mew Doc 2943 Filed 03/23/18 Entered 03/23/18 12:19:30 Main Document Pg 1 of 25

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1 Pg 1 of 25 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK x In re : Chapter 11 : WESTINGHOUSE ELECTRIC COMPANY : Case No (MEW), et al., : : : Debtors. 1 : (Jointly Administered) : x ORDER GRANTING DEBTORS SEVENTH OMNIBUS OBJECTION TO CLAIMS ( ) Upon the Seventh Omnibus Objection to ( ) filed on February 20, 2018 (ECF No. 2607) (the Objection ) by Westinghouse and certain of its affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ), pursuant to section 502(b) of title 11 of the United States Code (the Bankruptcy Code ); and the Court having jurisdiction to consider the Objection and the relief requested therein in accordance with 28 U.S.C. 157 and 1334 and the Amended Standing Order of M-431, dated January 31, 2012 (Preska, C.J.); and consideration of 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: Westinghouse (0933), CE Nuclear Power International, (8833), Fauske and Associates (8538), Field Services, (2550), Nuclear Technology Solutions (1921), PaR Nuclear Holding Co., (7944), PaR Nuclear, (6586), PCI Energy Services (9100), Shaw Global Services, (0436), Shaw Nuclear Services, (6250), Stone & Webster Asia (1348), Stone & Webster Construction (1673), Stone & Webster, d/b/a WECTEC Global (8572), Stone & Webster International (1586), Stone & Webster Services (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services (2348), WEC Carolina Energy Solutions, (8735), WEC Carolina Energy Solutions, (2002), WEC Engineering Services (6759), WEC Equipment & Machining Solutions, (3135), WEC Specialty (N/A), WEC Welding and Machining, (8771), WECTEC Contractors (4168), WECTEC (6222), WECTEC Staffing Services (4135), Westinghouse Energy Systems (0328), Westinghouse Industry Products International Company (3909), Westinghouse International Technology (N/A), and Westinghouse Technology Licensing Company (5961). The Debtors principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania

2 Pg 2 of 25 the Objection and the relief requested therein being a core proceeding pursuant to 28 U.S.C. 157(b); and venue being proper before this Court pursuant to 28 U.S.C and 1409; and due and proper notice of the Objection having been provided 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 Debtors counsel having certified that no responses to the claims to be reclassified pursuant to this order were filed or received other than the Response (as defined herein); and the Court having found and determined that the relief granted herein is in the best interests of the Debtors, their estates, creditors, and all parties in interest, and that the legal and factual bases set forth in the Objection establish just cause for the relief granted herein; and after due deliberation and sufficient cause appearing therefor, it is forth herein; and it is further ORDERED that the relief requested in the Objection is granted to the extent set ORDERED that the hearing date with respect to proof of claim 1760 filed by Herc Rentals is continued to 11:00 a.m. Eastern Time on April 25, 2018, and the response deadline for the same is continued to 4:00 p.m. Eastern Time on April 18, 2018; and it is further ORDERED that the hearing date with respect to proof of claim 1200 regarding which a response was filed by Superheat FGH Services [Docket No. 2897] (the Response ) is continued to 11:00 a.m. Eastern Time on April 25, 2018; and it is further ORDERED that, pursuant to section 502(b) of the Bankruptcy Code and Bankruptcy Rule 3007, each of the claims listed under the heading to be Reclassified on Exhibit 1 annexed hereto (collectively, the ) is hereby reclassified as a general unsecured claim as indicated on Exhibit 1 ; and it is further 2

3 Pg 3 of 25 ORDERED that nothing herein shall constitute an admission or finding concerning the amount or validity of any of the ; and it is further ORDERED that this Order has no res judicata, estoppel, or other effect on the validity, allowance, or disallowance of, and all rights to object to or defend on any basis are expressly reserved with respect to, any Claim referenced and/or identified in the Objection that is not listed on Exhibit 1 annexed hereto; and it is further ORDERED, that the relief granted herein shall be without prejudice to any claimant s rights to assert a valid claim or lien against a non-debtor third party; and it is further ORDERED that the Debtors, the Debtors claims and noticing agent, Kurtzman Carson Consultants, and the Clerk of this Court are authorized to take all actions necessary or appropriate to give effect to this Order; and it is further ORDERED that this Court shall retain jurisdiction over the Debtors and the claimants whose claims are subject to the Objection with respect to any matters related to or arising from the Objection or the implementation of this Order. Dated: March 23, 2018 New York, New York /s/ Michael E. Wiles HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 3

