Presentment Date: March 1, 2018 

Objection Deadline: February 28, 2018 at 5:00 p.m. (Atlantic Standard Time)

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

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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)

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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

This Motion relates only 

to PREPA, and shall be filed in 

Case No. 17 BK 3283-LTS and 

Case No. 17 BK 4780-LTS

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NOTICE OF PRESENTMENT OF ORDER PARTIALLY GRANTING 

MOTION FOR A MODIFICATION OF THE AUTOMATIC STAY

PLEASE TAKE NOTICE that on January 9, 2018, Abengoa, S.A. (“ASA”) and its 

wholly-owned subsidiary Abengoa Puerto Rico, S.E. (“APR”) (jointly “Abengoa”) filed a 

motion for relief from the automatic stay [Case No. 17-bk-4780, ECF No. 528].

 

1

 The Debtors in the jointly-administered 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 (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) 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); (iv) Puerto Rico Highways 

and Transportation Authority (“HTA”) (Bankruptcy Case No. 17 BK 3567-LTS) (Last Four Digits of Federal 

Tax ID: 3808); and (v) Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy Case No. 17 BK 4780-

LTS) (Last Four Digits of Federal Tax ID: 3747) (Title III case numbers are listed as Bankruptcy Case numbers 

due to software limitations).

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PLEASE TAKE FURTHER NOTICE that on January 23, 2018, the Puerto Rico 

Electric Power Authority (“PREPA”) filed an objection to Abengoa’s motion [Case 

No. 17-bk-4780, ECF No. 541].

PLEASE TAKE FURTHER NOTICE at the February 7, 2018 omnibus hearing, 

PREPA and Abengoa informed the Court that they reached an agreement to partially resolve 

Abengoa’s motion.

PLEASE TAKE FURTHER NOTICE the Puerto Rico Fiscal Agency and Financial 

Advisory Authority (“AAFAF”), on behalf of PREPA, hereby presents the Order Partially 

Granting Motion for a Modification of the Automatic Stay (the “Abengoa Lift Stay Order”) to the 

Honorable Laura Taylor Swain, United States District Judge, sitting in the United States District 

Court for the District of Puerto Rico, 150 Carlos Chardón Street, Federal Building, Office 150, 

San Juan, P.R. 00918-1767 for signature on March 1, 2018.

PLEASE TAKE FURTHER NOTICE that the Abengoa Lift Stay Order is attached as 

Exhibit 1.

PLEASE TAKE FURTHER NOTICE that unless a written objection to the Abengoa 

Lift Stay Order is filed with the Court in accordance with the Third Amended Notice, Case 

Management and Administrative Procedures (the “Case Management Procedures”) 

[Case No. 17-bk-3283, ECF No. 1512-1] by 5:00 p.m. (AST) on February 28, 2018, no hearing 

will be held and the Abengoa Lift Stay Order may be approved by this Court.

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Dated: February 22, 2018

San Juan, Puerto Rico

Respectfully submitted,

THE PUERTO RICO FISCAL AGENCY AND 

FINANCIAL ADVISORY AUTHORITY,

By its attorneys,

/s/ Kevin D. Finger

Kevin D. Finger (admitted pro hac vice) 

David D. Cleary (admitted pro hac vice) 

Greenberg Traurig, LLP

77 West Wacker Drive, Suite 3100

Chicago, IL 60601

Phone: 312.456.8400

Fax: 312.456.8435

Email: fingerk@gtlaw.com 

clearyd@gtlaw.com

Nancy A. Mitchell (admitted pro hac vice) 

Nathan A. Haynes (admitted pro hac vice) 

Greenberg Traurig, LLP

200 Park Avenue

New York, NY 10166

Phone: 212.801.9200

Fax: 212.801.6400

Email: mitchelln@gtlaw.com

haynesn@gtlaw.com

PUERTO RICO ELECTRIC POWER 

AUTHORITY 

By its attorneys,

/s/ Katiuska Bolaños-Lugo

Arturo Diaz-Angueira (USDC No. 117907)

