mew Doc 4050 Filed 10/12/18 Entered 10/12/18 17:43:08 Main Document Pg 1 of 21

Transcription

1 Pg 1 of 21 Proposed Hearing Date and Time: November 13, 2018 at 11:00 a.m. (ET) Proposed Objection Deadline: November 6, 2018 at 4:00 p.m. (ET) THE ATTACHED OBJECTION AND ESTIMATION MOTION SEEKS TO ESTIMATE AND, IN CERTAIN CASES, DISALLOW FILED PROOFS OF CLAIM. PLEASE CAREFULLY REVIEW THE ATTACHED MOTION AND THE ATTACHMENTS HERETO TO DETERMINE WHETHER THE MOTION AFFECTS ANY CLAIM(S) YOU MAY HAVE FILED. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE UNDERSIGNED. Martin J. Bienenstock Timothy Q. Karcher Vincent Indelicato PROSKAUER ROSE LLP Eleven Times Square New York, NY Tel: (212) Fax: (212) Counsel to the Statutory Unsecured Claimholders Committee of Westinghouse Electric, et al Alan W. Kornberg Kyle Kimpler Lauren Shumejda PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY Tel: (212) Fax: (212) Counsel to W Wind Down Co LLC UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re, et al., Debtors. 1 Chapter 11 Case No (MEW) (Jointly Administered) NOTICE OF HEARING TO CONSIDER SECOND MOTION OF WIND DOWN CO AND STATUTORY UNSECURED CLAIMHOLDERS 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are: (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services LLC (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster International Inc. (1586), Stone & Webster Services LLC (5448), Toshiba Nuclear Energy Holdings (UK) Limited (2348), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, LLC (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, LLC (3135), WEC Specialty LLC (N/A), WEC Welding and Machining, LLC (8771), WECTEC Contractors Inc. (4168), WECTEC Global Project Services Inc. (8572), WECTEC LLC (6222), WECTEC Staffing Services LLC (4135), Westinghouse Energy Systems LLC (0328), Westinghouse Industry Products International (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing (5961). By order dated September 25, 2018, [ECF No. 3956] the administration of the Debtors cases was consolidated at the case of Company LLC, and the affiliated cases of certain Debtors were closed.

2 Pg 2 of 21 COMMITTEE (I) OBJECTING TO AND (II) SEEKING ESTIMATION OF UNLIQUIDATED CLAIMS FOR ALL PURPOSES UNDER CHAPTER 11 PLAN PLEASE TAKE NOTICE that a hearing to consider the annexed Second Motion of Wind Down Co And Statutory Unsecured Claimholders Committee (I) Objecting to and (II) Seeking Estimation of Unliquidated Claims for All Purposes Under Chapter 11 Plan, dated October [ ], 2018 (the Motion ), which has been filed by W Wind Down Co LLC ( Wind Down Co ) and the Statutory Unsecured Claimholders Committee (the UCC ) of, et al. (the Debtors ), will be held before the Honorable Michael E. Wiles, United States Bankruptcy Judge, in Room 617 of the United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York (the Bankruptcy Court ), on November 13, 2018 at 11:00 a.m. (Eastern Time), or as soon thereafter as counsel may be heard (the Hearing ). PLEASE TAKE FURTHER NOTICE that any responses or objections (the Objections ) to the Motion must be in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules for the Southern District of New York (the Local Rules ), and shall be filed with the Bankruptcy Court (a) by attorneys practicing in the Bankruptcy Court, including attorneys admitted pro hac vice, electronically in accordance with General Order M-399 (which can be found at and (b) by all other parties in interest, on a CD-ROM, in text-searchable portable document format (PDF) (with a hard copy delivered directly to Chambers), in accordance with the customary practices of the Bankruptcy Court and General Order M-399, to the extent applicable, and served in accordance with General Order M-399 and the Order Pursuant to 11 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c), 2002(m), and 9007 Implementing Certain Notice and Case Management Procedures [ECF No. 101] so as to be received no later than November 6, 2018 at 4:00 p.m. (Eastern 2

3 Pg 3 of 21 Time) (the Objection Deadline ). PLEASE TAKE FURTHER NOTICE that if no Objections are timely filed and served with respect to the Motion, Wind Down Co and the UCC may, on or after the Objection Deadline, submit to the Bankruptcy Court an order substantially in the form of the proposed Exhibit A, which order may be entered with no further notice or opportunity to be heard. Dated: October 12, 2018 New York, New York Respectfully submitted, /s/ Timothy Q. Karcher Martin J. Bienenstock Timothy Q. Karcher Vincent Indelicato PROSKAUER ROSE LLP Eleven Times Square New York, NY Tel: (212) Fax: (212) Counsel to the Statutory Unsecured Claimholders Committee of, et al. and /s/ Kyle Kimpler Alan W. Kornberg Kyle Kimpler Lauren Shumejda PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY Tel: (212) Fax: (212) Counsel to W Wind Down Co LLC 3

4 Pg 4 of 21 THIS OBJECTION AND ESTIMATION MOTION SEEKS TO ESTIMATE AND, IN CERTAIN CASES, DISALLOW FILED PROOFS OF CLAIM. PLEASE CAREFULLY REVIEW THE MOTION AND THE ATTACHMENTS HERETO TO DETERMINE WHETHER THE MOTION AFFECTS ANY CLAIM(S) YOU MAY HAVE FILED. IF YOU HAVE QUESTIONS, PLEASE CONTACT THE UNDERSIGNED. Martin J. Bienenstock Timothy Q. Karcher Vincent Indelicato PROSKAUER ROSE LLP Eleven Times Square New York, NY Tel: (212) Fax: (212) Counsel to the Statutory Unsecured Claimholders Committee of Westinghouse Electric, et al Alan W. Kornberg Kyle Kimpler Lauren Shumejda PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY Tel: (212) Fax: (212) Counsel to W Wind Down Co LLC UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re, et al., Debtors. Chapter 11 Case No (MEW) (Jointly Administered) SECOND MOTION OF WIND DOWN CO AND STATUTORY UNSECURED CLAIMHOLDERS COMMITTEE (I) OBJECTING TO AND (II) SEEKING ESTIMATION OF UNLIQUIDATED CLAIMS FOR ALL PURPOSES UNDER CHAPTER 11 PLAN To the Honorable Michael E. Wiles, United States Bankruptcy Judge: W Wind Down Co LLC ( Wind Down Co ), the company established on the Effective Date 1 that is responsible for administering the obligations of Company 1 Capitalized terms not otherwise defined herein shall have the meaning, or meanings, ascribed thereto in the Second Amended Joint Chapter 11 Plan of Reorganization [ECF No. 2954] (the Plan ).