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5 Pg 5 of 25 ABB Robinson and Cole LLP 280 Trumbull Street Hartford, CT WECTEC Global $2,665, $1,878, $4,543, $4,543, $4,543, Aecon Industrial, A Division Of Aecon Construction Group, 150 Sheldon Drive Cambridge, ON N1R7K WECTEC Global $7,443, $7,589, $1,470, $15,033, $1,470, Amec Foster Wheeler Enviornment Infrastructure 1105 Lakewood Parkway Suite 300 Alpharetta, GA Westinghouse $556, $556, $556, $556, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 1

6 Pg 6 of 25 Amec Foster Wheeler Environment Infrastructure, 1105 Lakewood Parkway, Suite 300 Alpharetta, GA Westinghouse $2,607, $2,607, $2,607, $2,607, Blanchard Machinery 3151 Charleston Highway Columbia, SC WECTEC Global $535, $28, $28, $535, $563, $563, Blythewood Oil Company Inc PO Box 123 Blythewood, SC Westinghouse $86, $154, $154, $86, $241, $241, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 2

7 Pg 7 of 25 Bulldog Erectors, 245 Industrial Park Road Newberry, SC WECTEC Global $11,810, $3,028, $14,838, $14,838, $14,838, Claim Transfered To: Whitebox Asymmetric Partners, LP Attn Scott Specken 3033 Excelsior Blvd., Ste. 300 Minneapolis, MN Transfer Percentage = C.A. Murren and Sons Company, 2275 Loganville Hwy. Grayson, GA WECTEC Contractors $952, $952, $952, $952, C.A. Murren and Sons Company, 2275 Loganville Hwy. Grayson, GA WECTEC Contractors $757, $757, $757, $757, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 3

8 Pg 8 of 25 CANNON SLINE INDUSTRIAL, INC. C/O HINCKLEY, ALLEN & SNYDER LLP 28 STATE STREET BOSTON, MA WECTEC Contractors $4,599, $4,599, $4,599, $4,599, Claim Transfered To: Whitebox Asymmetric Partners, LP Attn Scott Specken 3033 Excelsior Blvd., Ste. 300 Minneapolis, MN Transfer Percentage = Commercial Siding and Maintenance Company 300 Galleria Parkway, SE Suite 1000 Atlanta, GA WECTEC Global $513, $513, $513, $513, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 4

9 Pg 9 of 25 Eaton Corporation 1000 Eaton Blvd., N3 Cleveland, OH WECTEC Global $2,248, $1,761, $4,009, $4,009, $4,009, Eaton Corporation 1000 Eaton Blvd., N3 Cleveland, OH Westinghouse $27, $27, $27, $27, Ed Waters and Sons Contracting Co., Kenison, Dudley Crawford, Law Firm 704 East McBee Avenue Columbia, SC Westinghouse $2,466, $2,466, $2,466, $2,466, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 5

10 Pg 10 of 25 Fergon Tool & Machine Co Inc 200 Fergon Road Lexington, SC Westinghouse $21, $21, $21, $21, Claim Transfered To: Cherokee Debt Acquisition, Attn Vladimir Jelisavcic 1325 Avenue of Americas, 28th Floor New York, NY Transfer Percentage = Greenberry Industrial, Perkins Coie, LLP 1201 Third Avenue, Ste Seattle, WA Westinghouse $3,818, $3,818, $3,818, $3,818, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 6

11 Pg 11 of 25 Gregory, 2124 College Street Columbia, SC WECTEC Contractors $16, $16, $16, $16, Gregory, 2124 College Street Columbia, SC WECTEC Contractors $70, $70, $70, $70, Gregory, 2124 College Street Columbia, SC WECTEC Contractors $149, $12, $12, $149, $161, $161, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 7

12 Pg 12 of 25 Gregory, 2124 College Street Columbia, SC WECTEC Contractors $33, $33, $33, $33, HD Supply Construction Supply, Ltd. d/b/a HD Supply Construction & Industrial - White Cap 301 South College Street, Suite 2900 Charlotte, NC WECTEC Global $90, $90, $90, $90, HD Supply Construction Supply, Ltd. d/b/a HD Supply Construction & Industrial - White Cap 301 South College Street, Suite 2900 Charlotte, NC WECTEC Global $266, $266, $266, $266, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 8

13 Pg 13 of 25 HD Supply Construction Supply, Ltd. d/b/a HD Supply Construction & Industrial - White Cap 301 South College St., Suite 2900 Charlotte, NC WECTEC Global $20, $20, $20, $20, Intertech Security, Tucker Arensberg, P.C One PPG Place Pittsburgh, PA WECTEC Contractors $291, $291, $291, $291, Intertech Security, Tucker Arensberg, P.C One PPG Place Pittsburgh, PA Stone & Webster Construction $183, $183, $183, $183, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 9

14 Pg 14 of 25 Leidos Engineering Freedom Drive Reston, VA WECTEC Global $5,931, $747, $5,685, $6,679, $5,685, Leidos Engineering Freedom Drive Reston, VA WECTEC Global $5,931, $3,625, $9,556, $9,556, $9,556, Lisega 370 E Dumplin Valley Rd Kodak, TN Westinghouse $222, $22, $73, $245, $73, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 10

