amk Doc 1083 FILED 07/31/18 ENTERED 07/31/18 19:28:24 Page 1 of 2

Transcription

1 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION In re: Chapter 11 FIRSTENERGY SOLUTIONS CORP., et al. Case No (Jointly Administered 1 Debtors. Hon. Judge Alan M. Koschik NOTICE OF FILING SUPPLEMENTAL DECLARATION OF EVAN R. FLECK IN CONNECTION WITH THE RETENTION AND EMPLOYMENT OF MILBANK, TWEED, HADLEY & M^CLOY LLP AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS The undersigned hereby gives notice of filing of the attached Supplemental Declaration of Evan R. Fleck in Connection with the Retention and Employment of Milbank, Tweed, Hadley & NfCloy LLP as Counsel to the Official Committee of Unsecured Creditors. Is/ Rocco I. Debitetto Rocco I. Debitetto ( Hahn Loeser & Parks LLP 200 Public Square, Suite 2800 Cleveland, Ohio Telephone: ( Facsimile: ( ridebitetto@hahnlaw.com The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: FE Aircraft Leasing Corp. (9245, case no ; FirstEnergy Generation, LLC (0561, case no ; FirstEnergy Generation Mansfield Unit 1 Corp. (5914, case no ; FirstEnergy Nuclear Generation, LLC (6394, case no ; FirstEnergy Nuclear Operating Company (1483, case no ; FirstEnergy Solutions Corp. (0186, Norton Energy Storage L.L.C. (6928, case no The Debtors address is 341 White Pond Dr., Akron, OH amk Doc 1083 FILED 07/31/18 ENTERED 07/31/18 19:28:24 Page 1 of 2

2 and MILBANK, TWEED, HADLEY & M^CLOY LLP Dennis F. Dunne (admitted pro hac vice Evan R. Fleck (admitted pro hac vice 28 Liberty Street New York, New York Telephone: Facsimile: com ( ( Counsel to the Official Committee of Unsecured Creditors of FirstEnergy Solutions Corporation, et al amk Doc 1083 FILED 07/31/18 ENTERED 07/31/18 19:28:24 Page 2 of 2

3 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION In re: Chapter 11 FIRSTENERGY SOLUTIONS CORP., et al. Case No (Jointly Administered 1 Debtors. Hon. Judge Alan M. Koschik SUPPLEMENTAL DECLARATION OF EVAN R. FLECK IN CONNECTION WITH THE RETENTION AND EMPLOYMENT OF MILBANK, TWEED, HADLEY & M^CLOY LLP AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS I, EVAN R. FLECK, being duly sworn, state the following under penalty of perjury: 1. I am a partner in the Financial Restructuring Group at Milbank, Tweed, Hadley & M~Cloy LLP ( Milbank. counsel to the Official Committee of Unsecured Creditors (the Committee of the above-captioned debtors and debtors in possession (the Debtors. 2. Unless otherwise stated in this Supplemental Declaration, I have knowledge of the facts set forth herein and, if called as a witness, I would competently testify thereto.^ The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are: FE Aircraft Leasing Corp. (9245, case no ; FirstEnergy Generation, LLC (0561, case no ; FirstEnergy Generation Mansfield Unit 1 Corp. (5914, case no ; FirstEnergy Nuclear Generation, LLC (6394, case no ; FirstEnergy Nuclear Operating Company (1483, case no ; FirstEnergy Solutions Corp. (0186, Norton Energy Storage L.L.C. (6928, case no The Debtors address is 341 White Pond Dr., Akron, OH ^ Certain of the disclosures set forth herein relate to matters not within my personal knowledge, but rather within the personal knowledge of other attorneys and employees at Milbank, and are based on information derived from Milbank s internal records provided by them to me amk Doc FILED 07/31/18 ENTERED 07/31/18 19:28:24 Page 1 of 3