5 Pg 5 of 21 LLC and certain of its affiliates (collectively, the Debtors ) 2 pursuant to the Debtors confirmed Plan, as authorized and directed by the Plan Oversight Board, and the statutory unsecured claimholders committee (the UCC ) hereby file this motion (this Motion ) for the entry of an order (the Proposed Order ), substantially in the form attached hereto as Exhibit A, pursuant to sections 105(a), 502(c), and 1142(b) of title 11 of the United States Code (the Bankruptcy Code ), Rules 3007 and 3021 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ), and the confirmed Plan, (i) objecting to and (ii) seeking estimation of the unliquidated Claims listed on Schedule 1 and Schedule 2 of the attached Proposed Order (the Proposed Order ). 3 In further support of this Motion, Wind Down Co and the UCC respectfully represent as follows: Preliminary Statement 1. Under the Plan, Wind Down Co or, solely with respect to Class 3A General Unsecured Claims, the UCC, is responsible for administering and making Distributions to 2 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are: (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services LLC (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster International Inc. (1586), Stone & Webster Services LLC (5448), Toshiba Nuclear Energy Holdings (UK) Limited (2348), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, LLC (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, LLC (3135), WEC Specialty LLC (N/A), WEC Welding and Machining, LLC (8771), WECTEC Contractors Inc. (4168), WECTEC Global Project Services Inc. (8572), WECTEC LLC (6222), WECTEC Staffing Services LLC (4135), Westinghouse Energy Systems LLC (0328), Westinghouse Industry Products International (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing (5961). By order dated September 25, 2018, [ECF No. 3956] the administration of the Debtors cases was consolidated at the case of Company LLC, and the affiliated cases of certain Debtors were closed. 3 The UCC files this motion in furtherance of establishing a disputed claims reserve (the Disputed Claims Reserve ), and effectuating an Initial Distribution to holders of Allowed Class 3A General Unsecured Claims pursuant to the Plan. Claims that have been estimated for distribution purposes may be subject to further or additional objections. 2

6 Pg 6 of 21 holders of Allowed Claims. The Initial Distribution to holders of Allowed Class 3A General Unsecured Claims is currently scheduled to occur on or before November 15, However, as of the date hereof, numerous partially or fully unliquidated Claims remain unresolved. Because they constitute Disputed Claims under the Plan, appropriate reserves must be established for such claims in accordance with section 8.7 of the Plan before the UCC can direct the Initial Distribution to holders of Allowed Class 3A General Unsecured Claims. 2. To facilitate the establishment of the requisite reserves, Wind Down Co and the UCC file the instant Motion and seek entry of an order (i) fixing the maximum Allowed Amount (the Maximum Limitation ) of the partially liquidated Claims set forth on Schedule 1 to the Proposed Order in the liquidated amount of such Claims, (ii) disallowing the unliquidated portion of the partially liquidated Claims set forth on Schedule 1 to the Proposed Order, and (iii) disallowing certain unliquidated Claims in their entirety as set forth on Schedule 2 to the Proposed Order. Wind Down Co and the UCC further seek confirmation that the liquidated amount set forth on each of Schedule 1 and Scheduled 2 to the Proposed Order shall constitute the maximum limitation on the amount of such Claim[s] as set forth in section 8.3 of the Plan, so that in no event shall a creditor s recovery on account of such Claim, if and when Allowed, be greater that the amount set forth therein (identified on Schedule 1 and Scheduled 2 to the Proposed Order as the Maximum Limitation). The Maximum Limitation for certain Claims, as indicated on the respective schedules, may be zero dollars ($0.0). 3. Further, in the event any holder of a Claim disagrees with the Maximum Limitation identified on Schedule 1 and Scheduled 2 to the Proposed Order, such holder may, 4 See Order Extending Initial Distribution Date, Solely with Respect to Class 3A General Unsecured Claims, to 3

7 Pg 7 of 21 prior to the objection deadline of this Motion, file a notice requesting a different liquidated amount be used as the Maximum Limitation for such Claim (with supporting documentation). The movants will either (i) amend Schedule 1 or Scheduled 2 to the Proposed Order to reflect the requested amount, or if no agreement is reached prior to the hearing on the Motion, (ii) proceed at the hearing with their request to estimate the Claim at the amount listed as the Maximum Limitation over the objection of the claimholder For the avoidance of doubt, no Claim shall be deemed Allowed by virtue of this Motion or the relief requested herein. Wind Down Co and the UCC reserve the right to object to the allowance of any and all such Claims. 6 Jurisdiction and Venue 5. The United States Bankruptcy Court for the Southern District of New York (the Court ) has jurisdiction over this matter pursuant to 28 U.S.C. 1334, section 13 of the Plan, and this Court s Findings of Fact, Conclusions of Law, and Order Confirming Modified Second Amended Joint Plan of Reorganization [ECF No. 2988] (the Confirmation Order ). 6. This matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). 7. Venue is proper pursuant to 28 U.S.C and The bases for the relief requested herein are sections 105(a), 502(c) and 1142(b) of the Bankruptcy Code, and Rule 3021 of the Bankruptcy Rules. November 15, 2018 [Dkt No 3951], entered on Sept. 24, The Maximum Limitation listed on Schedule 1 and Scheduled 2 to the Order entered by this Court shall govern. 6 Section 8.3 of the Plan specifically provides that objection, estimation and resolution procedures are intended to be cumulative and not exclusive of one another. Claims may be estimated and subsequently compromised, settled, withdrawn, or resolved by any mechanism approved by the Bankruptcy Court. 4

