IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF PUERTO RICO 

In re: 

THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD 

FOR PUERTO RICO, 

as representative of 

PUERTO RICO ELECTRIC POWER AUTHORITY 

Debtor.1

PROMESA 

Title III 

No. 17 BK 4780‐LTS  

(Jointly Administered) 

PUERTO RICO ENERGY COMMISSION, 

Plaintiff, 

  v. 

THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD 

FOR PUERTO RICO; PUERTO RICO ELECTRIC POWER 

AUTHORITY, 

Defendants. 

Adv. Proc. No. 18‐00021 

ORDER RESOLVING U.S. BANK NATIONAL ASSOCIATION  

AS TRUSTEE MOTION TO INTERVENE 

This matter is before the Court on the Unopposed Urgent Motion of U.S. Bank National 

Association as Trustee to Intervene Under Federal Rule of Bankruptcy Procedure 7024 (Dkt. No. 

42 in 18‐AP‐00021; Dkt. No. 2732 in 17‐BK‐3283; Dkt. No. 772 in 17‐BK‐4780) (the “Motion to 

Intervene”).  Taking notice of the agreement among the parties, this Court hereby ALLOWS the 

 

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 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); and (v) Puerto Rico Electric Power Authority (“PREPA”) (Bankruptcy Case No. 17 BK 04780-LTS) 

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

software limitations) (collectively, the “Title III Cases”). 

Case:17-03283-LTS Doc#:2774 Filed:03/21/18 Entered:03/21/18 10:15:56 Desc: Main

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Motion.  The U.S. Bank National Association as Trustee (the “Trustee”) shall be permitted to 

intervene in the above‐captioned adversary proceeding in accordance with the following 

limitations: 

1. The Trustee shall have the right to file briefs stating its positions, restricted to 

those issues already raised by the parties in connection with the preliminary 

injunction proceedings.  The Trustee may be heard at the preliminary injunction 

hearing concerning issues raised by the existing parties, subject to any 

restrictions by the hearing court. 

2. The Trustee is not entitled to present evidence either as attachments to its brief 

or at the hearing on the preliminary injunction motion. 

3. Counsel for PREC shall use reasonable and good faith efforts to confer with 

counsel to the Trustee in advance of the preliminary injunction hearing to 

discuss any concerns of the Trustee. 

This resolves Dkt. No. 42 in 18‐AP‐00021, Dkt. No. 2732 in 17‐BK‐3283, and Dkt. No. 772 

in 17‐BK‐4780. 

SO ORDERED. 

       / s / Judith Gail Dein      

              Judith Gail Dein 

              United States Magistrate Judge 

DATED: March 20, 2018 

Case:17-03283-LTS Doc#:2774 Filed:03/21/18 Entered:03/21/18 10:15:56 Desc: Main

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