17-10751-mew Doc 3804 Filed 08/30/18 Entered 08/30/18 15:11:04 Main Document Pg 1 of 2 ROBINSON & COLE LLP Hearing Date: To be determined 280 Trumbull Street Response Due: To be determined Hartford, Connecticut 06103 Telephone: (860) 275-8290 Facsimile: (860) 275-8299 Patrick M. Birney Michael R. Enright Attorneys for ABB, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Chapter 11 Westinghouse Electric Company LLC, et al., Debtors Case No. 17-10751 (MEW) Jointly Administered NOTICE OF ABB, INC. S MOTION FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. SECTION 503(b)(1)(A) PLEASE TAKE NOTICE that, on August 30, 2018, ABB, Inc. ( ABB ) filed its Motion for Allowance of Administrative Expense Claim Pursuant to 11 U.S.C. Section 503(b)(1)(A) (the Motion, a copy of which is attached hereto). A hearing (the Hearing ) on the Motion will be held on a date and time to be determined before the Honorable Michael E. Wiles of the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court ), in Room 617, One Bowling Green, New York, New York 10004. PLEASE TAKE FURTHER NOTICE that any responses or objections (each, an Objection ) to the Motion and the relief requested therein shall be in writing, shall conform to the Federal Rules of Bankruptcy Procedure, the Local Bankruptcy Rules for the Southern District of New York, and the Order Pursuant to 11 U.S.C. Section 105(a) and Fed. R. Bankr. P. 1015(c), 18374323-v1
17-10751-mew Doc 3804 Filed 08/30/18 Entered 08/30/18 15:11:04 Main Document Pg 2 of 2 2002(m), and 9001 Implementing Certain Notice and Case Management Procedures [Docket No. 101] (the Case Management Order ), shall set forth the basis for the Objection and the specific grounds therefore, and shall be filed with the Bankruptcy Court electronically in accordance with General Order M-399 by registered users of the Bankruptcy Court s case filing system, with a hard copy delivered directly to chambers pursuant to Local Bankruptcy Rule 9070-1. PLEASE TAKE FURTHER NOTICE that, if no Objections are timely filed and served with respect to the Motion, the relief requested in the Motion may be granted without a hearing. Hartford, Connecticut Dated: August 30, 2018 /s/ Michael R. Enright Patrick M. Birney Michael R. Enright Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 T (860) 275-8275 F (860) 275-8299 pbirney@rc.com menright@rc.com Counsel to ABB, Inc. 2
17-10751-mew Doc 3804-1 Filed 08/30/18 Entered 08/30/18 15:11:04 Motion Pg 1 of 5 ROBINSON & COLE LLP Hearing Date: To be determined 280 Trumbull Street Response Due: To be determined Hartford, Connecticut 06103 Telephone: (860) 275-8290 Facsimile: (860) 275-8299 Patrick M. Birney Michael R. Enright Attorneys for ABB, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Chapter 11 Westinghouse Electric Company LLC, et al., Debtors Case No. 17-10751 (MEW) Jointly Administered MOTION OF ABB, INC. FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. SECTION 503(b)(1)(A) TO THE HONORABLE MICHAEL E. WILES, UNITED STATES BANKRUPTCY JUDGE ABB, Inc. ( ABB ) hereby moves, pursuant to 11 U.S.C. Section 503(b)(1)(A) for the allowance and payment of an administrative expense claim in the amount of $80,892.00 for expenses incurred during the Chapter 11 case by ABB for oil storage tank rental charges which directly benefited the estate in accordance with ABB s contract with WECTEC Global Project Services, Inc. ( WECTEC ), at the Vogtle, Georgia job site, and in support thereof, respectfully states as follows:
17-10751-mew Doc 3804-1 Filed 08/30/18 Entered 08/30/18 15:11:04 Motion Pg 2 of 5 Relief Requested 1. ABB seeks entry of an order, substantially in the form attached hereto as Exhibit A (the Order ), allowing ABB an administrative expense claim and directing payment of that claim. Jurisdiction and Venue 2. The Court has jurisdiction over this matter pursuant to 28 U.S.C. Sections 157 and 1334. ABB consents to the entry of a final order by the Court in connection with this Motion. 3. Venue is proper under 28 U.S.C. Section 1408 and 1409. 4. The bases for relief requested herein are sections 503 and 507 of the Bankruptcy Code. Background 5. On March 29, 2017 (the Petition Date ), the Debtors commenced voluntary cases under Chapter 11 of the United States Bankruptcy Code (the Code ). 6. As of the Petition Date, ABB was performing transformer work at the Vogtle project, pursuant to a contract with WECTEC. In connection with the transformer work, ABB was contractually obligated to provide two 12,500 gallon oil storage tanks to the site, at WECTEC s expense, for the storage of transformer oil. A copy of the relevant contract documentation is attached hereto as Exhibit A. WECTEC agreed to reimburse ABB for the oil storage tank rental charges pursuant to the contract terms. 7. WECTEC did not pay ABB for the oil storage tank rental charges. During the course of the Chapter 11 case, the storage tanks stored 25,000 gallons of WECTEC s transformer oil, and still do. For the postpetition period, ABB incurred tank rental charges in the amount of $80,892.00, as evidenced by the invoices attached hereto as Exhibit B. 2
