17-10751-mew Doc 2108 Filed 01/10/18 Entered 01/10/18 15:25:43 Main Document Pg 1 of 3 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------ x In re : Chapter 11 : WESTINGHOUSE ELECTRIC COMPANY : Case No. 17-10751 (MEW) LLC, et al., : : : Debtors. 1 : (Jointly Administered) : ------------------------------------------------------------ x ORDER GRANTING DEBTORS FOURTH OMNIBUS OBJECTION TO CLAIMS (Satisfied Claims) Upon the Fourth Omnibus Objection to Claims (Satisfied Claims) (ECF No. 1887) (the Objection ) of Westinghouse and certain of its affiliates, as debtors and debtors in possession in the above-captioned (collectively, the Debtors ), pursuant to section 502(b) of title 11 of the United States Code (the Bankruptcy Code ) and Rule 3007(d) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ); 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 Reference M-431, dated January 31, 2012 (Preska, C.J.); and consideration of the Objection and the relief requested therein 1 The Debtors in these, 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 LLC (8538), Field Services, LLC (2550), Nuclear Technology Solutions LLC (1921), PaR Nuclear Holding Co., (7944), PaR Nuclear, (6586), PCI Energy Services LLC (9100), Shaw Global Services, LLC (0436), Shaw Nuclear Services, (6250), Stone & Asia (1348), Stone & (1673), Stone & International (1586), Stone & Services LLC (5448), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), TSB Nuclear Energy Services (2348), WEC Carolina Energy Solutions, (8735), WEC Carolina Energy Solutions, LLC (2002), WEC Engineering Services (6759), WEC Equipment & Machining Solutions, LLC (3135), WEC Specialty LLC (N/A), WEC Welding and Machining, LLC (8771), WECTEC Contractors (4168), WECTEC Global Project Services (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 16066.
17-10751-mew Doc 2108 Filed 01/10/18 Entered 01/10/18 15:25:43 Main Document Pg 2 of 3 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. 1408 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 expunged pursuant to this order were filed or received other than as noted in the Certificate of No Objection; and the Court having found and determined that the relief sought in the Objection 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 ORDERED that the relief requested in the Objection is granted to the extent set forth herein; 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 Claims to be Disallowed and Expunged on Exhibit 1 annexed hereto (collectively, the Satisfied Claims ) is hereby disallowed and expunged; 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 Satisfied Claim referenced and/or identified in the Objection that is not listed on Exhibit 1 annexed hereto; and it is further ORDERED that the Debtors, the Debtors claims and noticing agent, Kurtzman Carson Consultants LLC, and the Clerk of this Court are authorized to take all actions necessary 2
17-10751-mew Doc 2108 Filed 01/10/18 Entered 01/10/18 15:25:43 Main Document Pg 3 of 3 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: January 10, 2018 New York, New York s/ Michael E. Wiles HONORABLE MICHAEL E. WILES UNITED STATES BANKRUPTCY JUDGE 3
Pg 1 of 5 Satisfied Claims
Fourth Omnibus Objection Pg 2 of 5 Westinghouse Company, LLC et al. Case No. 17-10751 (MEW), Jointly Administered CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of Claimant Claim # Debtor Claim Amount and Priority (1) Grounds For Objection Objection Page Reference American Stainless, LLC 815 State Road Cheraw, SC 29520 202 Stone & $34,906.63 $34,906.63 AUGUSTA CONCRETE BLOCK CO 6269 JEFFERSON DAVIS HWY NORTH AUGUSTA, SC 29841 1068 Stone & $12,527.50 $12,527.50 Avantech Inc 2050 American Italian Way 53 WECTEC Global Project Services Columbia, SC 29209 $9,560.02 $9,560.02 Benton County Treasurer 7122 West Okanogan Place, Building A 110 Westinghouse $31,346.12 Kennewick, WA 99336 $31,346.12 California Department of Tax and Fee Administration (Functional Successtor to Board of Equalization 7/1/17) Administration/Special Ops, MIC 55 PO Box 942879 3239 Westinghouse Sacramento, CA 94279-0055 $6,362.05 $212.52 $6,574.57 Camfil USA 200 Creekside Drive 1385 WECTEC Global Project Services Washington,, NC 27889 $349,432.36 $349,432.36 (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) Claims on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 1
