17-10751-mew Doc 1067 Filed 08/01/17 Entered 08/01/17 10:34:33 Main Document Pg 1 of 3 Presentment Date and Time: August 7, 2017 at 10:00 a.m. (ET) Objection Deadline: August 4, 2017 at 2:00 p.m. (ET) Hearing Date and Time (Only if Objection Filed): on a Date to be Determined. Martin J. Bienenstock Timothy Q. Karcher Vincent Indelicato PROSKAUER ROSE LLP Eleven Times Square New York, NY 10036 Tel: (212) 969-3000 Fax: (212) 969-2900 Counsel to the Statutory Unsecured Claimholders Committee of Westinghouse Electric Company LLC, et al. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Westinghouse Electric Company LLC, et al., Debtors. 1 Statutory Unsecured Claimholders Committee, Movant, v. Toshiba Corporation, Toshiba Nuclear Energy Holdings (UK) Limited and Westinghouse Electric Company LLC, et al., Respondents. Chapter 11 Case No. 17-10751 (MEW) (Jointly Administered) 1 The Debtors represented in these chapter 11 cases by Weil Gotshal & Manges, 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), 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) (hereafter, collectively, the Westinghouse Debtors ).
17-10751-mew Doc 1067 Filed 08/01/17 Entered 08/01/17 10:34:33 Main Document Pg 2 of 3 NOTICE OF PRESENTMENT OF ORDER ON CONSENT PURSUANT TO BANKRUPTCY RULE 2004 AUTHORIZING STATUTORY UNSECURED CLAIMHOLDERS COMMITTEE TO TAKE DISCOVERY OF DEBTORS AND TOSHIBA PLEASE TAKE NOTICE that on August 7, 2017 at 10:00 a.m. (Eastern Time), the statutory unsecured claimholders committee (the UCC ) of Westinghouse Electric Company LLC and each of its affiliated debtors and debtors in possession will present an Order on Consent Pursuant to Bankruptcy Rule 2004 Authorizing Statutory Unsecured Claimholders Committee to Take Discovery of Debtors and Toshiba, the form of which is annexed as Exhibit A (the Order ), to the Honorable Michael E. Wiles, in the United States Bankruptcy Court for the Southern District of New York, located at One Bowling Green, New York, New York, 10004 (the Bankruptcy Court ). The Westinghouse Debtors, Debtor Toshiba Nuclear Energy Holdings (UK) Limited and Toshiba Corporation have each consented to the entry of the attached Order and are being served with this Notice of Presentment. PLEASE TAKE FURTHER NOTICE that any responses or objections (the Objections ) to the Order must be in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules for the Southern District of New York (the Local Rules ), and shall be filed with the Bankruptcy Court (a) by attorneys practicing in the Bankruptcy Court, including attorneys admitted pro hac vice, electronically in accordance with General Order M-399 (which can be found at www.nysb.uscourts.gov), and (b) by all other parties in interest, on a CD-ROM, in text-searchable portable document format (PDF) (with a hard copy delivered directly to Chambers), in accordance with the customary practices of the Bankruptcy Court and General Order M-399, to the extent applicable, and served in accordance with General Order M-399 and the Order Pursuant to 11 U.S.C. 105(a) and Fed. R. Bankr. P. 1015(c), 2002(m), and 9007 Implementing Certain Notice and Case Management Procedures [ECF No. 101] so as to be received no later than August 4, 2017 at 2:00 p.m. (Eastern Time) (the Objection Deadline ) 2
17-10751-mew Doc 1067 Filed 08/01/17 Entered 08/01/17 10:34:33 Main Document Pg 3 of 3 PLEASE TAKE FURTHER NOTICE that if no Objections are timely filed and served with respect to the Order, the UCC may, on or after the Objection Deadline, submit to the Bankruptcy Court an order substantially in the form of the proposed Exhibit A, which order may be entered with no further notice or opportunity to be heard. If an objection is timely filed, pursuant to Local Rule 9074-1(b)(3), the Court will notify the moving and objecting parties of the date and time of any hearing. Dated: August 1, 2017 New York, New York Respectfully submitted, /s/ Martin J. Bienenstock Martin J. Bienenstock Timothy Q. Karcher Vincent Indelicato PROSKAUER ROSE LLP Eleven Times Square New York, NY 10036 Tel: (212) 969-3000 Fax: (212) 969-2900 Counsel to the Statutory Unsecured Claimholders Committee of Westinghouse Electric Company LLC, et al. 3