8 Pg 8 of 21 A. General Background Background 9. On March 29, 2017 (the Petition Date ), each of the Debtors filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. The Debtors received authorization to operate their businesses and manage their properties as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. On March 29, 2017, the Court entered an order [ECF No. 31] authorizing the joint administration and procedural consolidation of the chapter 11 cases pursuant to Bankruptcy Rule 1015(b). 10. On April 7, 2017, the United States Trustee ( U.S. Trustee ) for Region 2 appointed the seven-member UCC to represent the interests of the Debtors unsecured claimholders in these chapter 11 cases pursuant to section 1102 of the Bankruptcy Code and filed the Notice of Appointment of Official Committee of Unsecured Creditors [ECF No. 160]. Currently, the UCC consists of three members: (a) Fluor Enterprises Inc.; (b) SSM Industries, Inc.; (c) and Pension Benefit Guaranty Corporation. 11. The UCC, the Debtors, and the Debtors parent, Toshiba, as well as other parties in interest entered into a comprehensive Plan Support Agreement (the PSA ), which was subsequently embodied in the Plan, which was filed by the Debtors on January 29, On January 29, 2018, the Debtors filed a Disclosure Statement, which was subsequently amended on February 19, 2018, and further modified on February 22, 2018 [ECF No. 2623] (the Disclosure Statement ). As described more fully in the Disclosure Statement, the Plan provides for the establishment of a Segregated Fund in the amount of $1.150 billion to satisfy the allowed General Unsecured Claims in Class 3A. As disclosed in their Disclosure 5

9 Pg 9 of 21 Statement, the Debtors anticipate recoveries for holders of General Unsecured Claims in Class 3A will be between 98.9% and 100% On March 23, 2018 (the Confirmation Date ), this Court entered the Confirmation Order, which confirmed the Plan. The Plan Oversight Board was established on the Confirmation Date to, among other things, oversee and direct Wind Down Co and its implementation and administration of the Plan. 14. On August 1, 2018 (the Effective Date ), the effective date under the Plan occurred, the Plan was substantially consummated, and the Debtors emerged from Chapter 11. See Notice of Occurrence of Effective Date of Debtors Modified Second Amended Joint Chapter 11 Plan of Reorganization [ECF No. 3705] ( Effective Date Notice ). B. The Claims Resolution Process 15. Commencing on May 26, 2017, each of the Debtors filed their respective Statement of Financial Affairs and a Schedule of Assets and Liabilities (collectively, the Schedules ), which have been updated by the Debtors from time to time. 16. By Order dated June 27, 2017 [ECF No. 788] (the Bar Date Order ), the Court established September 1, 2017 (the General Bar Date ) as the general deadline by which proofs of claim must be received by Kurtzman Carson Consultants LLC ( KCC ), the debtors courtappointed notice and claims agent in the Debtors chapter 11 cases. Pursuant to the Notice of Deadline for Filing Proofs of Claim, dated June 28, 2017 (the Bar Date Notice ), the Debtors provided notice of the General Bar Date to each creditor and further provided that, subject to 7 Additional information regarding the Debtors businesses, capital structure, and the circumstances leading to the commencement of these chapter 11 cases is set forth in the Disclosure Statement. 6

10 Pg 10 of 21 certain limited exceptions, each creditor was required to file a proof of claim on or before the General Bar Date. 17. In accordance with the Bar Date Order, KCC mailed notices of the General Bar Date and proof of claim forms to, among others, all of the debtors creditors and other known holders of claims as of the Petition Date. This notice also identified September 25, 2017 as the claims bar date applicable to governmental units (the Government Bar Date and, together with the General Bar Date, the Bar Dates ). 18. On November 15, 2017, the Court entered the Order Pursuant To 11 U.S.C. 105(A) And Fed. R. Bankr. P And 9019(B) Authorizing The Debtors To (I) File Omnibus Claims Objections And (II) Establish Procedures For Settling Certain Claims (the Claims Procedures Order ) [ECF No. 1761], which set forth the procedures for filing omnibus claims objections. 19. Pursuant to the Claims Procedure Order, the Court authorized the filing of omnibus claims objections seeking disallowance of claims based on certain Permitted Grounds, which include the following: a. the amount claimed contradicts the Debtors books and records; b. the unsecured and secured Claims were incorrectly classified; c. the Claims seek recovery of amounts for which the Debtors are not liable; d. the Claims do not include sufficient documentation to ascertain the validity of the Claims; or e. the Claims are objectionable under section 502(e)(1) of the Bankruptcy Code. 7

11 Pg 11 of Prior to the Effective Date, the Debtors filed nine (9) omnibus objections to claims [ECF Nos. 1742, 1743, 1886, 1887, 2537, 2606, 2607, 3134, and 3469] and subsequent to the Effective Date, Wind Down Co filed fourteen (14) omnibus objections to claims [ECF Nos. 3776, 3780, 3781, 3782, 3783, 3784, 3794, 3802, 3803, 3807, 3808, 3809, 3810, and 3811] (collectively, the Omnibus Claims Objections ). C. The Extension Motion 21. In anticipation of making an Initial Distribution, the UCC consulted with Wind Down Co regarding information necessary to make a meaningful distribution. The UCC determined it would be appropriate to make an Initial Distribution to holders of Allowed Class 3A General Unsecured Claims simultaneous with the establishment of a Disputed Claims Reserve, as contemplated pursuant to the Plan. However, the UCC noted that there are a large number of Class 3A General Unsecured Claims that have been asserted in a partially unliquidated or wholly unliquidated amount (collectively, the Unliquidated Claims ), which the UCC would need to reserve for. As a result, on September 11, 2018, the UCC filed its Motion of Statutory Unsecured Claimholders Committee for Order Extending Initial Distribution Date, Solely With Respect to Class 3A General Unsecured Claims, to November 15, 2018 [ECF No. 3904] (the Extension Motion ). 22. In the Extension Motion, the UCC informed the Court that, while progress has been made towards resolution of Class 3A General Unsecured Claims, the UCC still had incomplete information regarding the Unliquidated Claims. The UCC further informed the Court that as presently contemplated, a motion to object to or estimate the remaining Unliquidated Claims for all purposes under the Plan, including distribution, will be filed in furtherance of establishing 8

