mew Doc 796 Filed 06/28/17 Entered 06/28/17 15:58:50 Main Document Pg 1 of 9

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1 Pg 1 of 9 Susan F. Balaschak AKERMAN LLP 666 Fifth Avenue, 20th Floor New York, NY Tel.: (212) Fax: (212) Katherine C. Fackler (Admitted pro hac vice) AKERMAN LLP 50 North Laura Street, Suite 3100 Jacksonville, FL Tel.: (904) Fax: (904) Attorneys for Consolidated Electrical Distributors, Inc. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK X In re Chapter 11 WESTINGHOUSE ELECTRIC COMPANY LLC, et al., Debtors X Case No (MEW) (Jointly Administered) NOTICE OF CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC.'S PERFECTION OF MECHANICS LIEN PURSUANT TO 11 U.S.C. 546(b)(2) UNDER SOUTH CAROLINA LAW Consolidated Electrical Distributors, Inc. ("CED"), by and through undersigned counsel, hereby provides notice of its mechanics lien under 11 U.S.C. 546(b)(2), and respectfully states as follows: 1. CED is a Delaware corporation doing business in South Carolina. 1 The Debtors in these chapter 11 cases, 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), Toshiba Nuclear Energy Holdings (UK) Limited (N/A), 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). The Debtors' principal offices are located at 1000 Westinghouse Drive, Cranberry Township, Pennsylvania

2 Pg 2 of 9 2. Prior to March 29, 2017 (the "Petition Date"), CED provided services to the above-captioned debtors (the "Debtors") for a nuclear power plant construction project identified as the Virgil C. Summer Nuclear Station near Columbia, South Carolina (the "Summer Project"), located on certain real property in Fairfield County, South Carolina. 3. The total value of the labor and materials CED furnished to the Summer Project is $149, (the "CED Lien Amount"), exclusive of accruing interest and other charges. 4. CED has not received any payment on account of the CED Lien Amount. 5. South Carolina's mechanics lien statute provides in relevant part: (a) A person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate shall have a lien upon the building or structure and upon the interest of the owner of the building or structure in the lot of land upon which it is situated to secure the payment of the debt due to him. See S.C. Code Ann A mechanics lien in South Carolina arises "inchoate" when labor is performed or material furnished. See e.g., Preferred Savings and Loan Assoc., Inc., 301 S.E. 2d 843, 854 (S.C. Sup. Ct. 1990). 7. A lien under South Carolina law is perfected if the lien claimant, within 90 days after ceasing to labor on or finish labor or materials for, such building or structure, files in the office of the register of deeds or clerk of court of the county in which the building or structure is situated a statement of just and true account of the amount due, with all just creditors given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known and services it upon the owner. See S.C. Code Ann

3 Pg 3 of 9 8. On June 9, 2017, CED filed a notice of the CED Lien Amount, totaling $149,601.71, against the real property on which the Summer Project is located in South Carolina (the "South Carolina Real Property") in accordance with South Carolina law. A true and correct copy of the CED Notice of Amended Mechanics Lien is attached hereto as Exhibit A. 9. Accordingly, pursuant to 11 U.S.C. 546(b)(2), CED hereby provides notice to the Debtors, the Debtors' counsel, the Office of the United States Trustee, the Debtors' secured lenders, the owner of the Summer Real Property, and all other interested parties, of CED's rights as a perfected lienholder in all of the Summer Real Property pursuant to South Carolina law. 10. CED is filing this Notice to preserve, perfect, maintain, and continue its rights in all of the Summer Real Property under South Carolina law in order to comply with the requirements of South Carolina law and 11 U.S.C. 546(b)(2). 11. The filing of this Notice shall not be deemed a waiver of CED's rights to (i) seek relief from the automatic stay to foreclose its liens, or (ii) assert any other rights and/or defenses. 12. Further, the filing of this Notice shall not be construed as an admission that such filing is required under title 11 of the United States Code, South Carolina law, or any other applicable law. Additionally, CED makes no admission of fact or law, and asserts that its lien is senior to and effective against any entities that may have acquired rights to the Summer Real Property previously. [SIGNATURE PAGE TO FOLLOW] 3

4 Pg 4 of 9 Dated: New York, New York June 28, 2017 AKERMAN LLP Dated: Jacksonville, Florida June 28, 2017 AKERMAN LLP By:/s/ Susan F. Balaschak Susan F. Balaschak 666 Fifth Avenue, 20 th Floor New York, NY Tel.: (212) Fax: (212) susan.balaschak@akerman.com Attorneys for Consolidated Electrical Distributors, Inc. By: /s/ Katherine C. Fackler Katherine C. Fackler (Admitted pro hac vice) 50 North Laura Street, Suite 3100 Jacksonville, FL Tel.: (904) Fax: (904) katherine.fackler@akerman.com Attorneys for Consolidated Electrical Distributors, Inc. 4

5 Pg 5 of 9 EXHIBIT A NOTICE OF AMENDED MECHANICS LIEN

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