Proposed Order Pg 1 of 5 Exhibit A Proposed Order
Proposed Order Pg 2 of 5 Martin J. Bienenstock Timothy Q. Karcher Vincent Indelicato PROSKAUER ROSE LLP Eleven Times Square New York, NY 10036 Tel: (212) 969-3000 Fax: (212) 969-2900 Counsel to the Statutory Unsecured Claimholders Committee of Westinghouse Electric Company LLC, et al. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Westinghouse Electric Company LLC, et al., Debtors. 1 Statutory Unsecured Claimholders Committee, Movant, v. Toshiba Corporation, Toshiba Nuclear Energy Holdings (UK) Limited and Westinghouse Electric Company LLC, et al., Respondents. Chapter 11 Case No. 17-10751 (MEW) (Jointly Administered) ORDER ON CONSENT PURSUANT TO BANKRUPTCY RULE 2004 AUTHORIZING STATUTORY UNSECURED CLAIMHOLDERS COMMITTEE TO TAKE DISCOVERY OF DEBTORS AND TOSHIBA The statutory unsecured claimholders committee appointed in the above-captioned cases (the 1 The Debtors represented in these chapter 11 cases by Weil Gotshal & Manges, 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), 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) (hereafter, collectively, the Westinghouse Debtors ).
Proposed Order Pg 3 of 5 UCC ), the Westinghouse Debtors, Debtor Toshiba Nuclear Energy Holdings (UK) Limited ( TNEH UK ), and Toshiba Corporation ( Toshiba ) having agreed to this order pursuant to Rule 2004(a) of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ) authorizing the UCC to take document discovery and deposition testimony from the Westinghouse Debtors, TNEH UK and Toshiba and their respective affiliates, present and former directors, officers, employees and professionals (collectively, the Rule 2004 Parties ) 2 ; and this matter being a core proceeding pursuant to 28 U.S.C. 157(b)(2)(B); and good and sufficient notice of presentment of this order having been provided; and after due deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT: 1. The UCC is authorized pursuant to Bankruptcy Rule 2004 to issue deposition and document subpoenas to the Rule 2004 Parties for testimony and/or the production of documents, electronically stored information, or tangible things within the scope of Bankruptcy Rule 2004. 2. The Rule 2004 Parties shall respond to subpoenas issued pursuant to this Order on or before a date that is thirty (30) days from the service of such subpoenas, unless otherwise ordered by the Court, which responses shall include production of documents in respect of document demands for which no good faith objection is made. 3. Following a good faith effort to meet and confer, any motions to quash, modify, compel or for protective orders with respect to subpoenas issued pursuant to this Order may be filed in this Court as the court for the district where compliance is required. 4. With respect to any subpoena issued pursuant to this Order, the Rule 2004 Parties reserve all rights available to them under applicable law, including, without limitation, Bankruptcy Rule 9016; provided, however that the Westinghouse Debtors attorneys shall accept service of subpoenas for the Westinghouse Debtors, TNEH UK s counsel shall accept service of subpoenas for 2 The Rule 2004 Parties do not include Westinghouse Electric UK Holdings Ltd. and its subsidiaries (collectively, the WEC EMEA Entities ). Those entities, which are listed on the annexed Schedule 1, are the subject of a separate Bankruptcy Rule 2004 application.