15 Pg 15 of 25 LISEGA INC - USA 370 E DUMPLIN VALLEY RD KODAK, TN Westinghouse $109, $4, $4, $109, $114, $114, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 11

16 Pg 16 of 25 Martin Marietta Materials, Nexsen Pruet, P 4141 Parklake Avenue, Suite 200 Raleigh, NC WECTEC Global $1,422, $545, $545, $1,422, $1,968, $1,968, Martin Marietta Materials, 4141 Parklake Avenue, Suite 200 Raleigh, NC WECTEC Global $61, $61, $61, $61, Martin Marietta Materials, 4141 Parklake Avenue, Suite 200 Raleigh, NC WECTEC Contractors $221, $48, $48, $221, $270, $270, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 12

17 Pg 17 of 25 Measurement Computing Corp. 10 Commerce Way, Suite 10F Norton, MA Westinghouse $1, $1, $1, $1, MURPHY RIGGING + ERECTING INC TH AVE SE MINNEAPOLIS, MN Westinghouse $171, $171, $171, $171, MURPHY WAREHOUSE COMPANY TH AVENUE SE MINNEAPOLIS, MN Westinghouse $33, $33, $33, $33, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 13

18 Pg 18 of 25 Myers & Chapman, 1101 Woodridge Center Dr. Ste 160 Charlotte, NC Westinghouse $19, $19, $19, $19, Oldcastle Precast, Oldcastle Law Group 900 Ashwood Parkway, Suite 600 Atlanta, GA WECTEC Global $151, $72, $224, $224, $224, Pipe Valve and Fitting Co. PO Box 5806 Denver, CO Westinghouse $1, $1, $1, $1, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 14

19 Pg 19 of 25 Ram Tool and Supply Co., th Avenue South Birmingham, AL WECTEC Global $291, $291, $291, $291, S&ME, 3201 Spring Forest Road Raleigh, NC Westinghouse $138, $138, $138, $138, S&ME, 3201 Spring Forest Road Raleigh, NC Westinghouse $467, $467, $467, $467, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 15

20 Pg 20 of 25 Shealy Electrical Wholesalers, 704 East McBee Avenue Greenville, SC Westinghouse $133, $133, $133, $133, SHELBY MECHANICAL INC 1009 BROAD STREET CINNAMINSON, NJ WECTEC Contractors $601, $601, Claim Transfered To: Whitebox Asymmetric Partners, LP Attn Scott Specken 3033 Excelsior Blvd., Ste. 300 Minneapolis, MN Transfer Percentage = $601, $601, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 16

21 Pg 21 of 25 SteelFab, 5 Concourse Parkway, Ste Atlanta, GA WECTEC Global $91, $10, $10, $91, $102, $102, SteelFab, 5 Concourse Parkway, Ste Atlanta, GA WECTEC Global $848, $1,475, $2,323, $2,323, $2,323, SteelFab, 5 Concourse Parkway, Ste 2600 Atlanta, GA WECTEC Global $669, $62, $62, $669, $731, $731, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 17

22 Pg 22 of 25 SteelFab, 5 Concourse Parkway, Suite 2600 Atlanta, GA WECTEC Global $212, $197, $410, $410, $410, STONHARD DIV OF STONCOR GROUP 1000 E PARK AVE MAPLE SHADE, NJ Westinghouse $9, $9, $9, $9, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 18

23 Pg 23 of 25 The Calvert Company, Akerman LLP 666 Fifth Avenue, 20th Floor New York, NY WECTEC Global $6,569, $6,569, $6,569, $6,569, The Calvert Company, Akerman LLP 666 Fifth Avenue, 20th Floor New York, NY Stone & Webster Construction $308, $139, $30, $478, $478, $478, The Lincoln St Clair Ave Cleveland, OH WECTEC Global $265, $265, $265, $265, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 19

24 Pg 24 of 25 Thompson Industrial Services, 104 North Main Street Sumter, SC WECTEC Global $147, $147, $147, $147, Thompson Industrial Services, 104 North Main Street Sumter, SC WECTEC Contractors $1,298, $1.00 $1,298, Claim Transfered To: JPMorgan Chase Bank, N.A. Attention Arthur E. Flynn, Jr. 4 New York Plaza, Floor 15 Mail Code NY1-E054 New York, NY Transfer Percentage = $1,298, $1,298, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 20

25 Pg 25 of 25 Thompson Services PO Box Columbia, SC Westinghouse $331, $99, $99, $331, $430, $430, Tindall Corporation 300 Galleria Parkway, SE Suite 1000 Atlanta, GA WECTEC Global $370, $118, $118, $370, $488, $488, (2) on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 21