12 Pg 12 of 21 Extension Motion at 19. an appropriate Disputed Claims Reserve and making an Initial Distribution to holders of Allowed Class 3A General Unsecured Claims. D. Unliquidated Disputed Claims 23. The Claims identified on Schedule 1 and Schedule 2 to the Proposed Order represent Unliquidated Claims have been asserted in a partially liquidated, or wholly unliquidated amount. The Unliquidated Claims have not been included in any prior Omnibus Claims Objections. 24. With respect to the Class 3A General Unsecured Claims that have been asserted in a partially unliquidated amount (as identified on Schedule 1 to the Proposed Order), Wind Down Co and the UCC object to such Claims to the extent they seek allowance and payment of the unliquidated portion of such Claim (without prejudice to any party s rights, including Wind Down Co, to also object to the liquidated portion of the Claim prior to the deadline to object to General Unsecured Claims). 25. The last column on Schedule 1 to the Proposed Order (labeled Ground(s) for Objection to Unliquidated Claim ) provides an explanation of the basis for the estimation of each Claim. The primary basis for this objection is that the unliquidated portion of the Claim does not comport with the Debtors books and records, as reflected in the Debtors Schedules, and/or there is insufficient documentation accompanying the Claim to justify Allowance of the unliquidated portion. Accordingly, Wind Down Co and the UCC respectfully requests that such Claims on Schedule 1 to the Proposed Order be: a. Disallowed to the extent they seek Allowance in an unliquidated amount; and 9

13 Pg 13 of 21 b. Estimated for the purpose of maintaining a Disputed Claims Reserve pursuant to section 8.7 of the Plan at the amount listed as the Maximum Limitation on Schedule 1 to the Proposed Order. 26. The Plan provides that, [i]n the event that the Bankruptcy Court estimates any contingent, unliquidated, or Disputed Claim, the amount so estimated shall constitute either the Allowed amount of such Claim or a maximum limitation on such Claim, as determined by the Bankruptcy Court. If the estimated amount constitutes a maximum limitation on the amount of such Claim, Wind Down Co may pursue supplementary proceedings to object to the allowance of such Claim. Plan at 8.3 (emphasis supplied). 27. For the avoidance of doubt, fixing the Maximum Limitation with respect to such Claims does not constitute Allowance of such Claims, and is without prejudice to any other party s right, including Wind Down Co, to file an additional or further objection to the Maximum Limitation, all as more fully set forth on Schedule 1 to the Proposed Order With respect to the Disputed Class 3A General Unsecured Claims that have been asserted in fully unliquidated amounts (as identified on Schedule 2 to the Proposed Order), Wind Down Co and the UCC object to such Claims in their entirety. 29. The last column on Schedule 2 to the Proposed Order (labeled Ground(s) for Objection to Unliquidated Claim ) provides an explanation of the basis for the estimation of each Claim. In general, the unliquidated Claims on Schedule 2 to the Proposed Order do not comport with the Debtors books and records, as reflected in the Debtors Schedules, and/or there is insufficient documentation accompanying the individual Claims to justify their allowance. 8 The Maximum Limitation amount does not render the claim undisputed. As provided in section 8.4 of Plan, no payment or Distribution provided under the Plan (including from the Segregated Funds) shall be made on account of a Disputed Claim unless and until such Disputed Claim becomes an Allowed Claim. 10

14 Pg 14 of 21 Accordingly, in the absence of further information regarding the Claims, Wind Down Co and the UCC respectfully requests that such Claims be Disallowed, and the Maximum Limitation for such claims, for all purposes, be established at zero dollars ($0.0). E. Dispute procedures 30. As noted above, the purpose of this Motion is to estimate Unliquidated Claims for all purposes under the Plan, including distribution, in furtherance of establishing an appropriate Disputed Claims Reserve and making an Initial Distribution to holders of Allowed Class 3A General Unsecured Claims. 31. In the event any holder of a Claim disagrees with the Maximum Limitation identified on Schedule 1 or Schedule 2 to the Proposed Order, such holder may, prior to the objection deadline of this Motion, file an objection to this Motion with the Court, requesting a different liquidated amount be used as the Maximum Limitation for such Claim. Any such objection must provide support justifying the additional amount. Wind Down Co and the UCC will either (i) amend Schedule 1 or Schedule 2 to the Proposed Order to reflect the requested amount and file a Notice with the Court prior to the Hearing to consider the Motion reflecting such agreement, or (ii) proceed at the hearing with their request to estimate the Claim at the amount listed as the Maximum Limitation over the objection of the claimholder. Relief Requested 32. By this Motion, Wind Down Co and the UCC seek entry of an order, pursuant to section 502 of the Bankruptcy Code and Bankruptcy Rule 3007, estimating each claim listed on 11

