Puerto Rico Utility Ignored Greenberg Traurig Advice on Repair Deal
More than 2,000 pages of documents have been turned over to a U.S. House committee investigating a contract by Puerto Rico's bankrupt electric utility, Greenberg Traurig's client, with Whitefish Energy Holdings.
November 15, 2017 at 01:54 PM
17 minute read
Puerto Rico's bankrupt electric utility ignored advice from its own lawyers at Greenberg Traurig before signing an expanded contract worth $300 million with a tiny Montana company to repair its damaged power grid, newly released documents show.
The law firm recommended that the state-run power authority be allowed to terminate the deal within 10 days for any breach by the company, Whitefish Energy Holdings.
The legal team led by New York co-managing shareholder Nancy A. Mitchell also recommended that the utility be allowed to seek damages from Whitefish and that the company be required to hold a bond for such a large contract, the documents show.
Those recommendations and others were ignored as the power authority expanded a no-bid deal with Whitefish, which is based in Interior Secretary Ryan Zinke's hometown and had just two employees when Hurricane Maria hit in September.
The Puerto Rico Electric Power Authority, also known as PREPA, signed an expanded contract with Whitefish on Oct. 17 without making changes recommended by the law firm. The contract built on an earlier agreement PREPA and Whitefish signed days after the hurricane hit on Sept. 20.
The authority moved to cancel the contract Oct. 29 at the urging of Puerto Rico Gov. Ricardo Rossello, although Whitefish remains in Puerto Rico and is expected to continue work through Nov. 30. The company has been paid more than $10 million so far.
The Oct. 17 contract raised the total payments allowed to Whitefish to $300 million, including linemen hired at a rate of more than $300 per hour.
The documents were released by the House Natural Resources Committee ahead of a hearing Tuesday.
Redacted letters and email string involved five Greenberg Traurig attorneys including Mitchell, Phoenix shareholder David D. Cleary and, from Washington, shareholder Michael J. Schaengold, of counsel Ryan C. Bradel and associate Melissa Prusock.
A committee staff summary said the law firm delivered two batches of documents containing over 2,000 pages and “expects to receive additional document productions.”
U.S. Rep. Rob Bishop, R-Utah, the panel's chairman, said “a legacy of dysfunction” at PREPA has created “a competence deficit” that threatens Puerto Rico's ability to improve conditions for its 3.4 million citizens.
“Confidence in the utility's ability to manage contracts and time-sensitive, disaster-related infrastructure work is long gone,” Bishop said.
The utility's executive director acknowledged mistakes Tuesday as the utility sought immediate help in the aftermath of the storm, which destroyed the island's power grid. More than 50 percent of the island remains without power nearly two months later.
“In retrospect, there are some steps in our contracting process with Whitefish that we could have done better,” Ricardo Ramos told the Senate Energy and Natural Resources Committee. “I chose to contract with Whitefish because my priority was securing the immediate assistance that we needed to begin restoring power as quickly as possible to our most critical customers.”
Whitefish was one of only two companies that offered immediate services, Ramos said. The other company required a guaranteed payment of $25 million — money the bankrupt utility did not have, he said.
Lawmakers from both parties criticized the power authority for failing to seek mutual assistance from other public power providers — assistance that was offered to Florida and Texas utilities following hurricanes Harvey and Irma.
“Let's be very clear about this. The reason why you have mutual aid contracts is to rebuild at cost,” said Sen. Maria Cantwell, D-Wash. “So the notion that someone comes in there to gouge the Puerto Rican government and the U.S. taxpayer, charging them an exorbitant rate and then writing a contract so that it can't be reviewed properly, was a great injustice to the U.S. taxpayer.”
Ramos said he believed PREPA was “unable to meet the requirements for mutual assistance” from other utilities that belong to the American Public Power Association, such as providing accommodations for workers and other logistics.
Whitefish said in a statement that allegations the company “gouged” taxpayers were unfair.
“There were no 'market prices' for this type of storm work on an island that had virtually no power and no external communications and whose access roads and transportation infrastructure were destroyed,” the company said, calling the scope of work needed in Puerto Rico “unprecedented.”
The company had to pay premium rates to attract workers at a time when basics such as housing, food and water “required enormous efforts,” the statement said.
Rossello has asked the federal government for $94.4 billion as the island struggles to recover from the damage inflicted by Hurricane Maria, with much of the U.S. territory without power and thousands still homeless. So far, Congress has approved nearly $5 billion in aid for Puerto Rico.
