WAPA Gets Reprieve — for Now — in Case Over FirstBank Funds

A judge has given the V.I. Water and Power Authority a reprieve of sorts, staying — for now — the execution of a writ that would have seen some $6.8 million disbursed from the utility’s FirstBank account on Monday to a creditor in a long-running lawsuit.

WAPA filed an emergency motion on Wednesday in Puerto Rico District Court, seeking to stay the order because it said it plans to appeal the decision. The utility has argued that the writ should be dissolved, claiming that its accounts are located outside of Florida, operate solely in the U.S. Virgin Islands, and are protected under the territory’s sovereign immunity laws.

Power Rental Op Co., LLC sued WAPA in February 2020 in Florida District Court over $14.2 million it alleges was owed under a rental agreement for power generation equipment and water treatment systems. It prevailed and WAPA was ordered to pay $6.5 million and another $349,279 for attorney fees and costs. The company subsequently removed the case to Puerto Rico, where it registered its judgment from Florida in February and in March was granted writs of execution to collect on its debts.