AEE pede desconsiderar ou enviar à corte de falências o litígio de Power Expectations

On September 15, 2026, El Nuevo Día (Manuel Guillama Capella) reported that the Electric Power Authority asked federal judge Raúl Arias-Marxuach to dismiss the lawsuit filed by Power Expectations —which seeks to reinstate the controversial temporary generation contract— or, alternatively, to refer the case to the docket of judge Laura Taylor Swain, who presides over the Title III proceedings under PROMESA. This note in the batch is assigned to September 16, the date on which, according to the public record and sister coverage, the AEE's response to the preliminary injunction motion was due, and on which the AEE's own request to suspend deadlines remained pending. Calendar assignment ≠ hearing held on the 16th. Motion to dismiss ≠ dismissal granted.

The AEE's document, according to El Nuevo Día, emphasizes that the terminated contract established a link between the obligations incurred by PREPA under the arrangement and the ongoing bankruptcy proceedings. Power Expectations LLC v. PREPA, 3:26-cv-01571, was filed on September 2, 2026, before the District Court of Puerto Rico (fee $405), with a motion for preliminary injunction on the same day and assignment to Judge Arias-Marxuach on the 3rd. The public docket (verify, no lot URL) sets responses due by 9/16/2026 for the injunction. Response deadline ≠ injunction already resolved.

Coverage from San Juan Daily Star and Caribbean Business, used as verification, reflect PREPA's thesis: if the plaintiff herself says that the case is “related to” Title III, it should have been filed as an adversary proceeding before Swain, under PROMESA coverage and the Federal Rules of Bankruptcy Procedure. “This case is therefore wholly procedurally improper and should be dismissed without prejudice,” wrote PREPA, at least requesting transfer under Local Rule 3A. Alleged procedural defect ≠ judge's decision. Related-to jurisdiction claimed by the plaintiff ≠ forum already set.

The purpose of the canceled contract is a 400 MW emergency generation PPOA, the same gap that the Bureau monitors in NEPR-MI-2024-0005 (826) and that LUMA models as part of the 700–850 MW deficit (825). 400 MW canceled ≠ 400 MW in litigation already reinstated. Prior Board approval for a contract ≠ obligation to reinstate it after cancellation. The AEE also requested, according to the Star, to suspend all deadlines—including the September 16 deadline to oppose the injunction—until the forum is resolved. Emergency motion ≠ automatic stay.

At the close of the consulted primaries, Arias-Marxuach had not decided whether the case remains in his courtroom, goes to Swain, or is dismissed. This note from September 16 does not pretend to be a minute order. Verified complaint ≠ right to reinstate. Title III since 2017 and more than $9 billion of PREPA debt, a figure that Caribbean Business attributes to the context, is mentioned here only as a framework for verification, not as a new finding by ENDI.

Cousin: 825 (deficit 700–850 MW and temporary contract canceled). Hub: PREPA. Topic: economy. Primary: El Nuevo Día, September 15, 2026, single URL. Batch reading: September 16, day of the reported procedural deadline.

Closure: 3:26-cv-01571; 400 MW; Arias-Marxuach vs. Swain; dismiss or transfer; injunction on the docket of the 16th; no ruling in the primary.

This note from Borinquen adheres to the cited primary source: it does not invent figures, does not turn an argument into a ruling, does not treat a budgetary obligation as a disbursement nor an accusation as a conviction. Obligated ≠ disbursed ≠ theft. Interdict ≠ final judgment. Audit with findings ≠ criminal conviction. Request for funds ≠ Board authorization. Signed contract ≠ measured hydrological or electrical outcome. Figures of clients without service are snapshots from a portal or a report, not a census of duration. Where the primary source remains silent on a number, this text also remains silent.