Pg 1 of 7 WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 Gary T. Holtzer Robert J. Lemons Garrett A. Fail Proposed Attorneys for Debtors and Debtors in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re : : Chapter 11 WESTINGHOUSE ELECTRIC : COMPANY LLC, et al., : Case No. 17-10751 (MEW) : Debtors. 1 : (Jointly Administered) CERTIFICATE OF NO OBJECTION UNDER 28 U.S.C. 1746 REGARDING MOTION OF DEBTORS PURSUANT TO 11 U.S.C. 1121(d), FED. R. BANKR. P. 9006(b)(1), AND LOCAL RULE 9006-2 TO EXTEND EXCLUSIVITY PERIODS BY 90 DAYS TO THE HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE: Pursuant to 28 U.S.C. 1746, and in accordance with this Court s case management procedures set forth in the Order Pursuant to 11 U.S.C. 105(a) and Fed. R. 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), 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 (N/A), 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 16066.
Pg 2 of 7 Bankr. P. 1015(c), 2002(m), and 9007 Implementing Certain Notice and Case Management Procedures [ECF No. 101] (the Case Management Order ), the undersigned hereby certifies as follows: 1. On July 26, 2017, Westinghouse Electric Company LLC and its debtor affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the Debtors ), filed and served the Motion of Debtors Pursuant to 11 U.S.C. 1121(d), Fed R. Bankr. P. 9006(b)(1), and Local Rule 9006-2 to Extend Exclusivity Periods by 90 Days [ECF No. 1005] (the Motion ). 2. In accordance with the Case Management Order, the Debtors established a deadline (the Objection Deadline ) for parties to object or file responses to the Motion. The Objection Deadline was set for August 31, 2017 at 4 p.m. The Case Management Order provides that pleadings may be granted without a hearing, provided that no objections or other responsive pleadings have been filed on or prior to the relevant response deadline and the attorney for the entity who filed the pleading complies with the relevant procedural and notice requirements. 3. The Objection Deadline has now passed and, to the best of my knowledge, (1) no responsive pleadings have been filed with the Court on the docket of the above-referenced cases in accordance with the procedures set forth in the Case Management Order or served on counsel to the Debtors or (2) where a response was filed, the claimant has consented to the entry of the Proposed Order. 4. Accordingly, the Debtors respectfully requests that the proposed order granting the Motion annexed hereto as Exhibit A be entered in accordance with the procedures described in the Case Management Order. 2
Pg 3 of 7 I declare that the foregoing is true and correct. Dated: September 1, 2017 New York, New York /s/ Robert J. Lemons Gary T. Holtzer Robert J. Lemons Garrett A. Fail WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 Email: gary.holtzer@weil.com Email: robert.lemons@weil.com Email: garrett.fail@weil.com Proposed Attorneys for Debtors and Debtors in Possession 3
Pg 4 of 7 Exhibit A Proposed Order
Pg 5 of 7 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re : : Chapter 11 WESTINGHOUSE ELECTRIC : COMPANY LLC, et al., : Case No. 17-10751 (MEW) : Debtors. 1 : (Jointly Administered) ORDER PURSUANT TO 11 U.S.C. 1121(d), FED. R. BANKR. P. 9006(b)(1), AND LOCAL RULE 9006-2 EXTENDING EXCLUSIVITY PERIODS BY 90 DAYS Upon the motion (the Motion ), 2 dated July 26, 2017, of Westinghouse Electric Company LLC and its debtor affiliates, as debtors and debtors in possession in the abovecaptioned chapter 11 cases (collectively, the Debtors ), pursuant to section 1121(d) of the Bankruptcy Code, Bankruptcy Rule 9006(b)(1), and Local Rule 9006-2, for entry of an order extending the Exclusive Periods, all as more fully described in the Motion; and the Court having jurisdiction to consider the Motion and the relief requested therein in accordance with 28 U.S.C. 157 and 1334 and the Amended Standing Order of Reference M-431, dated January 31, 2012 (Preska, C.J.); and consideration of the Motion and the requested relief being a core proceeding 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), 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 (N/A), 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 16066. 2 Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Motion.
Pg 6 of 7 pursuant to 28 U.S.C. 157(b); and venue being proper before the Court pursuant to 28 U.S.C. 1408 and 1409; and due and proper notice of the Motion having been provided to the Notice Parties as set forth in the affidavit of service filed at Docket No. 1042; and such notice having been adequate and appropriate under the circumstances, and it appearing that no other or further notice need be provided; and the Court having reviewed the Motion; and the Court having determined that the legal and factual bases set forth in the Motion establish just cause for the relief granted herein; and it appearing that the relief requested in the Motion is in the best interests of the Debtors, their estates, creditors, and all parties in interest; and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. The Motion is granted as set forth herein. 2. Pursuant to section 1121(d) of the Bankruptcy Code, the Exclusive Filing Period is extended through and including December 6, 2017. 3. Pursuant to section 1121(d) of the Bankruptcy Code, the Exclusive Solicitation Period is extended through and including February 4, 2018. 4. The extensions of the Exclusive Periods granted herein are without prejudice to such further requests that may be made by the Debtors or any party in interest, for cause shown, upon notice and a hearing. 2
Pg 7 of 7 5. This Court shall retain jurisdiction to hear and determine all matters arising from or related to this Order. Dated: September, 2017 New York, New York UNITED STATES BANKRUPTCY JUDGE 3