mew Doc 1793 Filed 11/22/17 Entered 11/22/17 11:40:00 Main Document Pg 1 of 12

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1 Pg 1 of 12 UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK In re: WESTINGHOUSE ELECTRIC COMPANY LLC, etal., Debtors. ) Chapter 11 ) ) Case No (MEW) ) ) (Jointly Administered) ) NOTICE OF PERFECTION OF MECHANIC S LIEN BY SYSTEM ONE HOLDINGS, LLC PURSUANT TO 11 U.S.C. 546(b)(2) UNDER GEORGIA LAW PLEASE TAKE NOTICE that by and through its undersigned counsel, System One Holdings, LLC ( System One ) hereby files this notice of its intent to perfect its mechanic s lien under 546(b)(2), and respectfully states as follows: 1. System One is a Delaware limited liability company doing business in Georgia. 2. Prior to March 29, 2017 (the Petition Date ), System One furnished temporary professional and technical project staff augmentation services to the above-captioned debtors (the Debtors ) with respect to a nuclear power plant construction project identified as the Allen W. Vogtle Electric Generating Plant near Augusta, Georgia ( Vogtle Project ) located on certain real property within Burke County, Georgia. 1 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 Electric Company LLC (0933), CL Nuclear Power International, Inc. (8833), Lauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), 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 Company LLC (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing Company LLC (5961). The Debtors' principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania

2 Pg 2 of The total value of services supplied by System One, and not yet paid for by the Debtors, is $649, as of March 29, 2017 (the Georgia Lien ). Interest and other charges continue to accrue thereon. 4. System One has not been paid for these pre- and post-petition services. 5. Under the mechanics lien statute in effect in Georgia, Ga. Code Ann et seq. (The Georgia Lien Law ), states: 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) [a] 11 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;... Georgia Code Ann (a)(2). 6. A lien under Georgia Lien Law is perfected if the lien claimant within ninety days after he ceases to labor on or finish labor or materials for such building or structure, 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 him, 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. Ga. Code Ann The Georgia Lien Law further requires the commencement of suit to enforce the lien within 364 days after the day of the filing of the statement with the clerk of the superior court. Ga. Code. Ann (a)(3). 8. System One filed a notice of lien totaling $649, (plus applicable interest) as of March 29, 2017 against the real property where the equipment is located in Georgia 2 The Georgia Lien is in the aggregate of $649, with $492, arising pre-petition and $156, arising post-petition

3 Pg 3 of 12 (collectively, the Georgia Real Property ) in accordance with the Georgia Lien Law (the Georgia Notice of Lien ). 9. True and correct copies of the Claim of Lien filed on the Georgia Property are attached hereto as Exhibit A. 10. Section 546(b)(2) of Title 11 of the United States Code (the Bankruptcy Code ) provides that when applicable law requires the filing of suit or the seizure of property as condition of creating or perfecting a lien, the claimant may file a notice with the Bankruptcy Court. 11. Accordingly, pursuant to 11 U.S.C. 542(b)(2), System One hereby provides notice to the Debtors, the Debtors counsel, the Office of the United States Trustee, the Debtors secured lenders, the owner of the Georgia Real Property and to all other interested parties of System One s rights as a perfected lienholder in all the Georgia Real Property pursuant to the Georgia Lien Law. 12. System One is providing this notice to preserve, perfect, maintain and continue its rights in all of the Georgia Real Property under Georgian state law in order to comply with the requirements of the Georgia Lien Law and Section 546(b)(2) of the Bankruptcy Code. 13. The filing of this notice shall not be deemed to be a waiver of System One s rights to seek relief from the automatic stay to foreclose its liens and/or any other rights or defenses. 14. The filing of this notice shall further not be construed as an admission that such filing is required under the Bankruptcy Code, the Georgia Lien Law or any other applicable law. Additionally, System One hereby makes no admission of fact or law and, asserts that its