15 Pg 15 of 21 Schedule 1 and Schedule 2 to the attached Proposed Order in the amount under the column titled Maximum Limitation. 33. The Claims may be subject to further or additional objections by any party, including Wind Down Co, prior to the deadline for filing objections to General Unsecured Claims. The relief requested in this Motion will reduce the uncertainty occasioned by the Unliquidated Claims, enable the parties to establish a Disputed Claims Reserve as contemplated in the Plan, and facilitate the UCC s efforts to make an Initial Distribution to holders of Allowed Class 3A General Unsecured Claims. 34. Further, Wind Down Co and the UCC have established a simple procedure for any Claimholder affected by this Motion to request a different Maximum Limitation for their respective Claim. In the event any holder of a Claim disagrees with the Maximum Limitation identified on Schedule 1 or Schedule 2 to the Proposed Order, such holder may, prior to the objection deadline of this Motion, file an objection to this Motion with the Court, requesting a different liquidated amount be used as the Maximum Limitation for such Claim. Any such objection must provide support justifying the additional amount. Wind Down Co and the UCC will either (i) amend Schedule 1 or Schedule 2 to the Proposed Order to reflect the requested amount and file a Notice with the Court prior to the Hearing to consider the Motion reflecting such agreement, or (ii) proceed at the hearing with their request to estimate the Claim at the amount listed as the Maximum Limitation over the objection of the claimholder. Wind Down Co and the UCC will file a Notice reflecting any changes to the Maximum Limitation for any Claim prior to the Hearing to consider the Motion. To that end, Wind Down Co and the UCC request that any order granting this Motion provide that the Maximum Limitation listed in Schedule 1 and Schedule 2 to the Order shall govern for all purposes under the Plan. 12

16 Pg 16 of 21 Estimation of Claims 35. Section 8.3 of the Plan provides that Wind Down Co may at any time, at the direction of the Plan Oversight Board, request that the Bankruptcy Court estimate any contingent, unliquidated, or Disputed Claim pursuant to section 502(c) of the Bankruptcy Code regardless of whether any party in interest previously objected to such Claim or whether the Bankruptcy Court has ruled on any such objection. Plan at Section 502(c) of the Bankruptcy Code empowers the Court to estimate certain Claims, and requires such estimation where the fixing or liquidation of such Claim absent estimation would unduly delay the administration of the case. 11 U.S.C. 502(c). Given that the ultimate amount of consideration that will be distributed to holders of Allowed Class 3A General Unsecured Claims is already fixed, unless the Court enters an order estimating the unliquidated Class 3A General Unsecured Claims, the UCC will not be in a position to establish a reserve and make distributions with certainty until all unliquidated Claims become liquidated. This could take (at a minimum) several months, and delay Distributions. 37. The goal of section 502(c) is to promote the fundamental policy of chapter 11, namely, that a chapter 11 reorganization must be accomplished quickly and efficiently. Bittner v. Borne Chemical Co., 691 F.2d 134, (3rd Cir. 1982) (affirming lower court decision estimating claim). Section 502(c) uses the word shall, and, therefore, estimation is mandatory rather than permissive if the criteria of section 502(c) are met. 11 U.S.C. 502(c) ( There shall be estimated for purpose of allowance....) (emphasis added); see also In re Frontier Airlines, Inc., 137 B.R. 811, 814 (D. Colo. 1992) ( Estimation is not discretionary with the bankruptcy 13

17 Pg 17 of 21 court. ); In re Lane, 68 B.R. 609, 611 (Bankr. D. Haw. 1986) ( This duty of the bankruptcy court is mandatory, since the language of the above-quoted section states shall. ). 38. Estimation of a claim under section 502(c) is appropriate if liquidation of a claim will take too long and unduly delay the administration of the estate s assets. In re New York Medical Group, P.C., 265 B.R. 408, 415 (Bankr. S.D.N.Y. 2001). See also In re Continental Airlines, 981 F.2d 1450, 1461 (5th Cir. 1993) ( Bankruptcy Code 502(c)(1) serves two purposes: 1)... to avoid the need to await the resolution of outside lawsuits to determine issues of liability or amount owed by means of anticipating and estimating the likely outcome of these actions, and 2)... to promote a fair distribution to creditors through a realistic assessment of uncertain claims. ). The estimation process is an expedient method for setting the amount of a claim that may receive a distributive share from the estate. In re Thomson McKinnon Sec., Inc., 143 B.R. 612, 619 (Bankr. S.D.N.Y. 1992). 39. Courts have construed the phrase for purpose of allowance, as used in section 502(c) of the Bankruptcy Code, to encompass both the allowance and disallowance (through valuation at zero) of contingent or unliquidated claims. In re Frontier, 137 B.R. at 814. See also Bittner, 691 F.2d at 135 (affirming bankruptcy court s estimation of claims at $0.00); Ryan v. Loui (In re Corey), 892 F.2d 829, 834 (9th Cir. 1989) (affirming estimation of claims at $0.00); JP Morgan Chase Bank v. U.S. Nat l Bank Ass n (In re Oakwood Homes Corp.), 329 B.R. 19, 22 (D. Del. 2005) (affirming bankruptcy court s estimation of claims at $0.00); In re Trigeant Holdings Ltd., No EPK, 2015 Bankr. LEXIS 957, at *9 (Bankr. S.D. Fla. Mar. 27, 2015) (estimating claim at $0.00); In re Girard Med. Ctr., 128 B.R. 938, 947 (Bankr. E.D. Pa. 1991) (same). 14

