EXHIBIT B 

Case:17-03283-LTS Doc#:23554-2 Filed:02/16/23 Entered:02/16/23 18:55:47 Desc:

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February 8, 2023

VIA E-MAIL

Matthew M. Madden, Esq. 

Kramer Levin Naftalis & Frankel LLP

2000 K Street NW, 4th Floor

Washington, DC 20006

Re: Discovery Requests Related to PREPA’s Title III Plan of Adjustment

Counsel:

We write jointly on behalf of our clients, the Financial Oversight and Management Board 

for Puerto Rico (the “Oversight Board”), the Title III representative of the Puerto Rico Electric 

Power Authority (“PREPA”), and the Puerto Rico Fiscal Agency and Financial Authority

(“AAFAF”) in its own capacity and as fiscal agent for PREPA under Act 2-2017 (together with 

the Oversight Board and PREPA, the “Government Parties”), in response to: (i) your January 23, 

2023 letter (the “January 23 Letter”) proposing to schedule twelve “initial” depositions for March 

2023; (ii) the accompanying request for production of documents titled Joint Request of the Ad 

Hoc Group of PREPA Bondholders, Assured Guaranty Corp., Assured Guaranty Municipal Corp., 

Syncora Guarantee, Inc., and U.S. Bank National Association for the Production of Documents to 

the Financial Oversight and Management Board for Puerto Rico, the Puerto Rico Electric Power 

Authority, and the Puerto Rico Fiscal Agency and Financial Authority Related to PREPA’s Title 

III Plan of Adjustment (the “Document Requests”); and (iii) your February 6, 2023 letter (with the 

January 23 Letter, the “Letters”). 

Your Letters and the Document Requests are focused on confirmation-related discovery, 

and therefore are premature. In order to promote an orderly confirmation process, conserve 

resources, and streamline the issues necessary for the Court’s adjudication, the Oversight Board 

submitted the Motion of Puerto Rico Electric Power Authority for Order Establishing, Among 

Other Things, Procedures and Deadlines Concerning Objections to Confirmation and Discovery 

in Connection Therewith (the “Motion”) [Case No. 17-4780-LTS, ECF No. 3114]. 

The Motion includes proposed confirmation-related deadlines, including, among others: 

i. The Debtor to file a preliminary fact witness list, identifying fact witnesses and 

topics about which each witness will testify, by ten days after the Court rules upon 

the Motion; 

ii. Parties in interest to file a Notice of Intent to Participate in Discovery (the 

“Discovery Notice”) by March 29, 2023; 

iii. All parties who have filed a timely Discovery Notice to serve requests for document 

productions (“Production Requests”) by April 3, 2023, and parties to serve any 

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Matthew M. Madden, Esq.

February 8, 2023

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responses and objections to Production Requests within seven days of service of 

such Production Requests; 

iv. Parties in interest to file a preliminary fact witness list, identifying fact witnesses

and topics about which each witness is expected to testify, by April 3, 2023; 

v. All parties to serve up to fifteen interrogatories by April 3, 2023, and parties to 

serve any responses and objections to such interrogatories within ten days of 

service; 

vi. All parties to serve initial notices of deposition, topics and requested times for 

depositions by April 14, 2023 (and subsequent notices allowed to the extent 

discovery is completed by the fact discovery deadline or expert discovery deadline, 

as applicable); 

vii. An option for parties who had served Production Requests by April 3 to serve one 

additional round of Production Requests by April 14, 2023, and parties to serve any 

responses and objections to supplemental Production Requests within seven days 

of service of such supplemental Production Requests; 

viii. All parties to serve requests for admission, limited to authentication of documents,

by April 21, 2023, and parties to serve any responses or objections to requests for 

admissions within four business days of service of such requests;

ix. Completion of fact discovery by April 21, 2023; and

x. Completion of expert discovery by April 28, 2023. 

A global confirmation-related discovery procedure for all parties will enable PREPA’s 

Title III case to proceed expeditiously and efficiently, enable PREPA to provide relevant 

information in an orderly, expeditious, and efficient fashion, coordinate the scheduling of 

depositions with all parties seeking to examine the witnesses, reduce duplicative or unnecessary 

requests, and minimize wasteful discovery-based motion practice on an individual basis. 

We understand that you have responded to the Motion, referring to the requests made in 

the January 23 Letter and the Document Requests and arguing the confirmation schedule proposed 

in the Motion to be unrealistic unless the Oversight Board were to “begin producing documents 

and substantially complete such production by mid-February; and schedule depositions for March” 

[Case No. 17-4780-LTS, ECF No. 3189, ¶ 96]. In light of the pendency of the Motion and related 

briefing, the Government Parties will respond upon a ruling on the Motion and in accordance with 

the confirmation and related discovery procedures that the Court determines to be sufficient and 

proper. 

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Matthew M. Madden, Esq.

February 8, 2023

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Sincerely,

PROSKAUER ROSE LLP

/s/ Margaret Dale

Margaret Dale 

Eleven Times Square 

New York, NY 10036 

Tel: (212) 969-3000 

Fax: (212) 969-2900 

Attorney for the Oversight Board as 

Title III representative for PREPA

O’MELVENY & MYERS LLP 

/s/ Peter Friedman

Peter Friedman 

1625 Eye Street, NW

Washington, DC 20006

Tel: (202) 383-5300

Fax: (202) 383-5414

Attorney for AAFAF and PREPA 

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