4 Pg 4 of 12 lien is senior to and effective against entities that may have acquired rights in the Georgia Real Property previously. 15. The filing of this notice is without prejudice to System One s written demand for reclamation of goods pursuant to 11 U.S.C. 546(c) upon Debtor Westinghouse Electric Company, LLC ( Westinghouse ) and Allen W. Vogtle Electric Generating Plant ( Vogtle Plant ). 16. The filing of this notice is without prejudice to System One s claims under 11 U.S.C. 503(b)(9) and without prejudice to its administrative claims for the delivery of goods post-petition. Respectfully submitted, CLARK HILL PLC Dated: November 22, 2017 /s/ William C. Price William C. Price (PA 90871) One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA Tel:(412) Facsimile: (412) wprice@clarkhill.com Counsel for System One Holdings, LLC

5 Pg 5 of 12 Certificate of Service The undersigned hereby certified that a true and correct copy of the foregoing instrument has been served on this 22nd day of November, 2017 upon all parties requesting service via ECF Notification: Respectfully submitted, CLARK HILL PLC Dated: November 22, 2017 /s/ William C. Price William C. Price (PA 90871) One Oxford Centre 301 Grant Street, 14th Floor Pittsburgh, PA Tel.: (412) Facsimile: (412) wprice@,clarkhill.com Counsel for System One Holdings, LLC

6 Pg 6 of 12 UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK In re: WESTINGHOUSE ELECTRIC COMPANY LLC, etal., Debtors.1 ) Chapter 11 ) ) Case No (MEW) ) ) (Jointly Administered) ) EXHIBIT A TO NOTICE OF PERFECTION OF MECHANIC S LIEN BY SYSTEM ONE HOLDINGS, LLC PURSUANT TO 11 U.S.C. 546(b)(2) UNDER GEORGIA LAW 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 Electric Company LLC (0933), CL Nuclear Power International, Inc. (8833), Lauske and Associates LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), 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 Company LLC (3909), Westinghouse International Technology LLC (N/A), and Westinghouse Technology Licensing Company LLC (5961). The Debtors' principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania

7 Pg 7 of 12 Return to: Ernest L. Beaton IV System One Holdings, LLC c/o McLain & Merritt, P.C, 3445 Peachtree Road, N.E. Suite 500 Atlanta, GA cat not/c nm IWTV Materialman s and Mechanic s Claim of Lien State of Georgia, Burke County System One Holdings, LLC c/o McLain & Merritt, P.C. engaged in the business of improving real estate by performing professional engineering services, furnishing materials and/or equipment, or other services or labor for the improvement of the real property identified in Exhibit A, claims a lien in the amount of $649,412.93, plus interest thereon as provided by law, upon a certain building and the real estate upon which it is erected of: See Exhibit B for Owners Property owner(s), for satisfaction of a claim which became due on August 4, 2017 for building, repairing, improving and/or furnishing material, services, and labor for a building or structure. Said labor, materials or equipment were furnished by the undersigned lien claimant at the instance of Westinghouse Electric Company. The real estate in Burke County, Georgia being more particularly described as: Construction of Vogtle Units 3 and 4 Vogtle Electric Generating Plant Waynesboro, GA Second Amended Notice of Commencement filed at 145, Page 295 And being more particularly described on Exhibit A attached hereto and by reference incorporated herein. This claim expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period. Notice to Owner: The property owner has the right to contest this claim of lien pursuant to O.C.G.A and as otherwise provided under Georgia law. This notice and Claim of Lien is filed for record in the Office of the Clerk of the Superior Court of this County where the property is located pursuant to O.C.G.A , et seq., within 90 days after the last furnishing or performance of the aforementioned labor, service or material