18 Pg 18 of Further, while section 502(c) refers to the estimation of claims for purposes of allowance, courts have routinely used estimation to set reserves for the purpose of allowing timely distributions under a chapter 11 plan. See, e.g., In re Adelphia Commc ns Corp., 368 B.R. 140, 279 (Bankr. S.D.N.Y. 2007) (estimating claim for purposes of establishing reserve); In re Enron Corp., No (AJG), 2006 WL , at *8 (Bankr. S.D.N.Y. Jan. 17, 2006)(same). Moreover, estimation is mandatory rather than permissive wherever adjudication of the claim would unduly delay the administration of the bankruptcy case. In re Club Ventures Inv. LLC, No , 2012 WL , at 4* (Bankr. S.D.N.Y. 2012). See also Thomson McKinnon Sec., Inc., 143 B.R. at 619 (same) 41. Accordingly, the Court has the authority to issue an order estimating the claims at the Maximum Limitation amounts set forth on Schedule 1 and Schedule 2 of the Proposed Order. 42. The Claims listed on Schedule 1 to the attached Proposed Order are Claims that are partially unliquidated, as they were filed in liquidated and unliquidated amounts by claimants who were not in a position to determine, compute, or otherwise ascertain at the time of the General Bar Date the actual amount of their Claims (if any) and who have not, in the twelve (12) months subsequent to the General Bar Date, modified (or withdrawn) their Claims to bring clarity to the unliquidated portion. As it has been a year (or more) since many of these Claims were filed, Wind Down Co and the UCC believe that any contingencies related to such Claims should be known, and accordingly, in the absence of any modification or supplement to the underlying proof of claim, it is appropriate to disallow the unliquidated portion of such Claims and estimate the remaining portion of the Claims at the Maximum Limitation for all purposes, including distributions. 15

19 Pg 19 of The Claims listed on Schedule 2 to the attached Proposed Order are Claims that are wholly unliquidated, as they were filed in undetermined amounts by claimants who could not determine, compute, or otherwise ascertain the actual amount of their Claims (if any) and who have not, in the twelve (12) months subsequent to the General Bar Date, modified (or withdrawn) their Claims. 44. Because the Debtors have sold their business as a going concern, the Debtors have paid many of their claimants in the ordinary course of business. Accordingly, it may be that many of these Claims on Schedule 1 and Schedule 2 to the Proposed Order were filed as mere placeholders. Thus, there is little harm in establishing the Maximum Limitation for such Claims, as they may ultimately be disallowed in their entirety. 45. Given the above, these Claims are subject to estimation under section 502(c) of the Bankruptcy Code, and the UCC requests that the Court estimate each Claim listed on Schedule 1 to the attached proposed order in the amount listed as the Maximum Limitation, and the amount for each Claim on Schedule 2 at the amount listed as the Maximum Limitation, which may be zero dollars ($0.00), as set forth in Schedule 1 and Schedule As noted above, the Maximum Limitation may be subject to further or additional objections by any party, including Wind Down Co. No Claims are being Allowed by this Motion and each Claim shall remain Disputed at this time. The purpose of this Motion is to reduce the number of unliquidated claims, establish a Disputed Claims Reserve, and facilitate an Initial Distribution. 47. Courts in this district and others have granted relief substantially similar to the relief sought herein. In re 21 st Century Oncology Holdings, Inc., Case No (RDD) (Bankr. S.D.N.Y. Feb. 1, 2018) (authorizing reorganized debtors to make an interim 16

20 Pg 20 of 21 distribution and establish a disputed claims reserve); In re Residential Capital, LLC, Case No (MG) (Bankr. S.D.N.Y. Oct. 26, 2016) (same); In re Magnum Hunter Resources Corporation, Case No (KG) (Bankr. D. Del. Oct. 21, 2016) (authorizing reorganized debtors to establish a maximum amount for certain unliquidated claims for purposes of making distributions); In re Hawker Beechcraft, Inc., Case No (SMB) (Bankr. S.D.N.Y. Sept. 24, 2015) (authorizing reorganized debtors to make an interim distribution and establish a disputed claims reserve). Additionally, Courts have estimated claims for other purposes, including in connection with setting appropriate reserves for voting, feasibility, or distribution purposes. See, e.g., In re Lomas Fin. Corp., 172 B.R. 3, 4 (S.D.N.Y. 1994) (noting that court had estimated certain claims for purposes of setting reserve); In re Adelphia Commc ns Corp., 368 B.R. 140, (Bankr. S.D.N.Y. 2007) (estimating creditor s claim for future expenses for purposes of establishing reserve); In re Enron Corp., No (AJG), 2006 WL , at *1 (Bankr. S.D.N.Y. Jan. 17, 2006) (approving debtors motion to estimate claims for purposes of establishing reserves). Notice 48. Notice of this Motion will be provided in accordance with the Order Pursuant to 11 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c), 2002(m), and 9007 Implementing Certain Notice and Case Management Procedures [ECF No. 101] and to the holders of Claims listed on Schedule 1 and Schedule 2. Wind Down Co and the UCC submit that, in view of the facts and circumstances, such notice is sufficient and no other or further notice need be provided. No Prior Request 49. No prior request for the relief sought in this Motion has been made to this or any other court. 17

21 Pg 21 of 21 Conclusion WHEREFORE, Wind Down Co and the UCC respectfully request that the Court enter the Proposed Order, substantially in the form attached hereto as Exhibit A, granting the relief requested herein, and granting such other relief as is just and proper. Dated: October 12, 2018 New York, New York Respectfully submitted, /s/ Timothy Q. Karcher Martin J. Bienenstock Timothy Q. Karcher Vincent Indelicato PROSKAUER ROSE LLP Eleven Times Square New York, NY Tel: (212) Fax: (212) Counsel to the Statutory Unsecured Claimholders Committee of, et al. And /s/ Kyle Kimpler Alan W. Kornberg Kyle Kimpler Lauren Shumejda PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY Tel: (212) Fax: (212) Counsel to W Wind Down Co LLC 18

22 mew Doc Filed 10/12/18 Entered 10/12/18 17:43:08 Exhibit A- Proposed Order Pg 1 of 11 Exhibit A Proposed Order 2534/ CURRENT/ v3 10/11/2018 6:12 PM

