Gov’t proposes calendar to address LUMA’s requests to move lawsuits to federal court

La Fortaleza Chief of Staff Francisco Domenech, at lectern, said that even with the proposed schedule, the Puerto Rico government intends to act more swiftly.

By THE STAR STAFF

La Fortaleza Chief of Staff Francisco Domenech clarified on Thursday that the calendar for addressing LUMA Energy’s requests to transfer the lawsuits filed by the island government to annul the supplementary contract to federal court is a proposal presented by the Puerto Rico government itself and not an order issued by U.S. District Judge Laura Taylor Swain.

“The calendar I mentioned regarding how to address LUMA’s requests for removal to federal court is the calendar that the government of Puerto Rico has proposed to the judge,” Domenech said at a press conference from La Fortaleza. “It is not that the judge has ordered it at this time.”

Swain is overseeing the Puerto Rico Electric Power Authority’s (PREPA) bankruptcy under Title III of the Puerto Rico Oversight, Management and Economic Stability Act, commonly known as PROMESA.

Domenech noted that under the proposed plan, the parties would submit a joint report on Dec. 22; the motions to return the lawsuits to state court would be addressed on Jan. 7; LUMA would have until Jan. 21 to respond; and the government until Feb. 4 to reply to that response.

“Any oral hearing on the matter that may be necessary would be held at the omnibus hearing that the judge has already scheduled for Feb. 8, as part of the Title III calendar,” the official stated.

Domenech added that even with the aforementioned schedule, the government intends to act more quickly.

“Even with an aggressive calendar of a month and a half, the government intends to be even more aggressive in moving the case forward,” he said.

Domenech said the Energy Czar and the Justice Department, headed by Secretary Lourdes Gómez Torres, will continue to advance the legal work while addressing both the court orders and the motions filed by LUMA Energy, the embattled private operator of PREPA’s energy transmission and distribution system.

“We hope that the judge can accept or do something aligned with the proposed dates,” he said.

Domenech reiterated that the government’s position is that the lawsuits should be handled in Puerto Rico under the doctrine of parens patriae, given that they involve essential services.

“We believe the Puerto Rico Supreme Court is the proper venue,” he said.

Meanwhile, as previously reported by the STAR, Gov. Jenniffer González Colón signaled earlier this week that a third lawsuit could be forthcoming after LUMA moved to transfer the latest legal challenge -- aimed at blocking the extension of its contract -- to federal court.

“We knew they would file a motion to take the case to federal court to avoid addressing it locally,” the governor told reporters on Wednesday. “The big difference now is that, since this involves the government of Puerto Rico and myself, there’s no citizenship issue.”

“This will be resolved in court, but we were prepared,” she added. “The justice secretary, through the solicitor general, will file another motion to address this. The government has studied this thoroughly, and our attorneys -- both at the state and federal level -- are ready.”