8 Pg 8 of 12 System One Holdings, LLC c/o McLain & Merritt, P.C. Its: Attorney Date: fjql/wnhir

9 Pg 9 of 12 Exhibit A LEGAL DESCRIPTION

10 Pg 10 of 12 10/31/2017 QSCCOA.org Imago Index LEGAL DESCRIPTION ALL THAT TRACT OR PARCEL OF LAND lying and being In O.M.D. 66. Buries County, Georgia, being mote particularly described ns follows: TO FIND THE TRUE POINT OP BEOJNNINO, begin al the concrete monument 1bund marked VNE-IO", said eoncreto monumool Ibund having Plant Vogtla Plant Grid System coordinates of North foot, Boat feel and Georgia State Plans Coordinates [Baal Zone] of North feet, East ,384 feet! thenoo run north 28 degrees 16 minutes 50 seconds west a dlatanco of2272,05 feat to a point (Referenoe Point H t) having Plant Vogtla Plant Grid System coordinates of North 5000,00 feat. Best 5000,00 feet and Georgia Stale Plane Coordinates [East Zone] of North ,311 feet, Bast feet (Reference Point #1 alto being located t'/orlh 27 degrees 32 minutes 17 seconds West a distance of2426,79 feel Horn the point formed by the Intersection of the centerlines of River Road sndehenezer Church Road)', thenae nm North 63 dogrnoa 26 minutes 06 seconds Bast a distance of447,21 feet to a point CTte Point 9), said point having Plant Vogtle Plant Grid System eooidlnmcs of North feet, East feet and Georgia Slate Plane Coordinates [East Zone] of North feat, East ,099 feat, and said point being the TRUE POINT OF B EGINNING, FROMTHB TRUE POINT OP BEGINNING AS THUS ESTABLISHED, thanne tunning74orth 00 degrees 00 minutes 00 seconds West n distance of4500,00 feet to a point, said point having Plant Vogtle Plant Grid System coordinates ofnorth 9700,00 fed, East feotnndaeorglsslatoplattecaordlnntos [East Zone] ofnorth ,871 feet, East ,248 feel; thence running North 90 degrees 00 minutes 00 seconds East a distance of feet to a paint, said point having Plant Vogtle Plant Grid System coordinates ofnorth feel, Bast feel and Goorgla State Plana Coordinates (Bast Zone] ofnorth feet, East ,000 feet j tltewo running South 00 degrees 00 minutes 00 seconds East n distance of 1000,00 feet to a point, aatd point having Plant Vogtle Plant Grid System coordinates ofnorth feel. Bast feet ind Georgia State Plano Coordinates [Bast Zone] ofnorth )26 feet, Bast feet! thence running North 90 degrees 00 minutes 00 Seconds East a distance of 300,00 feet to a point) said point having Plant Vogtle Plant Gild System coordinates ofnorth 8700,00 feet. Bast feet and Georgia Stale Place Coordinates [East Zone] ofnorth foot, East ,931 feetj thence running South 00 degrees 00 minutes 00 seconds Best a distance OC feet to a paint, said point having Plant Vogtle Plant Grid System coordinates ofnorth 5900,00 feet, East 8900,00 feet and Georgia State Plane Coordlrurtes [Bast Zona] of North ,066 feat. East ftot; thence running South 50 degrees 31 mtmilcs 39 seoonda Wesradlstance ofl 101,14 feet to a point, said point having Plant Vogtto Plant Grid System coordinates of North 5200,00 feet. East feel and Georgia Slate Plane Coordinate (East Zone] of North feet, Bast feet! thence naming North 90 degrees OO minutes 00 seconds West a distance of htlpt//8barch.gaccca.org/imaglng/html5vlawar.aapx7ld=604o3o12&key1=964&key2=73&cqunly«17&countynama=buri<e&u8erld=68b39&appld... 3/4