Fourth Omnibus Objection Pg 3 of 5 Westinghouse Company, LLC et al. Case No. 17-10751 (MEW), Jointly Administered CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of Claimant Claim # Debtor Claim Amount and Priority (1) Grounds For Objection Objection Page Reference Connecticut Department of Revenue Services 450 Columbus Blvd. Ste. 1 - Bankruptcy Team Hartford, CT 06103 3193 WEC Equipment & Machining Solutions, LLC $990.00 $150.00 $1,140.00 Dresser, 4424 Sam Houston Parkway - Westway III 661 Westinghouse Houston, TX 77041 $221,902.02 $221,902.02 IL Dept of Revenue Bankruptcy Section PO Box 19035 Springfield, IL 62794 1653 PCI Energy Services LLC $275,021.00 $41,267.00 $316,288.00 IL Dept of Revenue Bankruptcy Section PO Box 19035 1672 Westinghouse Springfield, IL 62794 $50,491.00 $7,207.00 $57,698.00 Massachusetts Department of Revenue PO Box 9564 Boston, MA 02114-9564 1742 PaR Nuclear, $4,302.23 $1,200.00 $5,502.23 Massachusetts Department of Revenue PO Box 9564 1757 TSB Nuclear Energy Services Boston, MA 02114-9564 $980.93 $273.60 $1,254.53 (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) Claims on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 2
Fourth Omnibus Objection Pg 4 of 5 Westinghouse Company, LLC et al. Case No. 17-10751 (MEW), Jointly Administered CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of Claimant Claim # Debtor Claim Amount and Priority (1) Grounds For Objection Objection Page Reference McDonough Rentals, 8400 Villa Drive Houston, TX 77061 653 Stone & $59,251.10 $59,251.10 Medtrust, DBA Westside Medical Center P.O. Box 211704 Augusta, GA 30917 548 Stone & $33,828.00 $33,828.00 St. Charles Parish School Board Sales and Use Tax Department 13855 River Rd 3204 Westinghouse Luling, LA 70070 $54,019.06 $54,019.06 State of New Jersey Division of Taxation Bankruptcy Section PO Box 245 3155 Westinghouse Trenton, NJ 08695 $26,000.00 $4,000.00 $30,000.00 Texas Comptroller of Public Accounts Bankruptcy and Collections Division MC008 PO Box 12548 Austin, TX 78711-2548 751 PCI Energy Services LLC $2,076.11 $150.00 $2,226.11 Walz & Krenzer, 91 Willenbrock Road Unit B4 371 WECTEC Global Project Services Oxford, CT 06478 $600.00 $600.00 (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) Claims on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 3
Fourth Omnibus Objection Pg 5 of 5 Westinghouse Company, LLC et al. Case No. 17-10751 (MEW), Jointly Administered CLAIMS TO BE DISALLOWED AND EXPUNGED Name and Address of Claimant Claim # Debtor Claim Amount and Priority (1) Grounds For Objection Objection Page Reference Whitaker Laboratory Inc PO BOX 7078 SAVANNAH, GA 31418 867 Stone & $2,454.00 $2,454.00 Wisconsin Department of Revenue Special Procedures Unit - PO Box 8901 Madison, WI 53708-8901 1499 PCI Energy Services LLC $1,344.20 $270.00 $1,614.20 Claims to be Disallowed and Expunged Totals 20 (1) In the "Claim Amount and Priority" column, = secured claim, = administrative expense claim, = priority claim, = unsecured claim and = total claim. The amounts listed are taken directly from the proofs of claim, and thus replicate any mathematical errors on the proofs of claim. Where the claim amount is zero, unliquidated, unidentified, or otherwise cannot be determined, the amount listed is "0.00". (2) Claims on the exhibit are sorted in alphabetical order based on the creditor name as listed on proof of claim form. Page 4