mew Doc 667 Filed 06/07/17 Entered 06/07/17 16:45:24 Main Document Pg 1 of 4

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1 mew Doc 667 Filed 06/07/17 Entered 06/07/17 16:45:24 Main Document Pg 1 of 4 HAHN & HESSEN LLP 488 Madison Avenue New York, New York Telephone: ( Facsimile: ( Edward L. Schnitzer, Esq. -and- MANNING FULTON & SKINNER, P.A Glenwood Avenue, Suite 500 (27612 P.O. Box Raleigh, North Carolina Telephone: ( Facsimile: ( William C. Smith, Esq. Counsel to DuBose National Energy Services, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK X In re WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors X Chapter 11 Case No (MEW (Jointly Administered NOTICE OF DUBOSE NATIONAL ENERGY SERVICES, INC. OF PERFECTION OF MECHANICS LIEN PURSUANT TO 11 U.S.C. 546(B(2 UNDER GEORGIA LAW DuBose National Energy Services, Inc. ( DuBose, by and through undersigned cocounsel, hereby provides notice of its mechanics lien under 11 U.S.C. 546(b(2, and respectfully states as follows: 1. DuBose is a North Carolina corporation which delivered, or caused to be delivered, materials to Georgia /

2 mew Doc 667 Filed 06/07/17 Entered 06/07/17 16:45:24 Main Document Pg 2 of 4 2. Prior to March 29, 2017 (the Petition Date, DuBose provided goods for incorporation into the structure and services to the above-captioned debtors (the Debtors for a nuclear power plant construction project identified as the Allen W. Vogtle Electrical Generating Plant near August, Georgia (the Vogtle Project, located on certain real property in Burke County, Georgia. 3. The total value of labor and materials DuBose furnished to the Vogtle Project prior to the Petition Date that has not been paid as of the Petition Date is $1,392, (the DuBose Lien Amount, exclusive of accruing interest and other charges. Amount. 4. DuBose has not received any payment on account of the DuBose Lien 5. Georgia s mechanics lien statute provides in relevant part: (a The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: (2 All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate...[.] See Ga. Code Ann (a(2. 6. A lien under Georgia law is perfected if the lien claimant files in the office of the clerk of court of the county in which the property is located a statement of its lien with an account of the amount due, with all just credits given, together with a notice of expiration of the lien, a notice to the owner, and a description of the property intended to be covered by the lien. See Ga. Code Ann Such lien must be filed no later than 90 days after the lien claimant has ceased providing labor on, or furnish labor or materials for, such building or structure. See Ga. Code Ann

3 mew Doc 667 Filed 06/07/17 Entered 06/07/17 16:45:24 Main Document Pg 3 of 4 7. Georgia law further requires the commencement of suit to enforce the lien within 365 days after the day of the fling of the statement with the clerk of the superior court. See Ga. Code Ann (a(3. 8. DuBose has filed a notice of the DuBose Lien Amount, totaling $1,392,938.68, against the real property on which the Vogtle Project is located in Georgia (the Georgia Real Property in accordance with Georgia law. True and correct copies of the DuBose Notice of Lien are attached hereto as Exhibit A. 9. Accordingly, pursuant to 11 U.S.C. 546(b(2, DuBose hereby provides notice to the Debtors, the Debtors counsel, the Office of the United States Trustee, counsel to the Lenders under the DIP Facility, the owner of the Georgia Real Property, and all other interested parties, of DuBose s rights as a perfected lienholder in all of the Georgia Real Property pursuant to Georgia law. 10. DuBose is filing this Notice to preserve, perfect, maintain, and continue its rights in all of the Georgia Real Property under Georgia law in order to comply with the requirements of Georgia law and 11 U.S.C. 546(b( The filing of this Notice shall not be deemed a waiver of DuBose s rights to (i seek relief from the automatic stay to foreclose its liens, or (ii assert any other rights and/or defenses. 12. Further, the filing of this Notice shall not be construed as an admission that such filing is required under title 11 of the United States Code, Georgia law, or any other applicable law. Additionally, DuBose makes no admission of fact or law, and asserts that

4 mew Doc 667 Filed 06/07/17 Entered 06/07/17 16:45:24 Main Document Pg 4 of 4 its lien is senior to and effective against any entities that may have acquired rights to the Georgia Real Property previously. Dated: New York, New York June 7, 2017 HAHN & HESSEN LLP By: /s/ Edward L. Schnitzer Edward L. Schnitzer A Member of the Firm 488 Madison Avenue New York, New York Telephone: ( Facsimile: ( eschnitzer@hahnhessen.com -and- MANNING FULTON & SKINNER, P.A Glenwood Avenue, Suite 500 (27612 P.O. Box Raleigh, North Carolina Telephone: ( Facsimile: ( Attn: William C. Smith, Esq. smith@manningfulton.com Counsel for DuBose National Energy Services, Inc.

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