11 Pg 11 of 12 10/31/2017 GSGCCA.org - Imago Index j-, ' foot to o point, said point being the TRUE POINT OP BEGINNING: Slid Wet containing notes, more or lew, oh as shown on that certain ALTAVACSM Land Title i Survey Plrutt Vogtle 3 & 4 Ibr Gaorgla Power Company, Ogtedtoipo Power Coiporntlon, 3 Municipal Electric Authority ofgeorgla, City ofdalloo, Chicago Title Insurance Compeny, US, DCpnrtm«itofBnergy,andPNCBankNaitonol Association, d/b/a Mldlond Loan Servian, Ino, a ; Division of PNC Bank, National Association, Georgia Power Drawing Number P319-3, dated i Merch 14,2013, preparedby Lowe Baglnaea, and certified November 22,2013, bydonaldc,! Sherrill, Oeorgla Regleteted Land Surveyor No, 21S8, TOOBTHER WITH Ilia easementt benolwingthe abovo described property under and pursuant to that certain Declaration of Covenants end Croes-Basements for Vogtla Additional Unite by Georgia Power Company, a Oeoigia corporation, Oglelhorpo Power Corporation (An Electric Membership Corporation), Municipal BleoMo Authority of Georgle, e publlo body corporate and politic and City of Dalton, Georgia, an Incorporated municipality of the State ofgeorglb, acting by and through the Board of Water, Light and Sinking Fund Cummlsalonera of tho City of Dalton, Oeorgla, dated as of April 21,2006, tiled for record May 15,2006 at 3i27 p,m recorded In Deed Book 596, Pago 35, Burke County, Georgia Records; ss amended by that certain Omnibus Amendment Regarding Plant Vogde Additional Unite Description by and bclwoen Georgia Power Company, a Georgia corporation, Oglethorpe Power Corporation (An Etedrio Membership Corporation), an etatrto memborehlp corporation organised and existing under the Georgia Blentrto Membership Corporation Aol, Municipal Eleotrio Aulhorily of Gcoigla, a publlo body corpoiato and politic tuid City of Dalton, Oeorgla, an Incorporated municipality of the State of Oeorgla, acting by and through thsboaid of Water, Light and Sinking Bund Commissioners of tho Chy of Dalton, Georgia, 4/Wa Dalton Utilities, dated as of December 1, 2013, filed Ibr record Pebrunry 20,2014 at 8:00 am, recorded In Docd Book 905, Pago 225, afbiraald Records; as Ihrther amended by that oertaln Amendment to Declaration of Covenants and Cross-Easoraenli Ibr Vogtle Additional Units by and between Georgia Power Company, a Georgia corporation, Oglethorpe Power Corporation (An Electric Membership Corporation), on electrio membership corporation organized and existing under tho Goorgla Electric Membership Corporation ACh Municipal Electric Authority ofgeorgla, a public body corporate nnd pollfio organized and existing under Section , et teg., of tins Officio! Code ofgeorgla Annotated, and City ofpalton, Georgia, an Incorporated municipality of tboslale ofgeorgla, noting by rmd through the Board of Water, light and Sinking Fund Commissioners of the City of Dalton, Georgia, d/b/a Dalton Utilities, dated as of December 18,2013, filed for record February 20,2014 at 8:00 aan recorded In Deed Book 905, Page 234, aforesaid Records, hllp^aearoh.gaccca.org/lmaging/html6vlewera0px7m=0s4o3o12&kayl=!9fi4&key2=73&counlyb17&counlynamb=burl<e&ub9rld=60836&appld... 4/4

12 Pg 12 of 12 Georgia Power Company 241 Ralph McGill Boulevard Atlanta, Georgia Exhibit B OWNERS MEAG Power SPVJ, LLC, MEAG Power SPVM, LLC, MEAG Power SPVP, LLC, doing business or also known as Municipal Electric Authority of Georgia as per that certain Second Amended Notice of Commencement recorded at Deed Book 145, Pages in the real estate records of the Superior Court of Burke County, Georgia 1470 Riveredge Parkway NW Atlanta, Georgia Oglethorpe Power Corporation 2100 E. Exchange Place Tucker, Georgia City of Dalton, Georgia, acting by and through the Board of Water, Light and Sinking Fund, Commissions of the City of Dalton, Georgia d/b/a Dalton Utilities 1200 VD Parrott Jr. Parkway P.O. Box 869 Dalton, Georgia