23 mew Doc Filed 10/12/18 Entered 10/12/18 17:43:08 Exhibit A- Proposed Order Pg 2 of 11 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re, et al., Debtors. 1 Chapter 11 Case No (MEW) (Jointly Administered) ORDER GRANTING SECOND MOTION OF WIND DOWN CO AND STATUTORY UNSECURED CLAIMHOLDERS COMMITTEE (I) OBJECTING TO AND (II) SEEKING ESTIMATION OF UNLIQUIDATED CLAIMS FOR ALL PURPOSES UNDER CHAPTER 11 PLAN Upon the Second Motion of Wind Down Co And Statutory Unsecured Claimholders Committee (I) Objecting to and (II) Seeking Estimation of Unliquidated Claims for All Purposes Under Chapter 11 Plan (the Motion ); 2 pursuant to Bankruptcy Code sections 105(a), 502(c), and 1142(b), Bankruptcy Rules 3007 and 3021, and the confirmed Plan, seeking entry of an order (i) fixing the Maximum Limitation of the partially liquidated Claims set forth on Schedule 1, annexed hereto, in the liquidated amount of such Claims, (ii) disallowing the unliquidated portion of the partially liquidated Claims set forth on Schedule 1, and (iii) disallowing certain unliquidated Claims in their entirety as set forth on Schedule 2, annexed hereto; and the Court having found that the Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. 1334, section 13 of the Plan, and the Confirmation Order; and the Court having found that the Motion is a core proceeding under 28 U.S.C. 157(b)(2); and it appearing that venue of this proceeding and the Motion in this district is proper pursuant to 28 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, if any, are: (0933), CE Nuclear Power International, Inc. (8833), Fauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), PaR Nuclear Holding Co., Inc. (7944), PaR Nuclear, Inc. (6586), PCI Energy Services LLC (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, Inc. (6250), Stone & Webster Asia Inc. (1348), Stone & Webster Construction Inc. (1673), Stone & Webster International Inc. (1586), Stone & Webster Services LLC (5448), Toshiba Nuclear Energy Holdings (UK) Limited (2348), TSB Nuclear Energy Services Inc. (2348), WEC Carolina Energy Solutions, Inc. (8735), WEC Carolina Energy Solutions, LLC (2002), WEC Engineering Services Inc. (6759), WEC Equipment & Machining Solutions, LLC (3135), WEC Specialty LLC (N/A), WEC Welding and Machining, LLC (8771), WECTEC Contractors Inc. (4168), WECTEC Global Project Services Inc. (8572), WECTEC LLC (6222), WECTEC Staffing Services LLC (4135), Westinghouse Energy Systems LLC (0328), Westinghouse Industry Products International (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania By order dated September 25, 2018, [ECF No. 3956] the administration of the Debtors cases was consolidated at the case of Westinghouse Electric, and the affiliated cases of certain Debtors were closed. 2 Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Motion.

24 mew Doc Filed 10/12/18 Entered 10/12/18 17:43:08 Exhibit A- Proposed Order Pg 3 of 11 U.S.C and 1409; and the Court having found that Wind Down Co and the UCC provided due and proper notice of the Motion in accordance with Bankruptcy Rule 3007 and the Order Pursuant to 11 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c) and 9007 Implementing Certain Notice and Case Management Procedures; and the Court, upon review of the Motion, having determined that the legal and factual bases set forth in the Motion establish just cause for the relief requested therein and granted herein; and after due deliberation and sufficient cause appearing therefor, it is 1. ORDERED that the Motion is approved and granted to the extent set forth herein and with respect to the Claims listed on Schedule 1 and Schedule 2 hereto; and it is further 2. ORDERED that the unliquidated portions of the Claims listed on Schedule 1 shall be disallowed and such Claims shall be estimated in the amount identified in the column entitled Maximum Limitation on Schedule 1; and it is further 3. ORDERED that each of the Claims listed on Schedule 2 shall be disallowed in their entirety and such Claims shall be estimated in the amount identified in the column entitled Maximum Limitation on Schedule 2; and it is further 4. ORDERED that the Maximum Limitation for each Claim listed on Schedule 1 and Schedule 2 shall govern for all purposes under the Plan, including distributions, and shall be the maximum limitation of the amount of such Claims, such that, in no event will the Allowed Amount of any such Claim be greater than the Maximum Limitation established by this Order; and it is further 5. ORDERED that no Claims are being Allowed by this Motion and each Claim identified on Schedule 1 and Schedule 2 shall remain Disputed for all purposes, pending further order of the Court or the agreement of Wind Down Co and the UCC; and it is further 6. ORDERED that the Claims may be subject to further or additional objections by any party, including Wind Down Co, prior to the deadline for filing objections to General Unsecured Claims (as such deadline may be extended by this Court; and it is further 2

25 mew Doc Filed 10/12/18 Entered 10/12/18 17:43:08 Exhibit A- Proposed Order Pg 4 of ORDERED that Wind Down Co, the UCC, and KCC are authorized to take all actions necessary to effectuate the relief granted in this Order; and it is further 8. ORDERED that the Court shall retain jurisdiction to hear and determine all matters arising from or related to the implementation, interpretation, and/or enforcement of this Order. Dated:, 2018 New York, New York The Honorable Michael E. Wiles United States Bankruptcy Judge 3

26 mew Doc Filed 10/12/18 Entered 10/12/18 17:43:08 Exhibit A- Proposed Order Pg 5 of 11 Schedule / CURRENT/ v2 10/11/ :07 PM