Proposed Order Pg 4 of 5 TNEH UK and Toshiba s attorneys shall accept service of subpoenas for Toshiba, which acceptance shall not constitute TNEH UK s or Toshiba s agreement for any of its witnesses to appear for testimony in the United States if the witness primarily resides outside the United States. 5. Other than with respect to disputes that applicable law requires filings to be made in courts other than this Court, this Court shall retain jurisdiction with respect to all matters, claims, rights, or disputes arising from or related to the implementation of this Order. Dated:, 2017 New York, New York United States Bankruptcy Judge
Proposed Order Pg 5 of 5 Schedule 1 WEC EMEA Entities 1. SPRINGFIELDS FUELS LIMITED (W481) 2. SPRINGFIELDS SEGREGATED ASSETS LIMITED (W563) 3. URANIUM ASSET MANAGEMENT LIMITED (M480) 4. ADVANCE URANIUM ASSET MANAGEMENT LIMITED (M400) 5. PWR POWER PROJECTS LIMITED 6. WESTINGHOUSE ELECTRIC COMPANY UK LIMITED (W553) 7. WESTINGHOUSE ELECTRIC BELGIUM S.A. (W508) 8. WESTINGHOUSE ELECTRIC INDIA PRIVATE LIMITED (W562) 9. WESTINGHOUSE OPERATIONS BELGIUM (W567) 10. WESTINGHOUSE ELECTRIC CZECH REPUBLIC S.R.O. (W187) 11. WESTINGHOUSE ELECTRIC DO BRASIL SERVICOS E CONSULTORIA PARA CENTRAIS NUCLEARES LTDA (W570) 12. WESTINGHOUSE ELECTRIC GERMANY GMBH (W504) 13. KONTEC GESELLSCHAFT FŰR TECHNISCHE KOMMUNIKATION MBH (W512) 14. HTR GMBH 15. TSB (INVESTMENT EUROPE) LIMITED (W515) 16. WESTINGHOUSE ELECTRIQUE FRANCE SAS (W533) 17. ASTARE (W548) 18. WESTINGHOUSE BARRAS PROVENCE (W522) 19. WESTINGHOUSE SERVICE NUCLEAIRE (W523) 20. TNEE ELECTRIC SWEDEN HOLDINGS AB (W528) 21. WESTINGHOUSE ELECTRIC SWEDEN AB (W527) 22. WESDYNE SWEDEN AB (W530) 23. WESTINGHOUSE ELECTRIC (ASIA) SA (W190) 24. WESTINGHOUSE ELECTRIC CANADA, INC. (W564) 25. WESTINGHOUSE ELECTRIC SOUTH AFRICA (PTY) LTD. (W546) 26. MANGIAROTTI S.P.A. (M500) 27. WESTINGHOUSE ELECTRIC SPAIN, S.A.U. (W510) 28. WESTINGHOUSE TECHNOLOGY SERVICES S.A. (W509) 29. ENWESA OPERACIONES, S.A. 30. ENUSA ENWESA AIE 31. TECNATOM S.A. WESTINGHOUSE TECHNOLOGY SERVICES, S.A., ENUSA 32. WESTINGHOUSE ELECTRIC UKRAINE AB (W572) 33. WESTINGHOUSE ELECTRIC COMPANY (CHINA) CO., LTD. (W565) 34. PAR-TZ (CHINA/TAIYUAN) NUCLEAR COMPANY, LTD. (W566) 35. SNPTC-WEC NUCLEAR POWER TECHNICAL SERVICES (BEIJING) COMPANY, LTD. (W569) 36. STATE NUCLEAR WEC ZIRCONIUM HAFNIUM CO., LTD. (W555) 37. WESTINGHOUSE ELECTRIC JAPAN LIMITED (W552) 38. NUCLEAR FUEL INDUSTRIES, LTD. (W554) 39. TOHO ENGINEERING CO., LTD. 40. NUCLEAR ENGINEERING LTD.