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

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

(Jointly Administered)

RESPONSE OF THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR 

PUERTO RICO TO INFORMATIVE MOTION OF PV PROPERTIES, INC.

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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To the Honorable United States District Court Judge Laura Taylor Swain:

The Financial Oversight and Management Board for Puerto Rico (the “Oversight Board”), 

as the sole Title III representative of the Puerto Rico Electric Power Authority (“PREPA”) 

pursuant to PROMESA section 315(b), files this response to the Information Motion (the 

“Informative Motion”) filed by PV Properties, Inc. (“PV Properties”) [ECF No. 24097], and 

respectfully states as follows:

1. Pursuant to the Amended and Restated Order Establishing, Among Other Things, 

Procedures and Deadlines Concerning Objections to Confirmation and Discovery in Connection 

Therewith [ECF No. 3305] (the “Confirmation Procedures Order”), the deadline for all parties to 

serve Production Requests2 was April 14, 2023, and the deadline for all parties to serve 

Interrogatories was April 21, 2023. See Confirmation Procedures Order ¶¶ 15, 17. 

2. On May 2, 2023—nearly two and a half weeks after the deadline to serve 

Production Requests, and nearly one and a half weeks after the deadline to serve Interrogatories—

counsel for PV Properties served upon counsel for the Oversight Board its Interrogatories and 

Request for Production of Documents (the “PVP Properties Discovery Requests”). 

3. The Informative Motion, also filed on May 2, 2023, purports to notify the Court 

that PV Properties “forwarded” the PV Properties Discovery Requests to counsel for the Oversight 

Board.

4. Pursuant to the Confirmation Procedures Order, PV Properties’ Discovery Requests

are untimely, as they were served well past the relevant deadlines set forth in the Confirmation 

Procedures Order. The deadlines in the Confirmation Procedures Order were set by the Court to 

2 Capitalized terms not defined herein shall have the meanings ascribed to them in the 

Confirmation Procedures Order. 

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enable the parties to proceed to a hearing on confirmation of the Plan in July. It would be 

prejudicial to the Oversight Board if it were forced to respond to untimely Discovery Requests. 

Nor does PV Properties even provide an explanation for its untimeliness. Accordingly, the 

Oversight Board declines to respond to either the untimely Production Requests or the 

Interrogatories.

[Remainder of Page Intentionally Left Blank]

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Dated: May 3, 2023

New York, New York

Respectfully submitted,

/s/ Margaret A. Dale

Martin J. Bienenstock

Paul V. Possinger

Ehud Barak

Margaret A. Dale

Michael T. Mervis

Julia D. Alonzo

Laura Stafford

Javier F. Sosa

(Admitted Pro Hac Vice)

PROSKAUER ROSE LLP

Eleven Times Square

New York, NY 10036

Tel: (212) 969-3000

Fax: (212) 969-2900

Attorneys for the Financial Oversight and 

Management Board, as representative for 

PREPA

/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

Co-Attorneys for the Financial 

Oversight and Management Board, as 

representative for PREPA

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CERTIFICATE OF SERVICE

I hereby certify that, on this same date, I electronically filed the foregoing with the Clerk 

of the Court using the CM/ECF system, which will send notifications of such filing to all CM/ECF 

participants in this case.

/s/ Hermann D. Bauer

Hermann D. Bauer

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