Katiuska Bolaños-Lugo (USDC No. 231812)

CANCIO, NADAL, RIVERA & DIAZ, PSC

403 Muñoz Rivera Ave.

San Juan, PR 00918-3345

Tel: (787) 767-9625

Fax: (787) 622-2230

Email: kbolanos@cnrd.com 

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Exhibit 1

Abengoa Lift Stay Order

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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

Court Filing Relates Only to 

PREPA and Shall Only Be Filed 

in Case No. 17 BK 4780-LTS

ORDER PARTIALLY GRANTING MOTION FOR A MODIFICATION OF THE AUTOMATIC STAY

Debtor Puerto Rico Electric Power Authority (“PREPA”) is the defendant, counterclaim 

plaintiff, and third-party plaintiff in Case No. K AC 2000-2759 (803), titled Abengoa Puerto Rico, 

S.E. v. Autoridad de Energía Eléctrica de Puerto Rico, pending before the Superior Court of San 

 

1 The Debtors in the jointly-administered 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 (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) 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); (iv) Puerto Rico Highways and Transportation Authority 

(“HTA”) (Bankruptcy Case No. 17 BK 3567-LTS) (Last Four Digits of Federal Tax ID: 3808); and (v) Puerto Rico 

Electric Power Authority (“PREPA”) (Bankruptcy Case No. 17 BK 4780-LTS) (Last Four Digits of Federal Tax ID: 

3747). (Title III case numbers are listed as Bankruptcy Case numbers due to software limitations). 

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Juan, Puerto Rico (the “Litigation”). Abengoa, S.A. and its wholly-owned subsidiary Abengoa

Puerto Rico, S.E. (“Movants”), the plaintiff/counterclaim defendant and a third-party defendant in 

the Litigation, have requested by Motion and Memorandum of January 9, 2018 (the “Motion,” 

Doc. No. 528) that the Bankruptcy Code Section 362 automatic stay applicable by way of 

PROMESA Section 301(a) be modified so as to allow for the resumption of the previously 

commenced Litigation trial in mid-June 2018. PREPA, appearing through the Puerto Rico Fiscal 

Agency and Financial Authority (“AAFAF”), filed an Objection to said Motion (Doc. No. 541), 

to which Movants submitted their Reply (Doc. No. 544).

At the February 7, 2018 omnibus hearing PREPA and the Movants reached an agreement 

whereby they stipulated to modify the automatic stay for purposes of completing and executing 

stipulations of fact, excerpts of testimony, and admissibility of documents required by the Special 

Master assigned to the Litigation, a process which necessarily involves the participation of the 

Special Master. PREPA and the Movants also agreed to modify the automatic stay to allow the 

parties to engage in settlement negotiations to the extent they would otherwise be precluded by the 

stay, and to set the Motion over until the April 25, 2018 Omnibus Hearing. 

In light of said stipulation, the Motion is granted, in part, as follows. 

(1) The automatic stay is hereby modified with respect to the Litigation for the limited

purpose of allowing PREPA and the Movants to complete and execute stipulations of facts, 

excerpts of testimony, and admissibility of relevant documents as required by the Special Master, 

a process which will necessarily require the participation of the Special Master. 

(2) The automatic stay is also modified to the extent required to allow the parties to 

engage in negotiations towards a potential settlement of the Litigation. 

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(3) The Motion is hereby rescheduled for the April 25, 2018 Omnibus Hearing with 

respect to the issue of the trial resumption date. The Movants and PREPA shall issue a joint report 

on the status of this matter on or before April 23, 2018 at 12:00 P.M. AST.

(4) The automatic stay shall remain in effect for any and all other purposes until further 

order of this Court.

Docket entries nos. 528, 541 and 544 are hereby rescheduled for the April 25, 2018 

Omnibus Hearing.

SO ORDERED.

Dated: , 2018

LAURATAYLOR SWAIN

United States District Judge

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