 33(a) (Demand and dispatch of generation units for 2021 and 2022). The 

Oversight Board is continuing to work with LUMA to determine whether LUMA has additional 

information responsive to this Request and will provide an update when one is available. 

Request No. 33(b) (Customer account data). The Oversight Board is continuing to work 

with LUMA to determine whether LUMA has additional information responsive to this Request

beyond the information that is in the folder labeled “Factual Source Materials and Raw Data 

Underlying the Disclosure Statement” in the Plan Depository and will provide an update when one 

is available. 

Request Nos. 33(c) and (d) (Customer requests for distributed energy resources 

interconnection). As stated in our Responses and Objections, residential customers are not always 

required to make distributed generation interconnection requests to LUMA. Customers with 

systems greater than 25 kW are required to submit a Net Energy Metering application. A record 

of such applications is available at Docket No. NEPR-MI-2019-0016 on PREB’s website. 

Additional information responsive to these Requests is available at FOMB_PREPA 00001493 and 

FOMB_PREPA 00023700 in the Plan Depository.

Request No. 33(e) (Requests for service termination or permanent disconnection). The 

Oversight Board has confirmed with LUMA that LUMA does not track information responsive to 

this Request, and accordingly there are no responsive documents to produce. 

Request No. 34 (Documents related to the operations of the Puerto Rico generation fleet). 

The Oversight Board has investigated this Request with LUMA. With respect to subpart (a), the 

Oversight Board refers the Committee to Docket No. NEPR-MI-2020-0001 on PREB’s website, 

in which historical fuel costs are filed on a quarterly basis. The Oversight Board is continuing to 

investigate this Request with LUMA and will provide an update when one is available. 

Request No. 35 (Documents concerning customers’ use of customer-generated or off-grid 

electricity). The Oversight Board is continuing to investigate this Request and will provide an 

update when one is available. 

Case:17-03283-LTS Doc#:24173-4 Filed:05/08/23 Entered:05/08/23 23:44:50 Desc:

Exhibit 4 Page 3 of 5
Nicholas Bassett, Esq.

April 24, 2023

Page 3

Request No. 36 (Documents concerning subsidies provided to PREPA’s customers). The 

Oversight Board refers the Committee to FOMB_PREPA 00000023, FOMB_PREPA 00001573, 

FOMB_PREPA 00001476 – FOMB_PREPA00001492, FOMB_PREPA 00001471 –

FOMB_PREPA 00001472 and FOMB_PREPA 00001494 – FOMB_PREPA 00001569, located 

in the folder labeled “Factual Source Materials and Raw Data Underlying Disclosure Statement”

in the Plan Depository. The Oversight Board also refers the Committee to Docket No. NEPR-MI2020-0001 on the PREB website, in which information related to subsidies is available. 

Request No. 40 (Documents related to the PREPA Pension Claim and Recovery 

presentation). The Oversight Board is continuing to investigate this Request with its advisors and 

will provide an update when one is available.

Request No. 41 (Documents showing weekly cash flow actuals). We intend to upload 

weekly cash flow reports from March 18, 2023 to April 14, 2023 by Wednesday, April 26, and we 

will continue to upload such documents to the Plan Depository as they are made available through 

the close of fact discovery. 

Request No. 42 (Documents concerning Debtor’s assets). The Oversight Board is 

continuing to investigate this Request with its advisors and will provide an update when one is 

available.

Request Nos. 43 and 44 (Documents concerning determination of Debtor’s assets as 

“essential”). The Oversight Board is continuing to investigate this Request with its advisors and 

will provide an update when one is available.

Request Nos. 45 and 46 (Documents showing accounts receivable by government agency 

or customer class and by aging bucket). The Oversight Board is continuing to work with LUMA 

to investigate this Request and will provide an update when one is available. 

Request No. 47 (Documents showing all efforts undertaken by the Debtor to collect on or 

monetize past-due accounts receivable). The Oversight Board is continuing to work with LUMA 

to investigate this Request and will provide an update when one is available. 

Request No. 48 (Documents concerning litigations and claims transferring to the 

Avoidance Actions Trust). As discussed on the Meet and Confer, the folder labeled “Certain 

Briefing Relating to Litigation Settlements” contains subfolders for individual litigations that will 

be transferred to the Avoidance Actions Trust. Accordingly, the subfolders titled “19-381 – Core 

Laboratories, N.V.” and “19-384 – Puerto Nuevo Security Guards, Inc.” contain documents 

responsive to this Request. The Oversight Board is also continuing to investigate this Request and 

will provide an update when one is available. 

Request Nos. 52 and 55 (Documents concerning General Unsecured Claims). As stated on 

the Meet and Confer, the Oversight Board intends to upload a claims report to the Plan Depository 

in the near term. 

Case:17-03283-LTS Doc#:24173-4 Filed:05/08/23 Entered:05/08/23 23:44:50 Desc:

Exhibit 4 Page 4 of 5
Nicholas Bassett, Esq.

April 24, 2023

Page 4

Request No. 53 (Documents regarding the estimated rejection damages claim if UTIER 

CBA is rejected). The Oversight Board is investigating this Request with its advisors and will 

provide an update as soon as one is available.

Request No. 56 (Documents concerning the Oversight Board’s inclusion or exclusion of 

claims from Class 7). The Oversight Board directs the Committee to FOMB_PREPA 00002872–

FOMB_PREPA 00002992 and the folders labeled “Certain Public Employee Collective 

Bargaining Agreements” and “Certain Briefing Related to Litigation Settlements,” and 

specifically, to the subfolders labeled “19-ap-396 – Fuel Line Lenders Litigation” and “19-ap-453 

– Vitol Litigation,” in the Plan Depository. The Oversight Board continues to investigate this 

Request and will provide any further updates as soon as they are available.

Request No. 57 (Documents showing payments of prepetition unsecured claims made by 

PREPA, the Commonwealth, or its instrumentalities since the commencement of the Title III 

Case). The Oversight Board is continuing to investigate this Request and will provide an update 

when it is available. 

We remain willing to continue discussing open issues with you.

Julia D. Alonzo

cc: Elizabeth McKeen, Esq.

Case:17-03283-LTS Doc#:24173-4 Filed:05/08/23 Entered:05/08/23 23:44:50 Desc:

Exhibit 4 Page 5 of 5