mew Doc 2442 Filed 02/07/18 Entered 02/07/18 15:55:25 Main Document Pg 1 of 12

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1 Pg 1 of 12 Hayashi & Partners Kotakudo Ginza Bldg. 8th Floor Ginza, Chuo-ku, Tokyo , Japan Tel: +81 (0) Fax: +81 (0) Special 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 Chapter 11 Case No (MEW) (Jointly Administered) THIRD MONTHLY FEE STATEMENT OF HAYASHI PARTNERS FOR COMPENSATION FOR SERVICES RENDERED AND REIMBURSEMENT OF EXPENSES INCURRED AS SPECIAL COUNSEL TO THE STATUTORY COMMITTEE OF UNSECURED CLAIMHOLDERS DURING THE PERIOD FROM JANUARY 1, 2018 THROUGH JANUARY 31, 2018 Name of Applicant: Hayashi & Partners ( Hayashi ) Authorized to Provide Professional Services to: The Statutory Committee of Unsecured Claimholders Date of Retention: Order entered on October 20, 2017 [ECF No. 1595], retaining Hayashi effective as of September 5, 2017 Period for which compensation 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 12 and reimbursement is sought: Amount of compensation requested: Amount of expense reimbursement requested: Jan. 1, 2018 Jan. 31, 2018 (the Fee Period ) 2,520,720JPY (Approx. $23,000 USD) (i.e., 80% of 3,150,900JPY) 0.00JPY ($0.00 USD) This is a Monthly Fee Statement. [Remainder of Page Intentionally Left Blank] 2

3 Pg 3 of 12 Hayashi & Partners ( Hayashi ), special counsel to the Statutory Committee of Unsecured Claimholders (the Committee ) of Westinghouse Electric Company LLC and certain of its affiliated debtors and debtors in possession in these chapter 11 cases (collectively, the Debtors ), hereby submits this monthly fee statement (the Fee Statement ), pursuant to this Court s Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals, dated May 24, 2017 (the Interim Compensation Order ) [ECF No. 544] and this Court s Order Authorizing the Retention and Employment of Hayashi & Partners as Special Counsel for the Statutory Unsecured Claimholders Committee Effective as of September 5, 2017, dated October 20, 2017, [ECF No. 1595] seeking compensation and reimbursement of expenses for the period of January 1, 2018 through January 31, 2018 (the Third Monthly Period ). By this Fee Statement, Hayashi seeks (i) payment of 2,520,720JPY (Approx. $23,000 USD) which is equal to eighty percent (80%) of the total amount of compensation sought for actual and necessary professional services rendered during the Third Monthly Period (i.e., 3,150,900JPY), and (ii) reimbursement of 0.00JPY ($0.00 USD) which is equal to one hundred percent (100%) of its actual and necessary expenses incurred in association with such services. At this time, Hayashi does not believe that the national Japanese 8% consumption tax on gross receipts on the sale of goods or services applies to the services it has provided to the Committee. Accordingly, application of such consumption tax is not reflected in this Fee Statement. However, Hayashi is currently consulting with its tax advisors, and, if it determines such consumption tax is applicable to this assignment, Hayashi reserves the right to seek collection of the consumption tax in future fee statements and fee applications, on notice to parties in accordance with the Interim Compensation Order. 3

4 Pg 4 of 12 Attached hereto as Exhibit A are time entry records for the Third Monthly Period that were recorded in six minute increments, maintained in the ordinary course of Hayashi s practice, and that set forth a description of services performed by each professional on behalf of the Committee. This Fee Statement also includes a billing summary by individual, setting forth the (i) name and title of each professional for whose work on these cases compensation is sought, (ii) aggregate time expended by each such individual, and (iii) hourly billing rate for each such individual at Hayashi s current billing rates. [Remainder of Page Intentionally Left Blank] 4

5 Pg 5 of 12 Name of Professional (Partners and Counsel) SUMMARY OF MONTHLY FEE STATEMENT OF HAYASHI PARTNERS AND COUNSEL FOR SERVICES RENDERED (DECEMBER 1, 2017 DECEMBER 31, 2017) Year Admitted 2 Hourly Rate Total Hours Total Fees (Prior to Holdback) Koji Hayashi , ,000 Mieko Hosaka , ,500 Total ,500JPY Name of Professional (Associates) Year Admitted Fumiaki Oshiro 2004 (admitted in CA in 2010) Hourly Rate Total Hours Total Fees (Prior to Holdback) 55, ,749,000 Miyuki Ebisawa , ,400 Total ,349,400JPY Professionals Blended Rate Total Hours Total Service Fees Attorneys 53, ,150,900JPY Total ,150,900JPY 2 The Year Admitted is the year the individual was registered as a bengoshi (attorney at law in Japan), unless stated otherwise. 5