17-10751-mew Doc 3804-1 Filed 08/30/18 Entered 08/30/18 15:11:04 Motion Pg 3 of 5 8. The rental charges were at market rate, were fair and reasonable charges, and represent the value of the benefit to the estate of the ongoing provision of the tanks to WECTEC and the preservation and storage of its oil. Basis for Relief 9. Section 503(b)(1)(A) of the Bankruptcy Code provides, in relevant part, [a]fter notice and a hearing, there shall be allowed administrative expenses including the actual, necessary costs and expenses of preserving the estate. Section 507(a)(2) of the Bankruptcy Code establishes the priority of such claims. 10. The provision of the oil storage tanks to WECTEC for purposes of the transformer work on the Vogtle project was in furtherance of WECTEC s ongoing business and permitted the ongoing storage of oil that required such storage, at a reasonable and agreed upon cost. 11. ABB actually incurred and paid the expense for the tank rentals, permitting the ongoing storage of the oil for the benefit of the estate. 12. All of the transactions were arm s-length, market transactions. 13. The charges incurred and paid by ABB for the oil storage tank rentals should be paid as administrative expense claims without further delay, such delay having already caused significant prejudice to ABB. Notice 14. Notice of this Motion will be provided upon its filing to all parties by operation of the Court s electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court s CM/ECF System. Such notice is sufficient and proper notice of the relief requested herein. 3
17-10751-mew Doc 3804-1 Filed 08/30/18 Entered 08/30/18 15:11:04 Motion Pg 4 of 5 other court. No Prior Request 15. No prior request for the relief sought in this Motion has been made to this or any WHEREFOR, ABB, Inc. respectfully requests that the Court enter the Order granting the relief requested herein and such other relief as the Court deems appropriate under the circumstances. Hartford, Connecticut Dated: August 30, 2018 /s/ Michael R. Enright Patrick M. Birney Michael R. Enright Robinson & Cole LLP 280 Trumbull Street Hartford, CT 06103-3597 T (860) 275-8275 F (860) 275-8299 pbirney@rc.com menright@rc.com Counsel to ABB, Inc. 4
17-10751-mew Doc 3804-1 Filed 08/30/18 Entered 08/30/18 15:11:04 Motion Pg 5 of 5 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 30th day of August, 2018, a true and correct copy of the foregoing Motion was served via the Court s electronic case filing system (CM/ECF) to all parties registered to receive such notice in the above-captioned case. /s/ Michael R. Enright Michael R. Enright 5
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17-10751-mew Doc 3804-4 Filed 08/30/18 Entered 08/30/18 15:11:04 Proposed Order Pg 1 of 1 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re Chapter 11 Westinghouse Electric Company LLC, et al., Debtors Case No. 17-10751 (MEW) Jointly Administered ORDER GRANTING MOTION OF ABB, INC. FOR ALLOWANCE OF ADMINISTRATIVE EXPENSE CLAIM PURSUANT TO 11 U.S.C. SECTION 503(b)(1)(A) Upon consideration of the Motion of ABB, Inc. for Allowance of Administrative Expense Claim Pursuant to 11 U.S.C. Section 503(b)(1)(A) (the Motion ), together with any response thereto, and after due deliberation, and the Court finding good cause for the relief requested therby, it is hereby ORDERED that the Motion is granted; and it is further ORDERED that ABB, Inc. ( ABB ) is hereby allowed an administrative expense claim in the amount of $80,892.00; and it is further ORDERED that the Debtors shall pay ABB $80,892.00 as soon as reasonably pracitable following entry of this Order; and it is further ORDERED that the Court retains exclusive jurisdiction with respect to all matters arising from or related to the implementation, interpretation and enforcement of this Order. New York, New York Dated:, 2018 United States Bankruptcy Judge 18374283-v1