TCO 363142403v1

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 Nos. 3019, 3023, 3439

(Jointly Administered) 

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

THE COMMONWEALTH OF PUERTO RICO, 

Debtor.

PROMESA 

Title III 

No. 17 BK 3283-LTS 

This Joinder relates to the 

Commonwealth, HTA, and PREPA, and 

shall be filed in Case Nos. 17 BK 3283-

LTS, 17 BK 3567-LTS, and 17 BK 4780-

LTS.

In re: 

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO, 

as representative of

PUERTO RICO HIGHWAYS AND 

TRANSPORTATION AUTHORITY (“HTA”), 

PROMESA 

Title III 

No. 17 BK 3567-LTS 

 

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); 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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Debtor.

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 

JOINDER OF THE PUERTO RICO FISCAL AGENCY AND FINANCIAL ADVISORY 

AUTHORITY ON BEHALF OF THE PUERTO RICO ELECTRIC POWER 

AUTHORITY TO OBJECTION OF THE COMMONWEALTH TO MOTION FOR 

PARTIAL LIFT OF STAY FILED BY AUTONOMOUS MUNICIPALITY OF PONCE

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

The Puerto Rico Fiscal Agency and Financial Authority (“AAFAF”), as the entity 

authorized to act on behalf of the Puerto Rico Power Authority (“PREPA”) pursuant to the 

authority granted to it under the Enabling Act of the Fiscal Agency and Financial Advisory 

Authority, Act 2-2017, respectfully submits this joinder to the Objection of the Commonwealth to 

Motion for Partial Lift of Stay Filed by Autonomous Municipality of Ponce (the “Objection”) and 

states as follows: 2

1. AAFAF hereby joins the Commonwealth of Puerto Rico (the “Commonwealth”) in 

opposing the Motion for Partial Lift of Stay (Case No. 17-03283, ECF No. 3019) (the “Motion”) 

 

2 The Financial Oversight and Management Board for Puerto Rico, as the Debtors’ representative pursuant to 

section 315(b) of the Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”), has 

authorized AAFAF to file this Joinder on behalf of PREPA. 

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filed by the Autonomous Municipality of Ponce (“Movant”), and adopts the factual and legal 

arguments set forth in the Objection.

2. For the reasons set forth in the Objection, AAFAF respectfully requests the Court 

deny the Motion. Specifically, AAFAF states on behalf of PREPA that the modification of the 

automatic stay requested by the Motion would result in both the diversion of essential PREPA 

resources at a crucial time in PREPA’s recovery and development process as well as considerable 

expense to PREPA. PREPA estimates that, should the stay be modified as requested, it would be 

required to spend approximately $16 million in order to complete the construction projects in 

compliance with the Prepetition Judgment (as defined in the Objection) at a time when PREPA’s 

resources are both extremely limited and fully committed to the restoration and repair of its electric 

system. Moreover, undertaking the construction projects would divert the attention of PREPA 

personnel away from PREPA’s efforts to restore and repair its electric system. Such efforts are 

especially critical as PREPA prepares for the uncertainty of another hurricane season that began 

on June 1.3

Dated: July 5, 2018 Respectfully submitted,

San Juan, Puerto Rico

THE PUERTO RICO FISCAL AGENCY

AND FINANCIAL ADVISORY

AUTHORITY, as Fiscal Agent for PREPA

By its attorneys,

/s/ Joseph P. Davis

Joseph P. Davis III (admitted pro hac vice)

Greenberg Traurig, LLP

One International Place, Suite 2000

Boston, MA 02110

Phone: 617.310.6000

 

3 Press Release, Nat’l Oceanic & Atmospheric Admin., Forecasters Predict a Near- or Above- Normal 2018 Atlantic 

Hurricane Season (May 24, 2018) (noting the Atlantic hurricane season extends from June 1 to November 30), 

available at http://www.noaa.gov/media-release/forecasters-predict-near-or-above-normal-2018-atlantichurricane-season.

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Fax: 617.310.6001

Email: davisjo@gtlaw.com

David D. Cleary (admitted pro hac vice)

Kevin D. Finger (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: clearyd@gtlaw.com

 fingerk@gtlaw.com

PUERTO RICO ELECTRIC POWER

AUTHORITY

By its attorneys,

/s/ Arturo Díaz Angueria

USDC No. 117907

/s/ Katiuska Bolaños Lugo

USDC No. 231812

CANCIO, NADAL, RIVERA & DÍAZ, P.S.C.

PO Box 364966

San Juan, PR 00936-4966

Phone: 787.767.9625

Fax: 787.764.4430

Email: adiaz@cnrd.com

kbolanos@cnrd.com

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