6 Pg 6 of 12 NOTICE No trustee or examiner has been appointed in the Debtors cases. Pursuant to the Interim Compensation Order, notice of this monthly statement has been served upon: (a) the Chambers of the Honorable Michael E. Wiles, United States Bankruptcy Court for the Southern District of New York, One Bowling Green, New York, New York 10004; (b) the Debtors c/o Westinghouse Electric Company LLC 1000 Westinghouse Drive, Cranberry Township, Pennsylvania (Attn: Michael Sweeney, Esq.); (c) the attorneys for the Debtors, Weil, Gotshal & Manges LLP, 767 Fifth Avenue, New York, NY (Attn: Gary T. Holtzer, Esq., Robert J. Lemons, Esq., and Garrett A. Fail, Esq.); (d) the attorneys to Debtor Toshiba Nuclear Energy Holdings (UK) Limited, Togut, Segal & Segal LLP, One Penn Plaza, Suite 3335, New York, NY (Attn: Albert Togut, Esq.); (e) the US Trustee, 201 Varick Street, Suite 1006, New York, NY (Attn: Paul Schwartzberg, Esq.); and (f) the attorneys for the DIP lenders, (i) Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, NY (Attn: Jeffrey D. Saferstein, Esq.) and (ii) Paul, Weiss, Rifkind, Wharton & Garrison LLP, 2001 K Street, NW, Washington, DC (Attn: Claudia R. Tobler, Esq.) Hayashi submits that, in light of the foregoing, no other or further notice need be provided. [Remainder of Page Intentionally Left Blank] 6

7 Pg 7 of 12 WHEREFORE, Hayashi and Partners respectfully requests payment and reimbursement in accordance with the procedures set forth in the Interim Compensation Order, i.e., payment of eighty percent (80%) of the compensation sought, in the amount of 2,520,720JPY (Approx. $23,000 USD), and reimbursement of one-hundred percent (100%) of expenses incurred, in the amount of 0.00JPY ($0.00 USD) in the total amount of 2,520,720JPY (Approx. $23,000 USD). Dated: February 7, 2017 New York, New York HAYASHI AND PARTNERS By: /s/ Koji Hayashi Hayashi & Partners Kotakudo Ginza Bldg. 8th Floor, Ginza, Chuo-ku, Tokyo , Japan Tel: +81 (0) Fax: +81 (0) Special Counsel to the Statutory Unsecured Claimholders Committee of Westinghouse Electric Company LLC, et al. 7

8 Pg 8 of 12 Exhibit A Time-Entry Records

9 Pg 9 of 12 Exhibit A Westinghouse Electric Company LLC, et al., Time Detail by Activity by Professional January 1, 2018 through January 31, 2018 Koji Hayashi Date Attorney Time Description 1/5 KH 1.60 Research about Japanese tax law, Document review 1/6 KH 3.20 Research about Japanese tax law, Document review 1/7 KH 2.30 Research about Japanese tax law, Document review 1.10 KH 1.20 Research about Japanese tax law, Document review Total KH

10 Pg 10 of 12 Mieko Hosaka Date Attorney Time Description 1/4 MH 1.50 Document review (QC) 1/8 MH 1.00 Document review (QC) Total MH

11 Pg 11 of 12 Fumiaki Oshiro Date Attorney Time Description 1/4 FO 3.50 Document review 1/5 FO 6.10 Research about Japanese tax law, Document review 1/6 FO 5.00 Research about Japanese tax law, Document review 1/7 FO 4.10 Research about Japanese tax law, Document review 1/9 FO 2.10 Document review 1/10 FO 5.90 Research about Japanese tax law, Document review 1/11 FO 2.30 Document review 1/12 FO 2.80 Document review Total FO

12 Pg 12 of 12 Miyuki Ebisawa Date Attorney Time Description 1/5 ME 3.00 Reading Toshiba's lawsuit memo 1/5 ME 0.50 Internal discussion about tax problems of Toshiba 1/7 ME 3.00 Reviewing Toshiba's documents 1/9 ME 0.30 Call to the Court Clerk 1/10 ME 4.00 Reviewing Toshiba's documents 1/11 ME 5.00 Reviewing Toshiba's documents Total ME