27 Proposed Order Pg 6 of 11 Second Motion Objecting to and Seeking Estimation Of Unliquidated Claims Schedule 1 Claims Asserted in Partially Unliquidated Amounts Claimant Name Claimant Address Debtor Name Filed Date 1. Kasgro Rail Corp Kasgro Rail Corp 2650 Sival Road NW Ramsey, Indiana, mew Doc Filed 10/12/18 Entered 10/12/18 17:43:08 Exhibit A- Estimated Claim to be Unsecured Unsecured Maximum Estimated Unsecured Unliquidated Unliquidated Limitation Liquidated Amount Amount* Amount Ground(s) for Objection to Unliquidated Portion of Claim 9/1/ $650,000 Undetermined $0.00 $650,000 Claim lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 2. KEPCO Engineering & Construction Company, Inc. (f/k/a Korea Power Engineering Company, Inc. KEPCO Engineering & Construction Company, Inc., 269 Hyeoksin-ro, Gimcheon-si, Gyeongsangbuk-do, South Korea 3. Lewis III, Albert R. William E. Kelleher, Jr., Esq. Cohen & Grigsby, P.C. 625 Liberty Avenue Pittsburgh, PA USA 8/30/ $160, Undetermined $0.00 $160, Debtors informed movants that they reviewed books and records and the claim seeks an unliquidated amount for which the Debtors are not liable. Furthermore, claim lacks sufficient documentation to verify the basis for any unliquidated amount. Claim should be estimated at zero dollars. 8/31/ $48, Undetermined $0.00 $48, Claim is apparently protective claim. Furthermore, claim lacks sufficient documentation to verify any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 4. Lynx Supply Lynx Supply 233 Warehouse Rd. Oak Ridge, TN /14/ $5, Undetermined $0.00 $5, Liquidated amount is set per schedule. But claim lacks sufficient documentation for amounts in excess of scheduled amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 5. Noe, Ronald Ronald Noe 1456 Ridge Rd., Hopkins, S.C Nuclear Decomissioning Authority (UK) 7. Numip Engineering Construction Michael Glass, Head of Revenue Nuclear Decommissioning Authority Herdus House, Westlakes Technology and Science Park Moor Row Cumbria, CA24 3HU United Kingdom Numip Engineering Construction Cvetkova ulica 27 LJUBLJANA, SLOVENIA SI-1000, Slovenia Company, LLC 9/1/ $5, Undetermined $0.00 $5, Claim is apparently protective. Furthermore, Debtors informed movants that they reviewed books and records and the claim seeks an unliquidated amount for which the Debtors are not liable. Claim also lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 8/30/ $124,350, Undetermined $0.00 $124,350, Claim lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 8/31/ $55, Undetermined $0.00 $55, Claim lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 8. Qualtech, a Division of Curtiss- Wright Flow Control Service Corporation Stephen B. Gerald, Esq., Whiteford, Taylor and Preston LLC, 405 N. King Street, Suite 500 The Renaissance Centre Wilmington, D.E /4/ $1,261, Undetermined $0.00 $1,261, Claim lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 2534/ CURRENT/ v2 10/11/ :07 PM

28 mew Doc Filed 10/12/18 Entered 10/12/18 17:43:08 Exhibit A- Proposed Order Pg 7 of 11 Claimant Name Claimant Address Debtor Name Filed Date 9. Scientech, a Division of Curtiss- Scientech, a Division of Curtiss- Wright Flow Control Service Wright Flow Control Service Corporation Corporation Steven B. Gerald 405 N. King Street Suite 500 Wilmington, DE, Skandinaviska Enskilda Banken AB (publ) Skandinaviska Enskilda Banken AB, Kungstradgardsgatan 8 SE Stockholm, Sweden Estimated Claim to be Unsecured Unsecured Maximum Estimated Unsecured Unliquidated Unliquidated Limitation Liquidated Amount Amount* Amount Ground(s) for Objection to Unliquidated Portion of Claim 8/28/ $603, Undetermined $0.00 $603, Claim is admittedly protective claim. Furthermore, claim lacks sufficient documentation to verify the basis of the unliquidated amount. The claim should be estimated at zero dollars. 8/30/ $24,749, Undetermined $0.00 $24,749, Claim appears to be protective claim. Furthermore, claim lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 11. South Carolina Department of Health and Environmental Control South Carolina Department of Health and Environmental Control, Office of General Counsel - SC DHEC 2600 Bull Street Columbia, SC, SPX Flow, Inc. SPX FLOW, Inc. David M. Schilli 101 N. Tryon Street Suite 1900 Charlotte, NC, USA 13. SPX Flow, Inc. SPX FLOW, Inc. David M. Schilli 101 N. Tryon Street Suite 1900 Charlotte, NC, USA 14. Survey Instrument Repair Survey Instrument Repair 2140 Dutch Fork Rd Chapin, SC WECTEC Contractors Inc. 9/25/ $2, Undetermined $0.00 $2, Debtors informed movants that they reviewed books and records and the claim seeks an unliquidated amount for which the Debtors are not liable. Furthermore, claim lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 8/29/ $881, Undetermined $0.00 $881, Claim lacks sufficient documentation to verify the basis of any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 8/29/ $1, Undetermined $0.00 $1, Claim lacks sufficient documentation to verify the basis of any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 8/14/ $ Undetermined $0.00 $ Liquidated amount is set per schedule. But claim lacks sufficient documentation for amounts in excess of scheduled amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 15. Tarrant County Elizabeth Weller Laurie A Spindler Linebarger Goggan Blair & Sampson, LLP 2777 N. Stemmons Frwy Ste 1000 Dallas, Texas TN International TN International Orano USA, Thomas Pennington, Legal Department 7135 Minstrel Way Columbia, MD United States Enrichment Corporation Stephen S. Greene Senior Vice President, Chief Financial Officer & Treasurer Centrus Energy Corp 6901 Rockledge Drive, Suite 800 Bethesda, Maryland USA 3/5/ $7, Undetermined $0.00 $7, Claim lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 8/30/ $58, Undetermined $0.00 $58, Debtors informed movants that they reviewed books and records and the claim seeks an unliquidated amount for which the Debtors are not liable. Furthermore, claim lacks sufficient documentation to verify the basis for any unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars. 8/29/ $13,719,603 Undetermined $0.00 $13,719,603 Claim is apparently protective. Furthermore, claim lacks sufficient documentation to verify the basis of the unliquidated amount. To the extent the claim is unliquidated it should be estimated at zero dollars / CURRENT/ v2 10/11/ :07 PM