UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

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 Debtors. 1 Hon. Judge Alan M. Koschik NOTICE OF FILING OF SECOND SUPPLEMENTAL DECLARATION OF EVAN R. FLECK IN CONNECTION WITH THE RETENTION AND EMPLOYMENT OF MILBANK, TWEED, HADLEY & M C CLOY LLP AS COUNSEL TO THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS The undersigned hereby gives notice of filing of the attached Second Supplemental Declaration of Evan R. Fleck in Connection with the Retention and Employment of Milbank, Tweed, Hadley & M c Cloy LLP as Counsel to the Official Committee of Unsecured Creditors. October 19, 2018 /s/ Rocco I. Debitetto Rocco I. Debitetto ( Hahn Loeser & Parks LLP 200 Public Square, Suite 2800 Cleveland, Ohio Telephone: ( Facsimile: ( ridebitetto@hahnlaw.com 1 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 1557 FILED 10/19/18 ENTERED 10/19/18 17:42:50 Page 1 of 8

2 and Dennis F. Dunne, Esq. (admitted pro hac vice Evan R. Fleck, Esq. (admitted pro hac vice MILBANK, TWEED, HADLEY & M C CLOY LLP 28 Liberty Street New York, NY Telephone: ( Facsimile: ( DDunne@milbank.com EFleck@milbank.com Co-Counsel to the Official Committee of Unsecured Creditors of FirstEnergy Solutions Corp., et al amk Doc 1557 FILED 10/19/18 ENTERED 10/19/18 17:42:50 Page 2 of 8

3 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION In re: Chapter 11 FIRSTENERGY SOLUTIONS CORP., et al., Case No (Jointly Administered Debtors. 1 Hon. Judge Alan M. Koschik SECOND SUPPLEMENTAL DECLARATION OF EVAN R. FLECK IN CONNECTION WITH THE RETENTION AND EMPLOYMENT OF MILBANK, TWEED, HADLEY & M C 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 c 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 second supplemental declaration (this Second Supplemental Declaration, I have knowledge of the facts set forth herein and, if called as a witness, I would competently testify thereto. 2 1 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 1557 FILED 10/19/18 ENTERED 10/19/18 17:42:50 Page 3 of 8

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 & M c Cloy LLP as Counsel, Effective as of April 11, 2018 [Docket No. 574] (the Application. The conflict search run in connection with the Initial Declaration was based on the list of parties provided by the Debtors, which was attached thereto (the Initial Parties. 4. On July 31, 2018, I submitted my first supplemental declaration (the First Supplemental Declaration and together with the Initial Declaration, the Prior Declarations. The purpose of the First Supplemental Declaration was to supplement the parties searched, disclosures made, and other information contained in the Initial Declaration. See Docket No The conflict search run in connection with the First Supplemental Declaration was based on additional parties in interest that appeared in the Debtors chapter 11 cases or were disclosed by the Debtors professionals following the filing of the Initial Declaration (the First Supplemental Parties and together with the Initial Parties, the Prior Parties. 5. Following the filing of the First Supplemental Declaration, Milbank has continued to monitor its new client database to enable us to promptly disclose any information that is contrary or pertinent to the statements made therein. See Initial Declaration Based on such continued monitoring, Milbank has identified certain additional parties in interest that have appeared in the Debtors chapter 11 cases or have been disclosed by the Debtors professionals since the filing of the First Supplemental Declaration, a list of which is attached hereto as Exhibit A (the Second Supplemental Parties amk Doc 1557 FILED 10/19/18 ENTERED 10/19/18 17:42:50 Page 4 of 8

