1 

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 

THE COMMONWEALTH OF PUERTO RICO, et al., 

 

Debtors. 

PROMESA 

Title III 

No. 17 BK 4780-LTS 

Re: ECF Nos. 24847, 24849 

This filing relates only to PREPA 

URGENT UNOPPOSED MOTION FOR EXTENSION OF DEADLINES 

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-BK3567-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-BK3566-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”) respectfully submits this urgent 

unopposed motion (the “Urgent Motion”) for entry of an order, substantially in the form attached 

hereto as Exhibit A (the “Proposed Order”), extending the deadlines set forth in the Order 

Scheduling Briefing of Power Constructors, Inc.’s Motion for Allowance and Payment of 

Administrative Expense Claims in the Total Sum of $224,828.12 [ECF No. 24849] (the 

“Scheduling Order”). 

Request for Relief 

1. On August 4, 2023, Power Constructors, Inc. (“Movant”) filed Power 

Constructors, Inc.’s Motion for Allowance and Payment of Administrative Expense Claims in the 

Total Sum of $224,828.12 [ECF No. 24847] (the “Motion”). The Motion alleges that Movant 

“enter[ed] into a professional services contract with [Movant] to conduct an analytical study to 

help Puerto Rico obtain the most efficient, sustainable, and resilient power generation mix,” and 

“[a]fter rendering the services as contractually obligated, Movant proceeded to submit five (5) 

invoices totaling $224,828.12, which have not been paid by PREPA.” Mot. at 2. Accordingly, 

the Motion requests this Court “allow [Movant’s] claim in the aggregate amount of $224,828.12 

as an administrative expense claim and order[] to immediately pay the same . . . .” See Mot. at 3. 

2. On August 7, 2023, the Court entered the Scheduling Order, which provides that 

responses to the Motion must be filed by August 21, 2023 at 5:00 PM (AST), and Movant’s reply 

by August 28, 2023 at 5:00 PM (AST). 

3. Since the filing of the Motion, PREPA has begun researching the allegations set 

forth in the Motion and gathering the relevant information, including information requested from 

counsel for Movant, necessary to evaluate the allegations and relief requested in the Motion and 

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to determine whether a consensual resolution is possible. Accordingly, PREPA, with no 

opposition from Movant, proposes the following extensions of the deadlines set forth in the 

Scheduling Order: 

 The deadline to respond to the Motion shall be extended to September 11, 2023. 

 The deadline for Movant to file a reply to a response, if any, shall be extended to 

September 18, 2023.

 The Court will thereafter take the Motion on submission, unless the Court determines 

that a hearing is necessary. 

4. Pursuant to Paragraph I.H of the Seventeenth Amended Notice, Case Management 

and Administrative Procedures [ECF No. 24726-1] (the “Case Management Procedures”), PREPA 

hereby certifies that it has carefully examined the matter and concluded that there is a true need 

for an urgent motion; it has not created the urgency through any lack of due diligence; has made a 

bona fide effort to resolve the matter without a hearing; has made reasonable, good-faith 

communications in an effort to resolve or narrow the issues that are being brought to the Court, 

and Movant does not oppose the request in this urgent motion. 

Notice 

5. PREPA has provided notice of this motion in accordance with the Case 

Management Procedures to the following parties: (a) the Office of the United States Trustee for 

the District of Puerto Rico; (b) the indenture trustees and/or agents, as applicable, for the Debtors’ 

bonds; (c) the entities on the list of creditors holding the 20 largest unsecured claims against 

COFINA; (d) counsel to the statutory committees appointed in these Title III cases; (e) the Office 

of the United States Attorney for the District of Puerto Rico; (f) counsel to the Oversight Board; 

(g) the Puerto Rico Department of Justice; (h) all parties filing a notice of appearance in these Title 

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III cases; and (i) Movant. A copy of the motion is also available on PREPA’s case website at: 

https://cases.ra.kroll.com/puertorico/. 

6. PREPA submits that, in light of the nature of the relief requested, no other or further 

notice need be given. 

WHEREFORE PREPA requests the Court enter the Proposed Order and grant such other 

relief as is just and proper. 

Dated: August 21, 2023 

 San Juan, Puerto Rico 

Respectfully submitted, 

 /s/ Hermann D. Bauer 

Hermann D. Bauer

USDC No. 215205

Carla García-Benítez 

USDC No. 203708 

Gabriel A. Miranda 

USDC No. 306704 

O’NEILL & BORGES LLC 

250 Muñoz Rivera Ave., Suite 800 

San Juan, PR 00918-1813 

Tel: (787) 764-8181 

Fax: (787) 753-8944

/s/ Paul V. Possinger 

Martin J. Bienenstock 

Ehud Barak 

Paul V. Possinger 

(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 

 ebarak@proskauer.com 

 ppossinger@proskauer.com 

Attorneys for the Financial 

Oversight and Management Board 

as representative for PREPA

 

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Exhibit A 

Proposed Order 

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1 

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 

Re: ECF No. __________ 

(Jointly Administered) 

ORDER GRANTING URGENT UNOPPOSED 

MOTION FOR EXTENSION OF DEADLINES 

Upon the Urgent Unopposed Motion for Extension of Deadlines [ECF No. _____] (the 

“Extension Motion”);2 and the Court having found it has subject matter jurisdiction over this 

1

 The Debtors in these Title III cases, along with each Debtor’s respective Title III case number 

listed as a bankruptcy case number due to software limitations 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) 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), (iii) Puerto Rico Highways and Transportation Authority 

(“HTA”) (Bankruptcy Case No. 17-BK-3567 (LTS)) (Last Four Digits of Federal Tax ID: 

3808), (iv) Puerto Rico Sales Tax Financing Corporation (“COFINA”) (Bankruptcy Case No. 

17-BK-3284 (LTS)) (Last Four Digits of Federal Tax ID: 8474), (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). 

2

 Capitalized terms used but not otherwise defined herein have the meanings given to them in the 

Extension Motion. 

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matter pursuant to PROMESA section 306; and it appearing that venue in this district is proper 

pursuant to PROMESA section 307; and the Court having found that the relief requested in the 

Extension Motion is in the best interests of PREPA and Movant; and the Court having found that 

PREPA provided adequate and appropriate notice of the Extension Motion under the 

circumstances and that no other or further notice is required; and the Court having reviewed the 

Extension Motion; and the Court having determined that the factual bases set forth in the Extension 

Motion establish just cause for the relief granted herein; and after due deliberation and sufficient 

cause appearing therefor, it is HEREBY ORDERED THAT: 

1. The Extension Motion is granted as set forth herein. 

2. The deadline to respond to the Motion shall be extended to September 11, 2023. 

3. The deadline for Movant to file a reply shall be extended to September 18, 2023. 

4. The Court will thereafter take the Motion on submission, unless the Court determines 

that a hearing is necessary. 

Dated: ___________, 2023 

___________________________________ 

HONORABLE LAURA TAYLOR SWAIN 

UNITED STATES DISTRICT COURT JUDGE 

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