Professional Documents
Culture Documents
Creditors Committee
George J. Skelly Sheldon K. Smith Scott M. Turner Morgan C. Nighan
Partner Partner Partner, Practice Group Leader, Associate
Litigation Litigation Energy & Environment Litigation
gskelly@nixonpeabody.com sksmith@nixonpeabody.com sturner@nixonpeabody.com mnighan@nixonpeabody.com
Nixonpeabody.com | @nixonpeabodyllp
April 7, 2017
WESTINGHOUSE
CREDITORS COMMITTEE Evaluate and monitor ability to pay on guaranty and other claims
Evaluate and possibly contest claims made against Debtors estates
Impact of Japanese politics
Review transfer of technology
Bankruptcy processes can be used to expedite claim payments on
guarantees
Vogtle Reactors Georgia
VC Summer Reactors South Carolina
Hire consultant with deep nuclear experience
What WEC assets will alternative contractors need? Creditors'
Do they want to purchase WEC assets?
Committee D&O liability
Feb 2006 Toshiba purchases Work cooperatively with owners to mitigate claims Fraudulent conveyance, distributions of
87% stake in WEC and maximize guaranty recovery cash, and upstream IP
Why was filing delayed?
Assess profitability
Oct 2015 Latest date it became Better options may be available
Evaluate reorganization or sale
clear to WEC it bears Prevent non-debtors from accessing funds
Hire investment bank
excess construction Establish and monitor budget
Do we trust the existing board and management?
costs
Monitor motives and decision making
Dec 31, WEC acquires CB&I
2015 Stone & Webster
Mar 29, Petition date Hire nuclear consultant Meet with Debtors Identify disputes
2017 Project evaluation Plan confirmed Plan confirmed
Evaluate DIP objections Obtain data from Debtors Evaluate mediation and
Sales process Distributions Distributions
Evaluate interim Serve discovery arbitration Disputes resolved
Investigation Disputes resolved
assessment agreements Creative use of bankruptcy
litigation procedures