4 3. On May 21, 2018, I executed and filed my initial declaration (the Initial Declaration in support of the Application of the Official Committee of Unsecured Creditors for Entry of an Order Authorizing the Retention of Milbank, Tweed, Hadley & hfcloy LLP as Counsel, Effective as of April 11, 2018 [Docket No. 574] (the Application. The conflict search run in coimection with the Initial Declaration was based on the list of parties provided by the Debtors, which was attached thereto (the Initial Parties. 4. Following the filing of the Initial Declaration, Milbank has undertaken to continue to monitor its new client database and to promptly disclose any information that is contrary or pertinent to the statements made therein. See Initial Declaration f Based on such continued monitoring, Milbank has identified certain additional parties in interest that have appeared in the Debtors chapter 11 cases since the filing of the Initial Declaration, a list of which is attached hereto as Exhibit A (the Additional Parties. 6. Exhibit B sets forth a list of connections that Milbank has or had with (i any of the Additional Parties and (ii the Initial Parties to the extent Milbank s relationship with the same has changed since the date of the Initial Declaration. 7. To the best of my knowledge, information, and belief, except as set forth herein or in the Initial Declaration, Milbank s connection to each party listed on Exhibit B is unrelated to these chapter 11 cases, and Milbank does not represent any entity having an adverse interest in connection with these chapter 11 cases. 8. Milbank will continue to monitor its connections to the Debtors, their creditors and other parties in interest in these cases. If any additional relationships are discovered or arise which were not otherwise disclosed herein or in the Initial Declaration, Milbank will promptly supplement its disclosure to the Court amk Doc FILED 07/31/18 ENTERED 07/31/18 19:28:24 Page 2 of 3

5 Pursuant to 28 U.S.C. 1746,1 declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed on July 31, 2018 New York, NY /s/ Evan R. Fleck Evan R. Fleck amk Doc FILED 07/31/18 ENTERED 07/31/18 19:28:24 Page 3 of 3

6 EXHIBIT A Supplemental Parties in Interest List Akron Barberton Cluster Railway Company Anthony Bailes, Inc. ASHTA Chemicals Inc. Beaver Valley Airport Authority Central Montana Rail, Inc. Citadel Equity Fund Ltd. Edwards, Joseph (Executor of Estate Elliott, Lola Ellwood Group, Inc. EnergySolutions, LLC ERM-West, Inc. FIAM, LLC Fidelity Institutional Asset Management Trust Co. Foresite Energy FTI Consulting, Inc. GATX Financial Corporation Hahn Loeser & Parks LLP Huxtable Consulting, LLC Johnson, Brianna Kiski Junction Railroad Marcus Thomas LLC MD Solar Meincke, Mark Murray American Energy, Inc. Norfolk Southern Railway Company PJM Interconnection, L.L.C. PJT Partners, Inc. Schwebel Baking Company Shirley, Mildred (Executrix of the Estate South Side Area School District Swagelok Company Transkentucky Transportation Railroad, Inc. Viper Rail Car Storage amk Doc FILED 07/31/18 ENTERED 07/31/18 19:28:24 Page 1 of 1

7 EXHIBIT B Supplemental Connections to Potential Parties in Interest List Party Name Fidelity Institutional Asset Management Trust Co. Ares, Inc. Ares Energy Investors Fund V, L.P. HSBC Holdings PLC Kramer, Levin, Naftalis & Frankel LLP DaimlerChrysler AG The Vanguard Group, Inc. MetLife Capital, Limited Partnership Relationship to the Debtors I Relationship to Milbank^ Party Listed on Filed 2019 Affiliate of current client on Statement or these chapter 11 cases Contract Counterparty Potential affiliate of current client on matter unrelated to the Debtors or these chapter 11 Significant Competitor Sale Leaseback Party Other Bankruptcy Professional Sale Leaseback Party Known 5% Equity Holders and Certain Other Equity Holders of First Energy Corp. Sale Leaseback Party cases Affiliate of current client on or these chapter 11 cases Current client on matter unrelated to the Debtors or these chapter 11 cases Current client on matter unrelated to the Debtors or these chapter 11 cases Affiliate of current client on or these chapter 11 cases Current client on matter unrelated to the Debtors or these chapter 11 cases Affiliate of current client on or these chapter 11 cases 1 2 The relationship to the Debtors is derived from the Debtors public filings with this Court. A current client is an entity for which there are, as of the date hereof, active matters on which Milbank is engaged; a former client is an entity for which there were no active matters as of the date hereof, but there may in the future be active matters. Use of the word potential before such designations signifies entities for which Milbank was unable to determine whether the similarities of names was a coincidence or whether the party in interest is related to a client in Milbank s databases. Milbank does not represent any potential clients in matters related to the Chapter 11 cases. Please note that the identification of a party in interest on Exhibit B is not an admission of a conflict, disabling or otherwise amk Doc FILED 07/31/18 ENTERED 07/31/18 19:28:24 Page 1 of 1