Puerto Rico's bankrupt electric utility ignored advice from its own lawyers at
The law firm recommended that the state-run power authority be allowed to terminate the deal within 10 days for any breach by the company, Whitefish Energy Holdings.
The legal team led by
Those recommendations and others were ignored as the power authority expanded a no-bid deal with Whitefish, which is based in Interior Secretary Ryan Zinke's hometown and had just two employees when Hurricane Maria hit in September.
The Puerto Rico Electric Power Authority, also known as PREPA, signed an expanded contract with Whitefish on Oct. 17 without making changes recommended by the law firm. The contract built on an earlier agreement PREPA and Whitefish signed days after the hurricane hit on Sept. 20.
The authority moved to cancel the contract Oct. 29 at the urging of Puerto Rico Gov. Ricardo Rossello, although Whitefish remains in Puerto Rico and is expected to continue work through Nov. 30. The company has been paid more than $10 million so far.
The Oct. 17 contract raised the total payments allowed to Whitefish to $300 million, including linemen hired at a rate of more than $300 per hour.
The documents were released by the House Natural Resources Committee ahead of a hearing Tuesday.
Redacted letters and email string involved five
A committee staff summary said the law firm delivered two batches of documents containing over 2,000 pages and “expects to receive additional document productions.”
U.S. Rep. Rob Bishop, R-Utah, the panel's chairman, said “a legacy of dysfunction” at PREPA has created “a competence deficit” that threatens Puerto Rico's ability to improve conditions for its 3.4 million citizens.
“Confidence in the utility's ability to manage contracts and time-sensitive, disaster-related infrastructure work is long gone,” Bishop said.
The utility's executive director acknowledged mistakes Tuesday as the utility sought immediate help in the aftermath of the storm, which destroyed the island's power grid. More than 50 percent of the island remains without power nearly two months later.
“In retrospect, there are some steps in our contracting process with Whitefish that we could have done better,” Ricardo Ramos told the Senate Energy and Natural Resources Committee. “I chose to contract with Whitefish because my priority was securing the immediate assistance that we needed to begin restoring power as quickly as possible to our most critical customers.”
Whitefish was one of only two companies that offered immediate services, Ramos said. The other company required a guaranteed payment of $25 million — money the bankrupt utility did not have, he said.
Lawmakers from both parties criticized the power authority for failing to seek mutual assistance from other public power providers — assistance that was offered to Florida and Texas utilities following hurricanes Harvey and Irma.
“Let's be very clear about this. The reason why you have mutual aid contracts is to rebuild at cost,” said Sen. Maria Cantwell, D-Wash. “So the notion that someone comes in there to gouge the Puerto Rican government and the U.S. taxpayer, charging them an exorbitant rate and then writing a contract so that it can't be reviewed properly, was a great injustice to the U.S. taxpayer.”
Ramos said he believed PREPA was “unable to meet the requirements for mutual assistance” from other utilities that belong to the American Public Power Association, such as providing accommodations for workers and other logistics.
Whitefish said in a statement that allegations the company “gouged” taxpayers were unfair.
“There were no 'market prices' for this type of storm work on an island that had virtually no power and no external communications and whose access roads and transportation infrastructure were destroyed,” the company said, calling the scope of work needed in Puerto Rico “unprecedented.”
The company had to pay premium rates to attract workers at a time when basics such as housing, food and water “required enormous efforts,” the statement said.
Rossello has asked the federal government for $94.4 billion as the island struggles to recover from the damage inflicted by Hurricane Maria, with much of the U.S. territory without power and thousands still homeless. So far, Congress has approved nearly $5 billion in aid for Puerto Rico.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWinston & Strawn Snags Sidley Austin Cross-Border Transactions Partner in Miami
2 minute readMiami’s Arbitration Week Aims To Cement City’s Status as Dispute Destination
3 minute readBrazil Is Quickly Becoming a Vital LatAm Market for Greenberg Traurig, Other US Law Firms
5 minute readTrending Stories
- 1SEC Sued for Failing to Reveal Records Involving Simpson Thacher Attorney
- 2Lawsuit accuses University of California of racial discrimination in admissions
- 3Data Breaches in UK Legal Sector Surge, According to ICO Data
- 4PayPal Faces New Round of Claims; This Time Alleging Its 'Honey' Browser Extension Cheated Consumers
- 5Fired NLRB Member Seeks Reinstatement, Challenges President's Removal Power
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250