5 7. Exhibit B sets forth a list of connections that Milbank has or had with (i any of the Second Supplemental Parties and (ii the Prior Parties to the extent Milbank s relationship with same has changed since the date of the First Supplemental Declaration. 8. To the best of my knowledge, information, and belief, and except as set forth herein or in the Prior Declarations, Milbank s connection to each party listed on Exhibit B is unrelated to, and Milbank does not represent any entity having an adverse interest in connection with. 9. Milbank will continue to monitor its connections to the Debtors, their creditors and other parties in interest in. If any additional relationships are discovered or arise which were not otherwise disclosed herein or in the Prior Declarations, Milbank will promptly supplement its disclosure to the Court. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief. Executed on October 19, 2018 New York, NY /s/ Evan R. Fleck Evan R. Fleck amk Doc 1557 FILED 10/19/18 ENTERED 10/19/18 17:42:50 Page 5 of 8

6 EXHIBIT A Second Supplemental Parties in Interest List Canyon Capital Advisors LLC GoldenTree Asset Management LP VR Capital Group Ltd. Rupert, James E. Claim Transferees CRG Financial LLC HSBC Bank plc Tannor Partners Credit Fund, LP Louisiana Enrichment Services, LLC Rupert, James E. Sierra Club Argent Group Ltd. Day Pitney Esty & Associates J E Cichanowicz Incorporated Kolich & Associates LLC Loomis, Ewert, Parsley, Davis & Gotting, P.C. The Oxley Group, LLC Van Meter, Ashbrook & Associates Barry, Justin & Gretchen Brubacher, Cathy Carsia, Diane, Executor for the Estate of Warchol Clubbs, Patty Conrad, Brenda Conrad, Karl Cook, Heather Ferrari, Christine Funck, Clifford Gregory, Joseph Jackson, Willena Jeanie's House & Hari Julian, Philip & Peggy Kanniard, Denise Mainwaring, Steve Maust, David Meadville Forging Company L.P. Nartker, Sherrie O'Leary, Thomas Patterson, Marjorie Person, Donald & Betty Puckett, William Rexroad, Steve & Karen Santell, Gerald Schultz, James Scotchie, Thora Kimberly Stanley, Karen Stanton, Stuart Strojny, Cecile The New Power Company Tietze, Matthew Togo, Moses Tomcsik, Connie Wagner, Ralph Environmental Defense Fund Meyersdale Windpower, LLC Ohio Citizen Action Ohio Environmental Council The Environmental Law and Policy Center amk Doc 1557 FILED 10/19/18 ENTERED 10/19/18 17:42:50 Page 6 of 8

7 EXHIBIT B Supplemental Connections to Potential Parties in Interest Lists Party Name Relationship to the Debtors 1 Relationship to Milbank 2 Clyde Bergemann Power Accounts Payable Current client on matter Group Hitachi T&D Solutions Incorporated Mitsubishi Hitachi Power Systems Canyon Capital Advisors LLC GoldenTree Asset Management LP 1 2 Contract Counterparties Potential affiliate of current client on matter unrelated to the Debtors or Accounts Payable Potential affiliate of current client on matter unrelated to the Debtors or Party Listed on Filed 2019 Statement as of September 24, 2018 Party Listed on Filed 2019 Statement as of September 24, 2018 Current client on matter Current client on matter HSBC Bank plc Claim Transferees Current client on matter Sierra Club Litigation Parties Current client on matter Environmental Defense Fund Parties Objecting to Settlement Citadel Equity Fund Ltd. Party Listed on Filed 2019 Statement as of September 24, 2018 Citadel Advisors Bondholders/Indenture Trustees Current client on matter Affiliate of current client on matter unrelated to the Debtors or Affiliate of current client on matter unrelated to the 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. 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 1557 FILED 10/19/18 ENTERED 10/19/18 17:42:50 Page 7 of 8

8 Commercial Industrial Equipment Inc. Avenue Capital Group Avenue Capital Management II, L.P. Mettler-Toledo International Inc. Debtors or Contract Counterparties Potential affiliate of current client on matter unrelated to the Debtors or Bondholders/Indenture Affiliate of current client on Trustees matter unrelated to the Debtors or Bondholders/Indenture Affiliate of current client on Trustees matter unrelated to the Debtors or Accounts Payable Current client on matter amk Doc 1557 FILED 10/19/18 ENTERED 10/19/18 17:42:50 Page 8 of 8