EXHIBIT 23 

Case:17-03283-LTS Doc#:24535-23 Filed:06/12/23 Entered:06/12/23 21:36:46 Desc:

Exhibit AHG Ex 23 2023-05-24 Excerpted Porter_FULL Page 1 of 7
1

2 IN THE UNITED STATES DISTRICT COURT

 FOR THE DISTRICT OF PUERTO RICO

3 Case No. 17-BK-3283-LTS

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

4 In re:

5 THE FINANCIAL OVERSIGHT AND MANAGEMENT

 BOARD FOR PUERTO RICO,

6

 as representative of

7

 THE COMMONWEALTH OF PUERTO RICO, et al.,

8

 Debtors.

9 -----------------------------------------x

 Case No. 17-BK-4780-LTS

1 0 -----------------------------------------x

 In re:

1 1

 THE FINANCIAL OVERSIGHT AND MANAGEMENT

1 2 BOARD FOR PUERTO RICO,

1 3 as representative of

1 4 THE PUERTO RICO ELECTRIC POWER AUTHORITY,

1 5 Debtor.

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

1 6 May 24, 2023

 9:28 a.m.

1 7

1 8 VIDEOTAPED DEPOSITION of LUCAS

1 9 PORTER, held at the offices of Kramer Levin

2 0 Naftalis & Frankel LLP, located at 1177

2 1 Avenue of the Americas, New York, New York

2 2 10036, before Anthony Giarro, a Registered

2 3 Professional Reporter, a Certified Realtime

2 4 Reporter and a Notary Public of the State

2 5 of New York.

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Case:17-03283-LTS Doc#:24535-23 Filed:06/12/23 Entered:06/12/23 21:36:46 Desc:

Exhibit AHG Ex 23 2023-05-24 Excerpted Porter_FULL Page 2 of 7
1 LUCAS PORTER

2 specifically.

3 Q What's the IRP?

4 A The integrated resource

5 plan.

6 Q Which IRP are you're

7 referring to when you say the IRP?

8 A The 2019 IRP.

9 Q Do you recall what that

1 0 analysis says?

1 1 A No, I do not.

1 2 Q Just to confirm, you -- did

1 3 you discuss anything else with respect to

1 4 any energy efficiency with Mr. Gil?

1 5 A No.

1 6 Q And when you say that the

1 7 base case complies with Act 17, you mean

1 8 that the base case assumes a 30 percent

1 9 reduction in energy usage by 2040?

2 0 A That's correct.

2 1 Q And as far as you know,

2 2 PREPA has not performed any analysis of

2 3 whether that's realistic?

2 4 A I don't know that to be the

2 5 case.

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Case:17-03283-LTS Doc#:24535-23 Filed:06/12/23 Entered:06/12/23 21:36:46 Desc:

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1 LUCAS PORTER

2 Q Does PREPA know -- has PREPA

3 performed any analysis of whether

4 compliance with Act 17 is realistic?

5 MS. PAVEL: Objection. This

6 is beyond the scope of the topics

7 that we agreed to. You could answer

8 in your own capacity, if you know.

9 MR. MAYRELL: Counsel, this

1 0 is with respect to the base case

1 1 information that you all agreed to

1 2 allow PREPA to testify about.

1 3 MS. PAVEL: So are you

1 4 asking if analysis was done in

1 5 connection with preparing the base

1 6 case or just generally?

1 7 MR. MAYRELL: In connection

1 8 with preparing the base case.

1 9 A In connection with preparing

2 0 the base case, there was not.

2 1 Q And just to close the loop

2 2 on that and draw an objection, what about

2 3 generally?

2 4 MS. PAVEL: Same objection,

2 5 asked and answered.

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1 LUCAS PORTER

2 Q You can answer.

3 A Potentially in the IRP, but

4 I don't know for sure.

5 Q You also said that you

6 discussed electric vehicles with Mr. Gil;

7 is that right?

8 A Yes.

9 Q What did you discuss about

1 0 electric vehicles with Mr. Gil?

1 1 A I think we discussed the

1 2 difference between the base case and the

1 3 alternative forecast.

1 4 Q When you refer to the

1 5 alternative forecast, what are you

1 6 referring to?

1 7 A The alternative load

1 8 forecast in the 2022 certified fiscal

1 9 plan.

2 0 Q What difference is there

2 1 with -- between those two forecasts with

2 2 respect to electric vehicles?

2 3 A So the base case has a lower

2 4 uptake of electric vehicles than the

2 5 alternative forecast.

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1 LUCAS PORTER

2 A Compared with the base

3 forecast that was submitted?

4 Q Yes.

5 A I don't believe there was.

6 Q Was the alternative forecast

7 included in the final draft prepared by

8 PREPA?

9 A Not that I recall, no.

1 0 Q So the oversight board added

1 1 the alternative forecast?

1 2 A Yes. I believe so. So that

1 3 could be an example of a change.

1 4 Q Were there any differences

1 5 with respect to forecasted capital

1 6 expenses between the final draft and the

1 7 final certified versions of the fiscal

1 8 plan?

1 9 A I don't believe there were.

2 0 Q Did PREPA or Ankura have the

2 1 opportunity to review the alternative

2 2 forecast before the certified fiscal plan

2 3 was submitted?

2 4 A I believe we did receive

2 5 from LUMA, a worksheet that presented the

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Case:17-03283-LTS Doc#:24535-23 Filed:06/12/23 Entered:06/12/23 21:36:46 Desc:

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1 LUCAS PORTER

2 alternative forecast. But it was like an

3 FYI.

4 Q Did PREPA have any

5 assessment of the merits of that

6 alternative forecast?

7 A Not that I recall. And we

8 weren't asked to provide any.

9 Q How did PREPA -- how did

1 0 PREPA or Ankura choose between using the

1 1 alternative forecast versus the base

1 2 forecast?

1 3 MS. PAVEL: Objection to

1 4 form.

1 5 A There wasn't a choice for

1 6 us.

1 7 Q Why did you use the base

1 8 forecast?

1 9 MS. PAVEL: Objection to

2 0 form and misstates prior testimony.

2 1 Q Why did PREPA use the base

2 2 forecast in its draft of the fiscal plan?

2 3 A Because that was the

2 4 forecast we were essentially instructed

2 5 to use. It's the forecast that is

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Case:17-03283-LTS Doc#:24535-23 Filed:06/12/23 Entered:06/12/23 21:36:46 Desc:

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