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A Closer Look at the Longview Power Bankruptcy | Delaware Bankruptcy Litigation
by Duane 13 Sep '13

13 Sep '13

P.S. After some 30 days of continuous operation, the Longview Power Plant came to a screeching halt around 3:30 pm today, Friday the 13th of September in 2013. DGN P.S. In the current market place, given the price of coal which is high relative to the price of natural gas, many coal-fired power plants are losing money even when operating. DGN http://delawarebankruptcy.foxrothschild.com/2013/09/articles/bankruptcy-cas… A Closer Look at the Longview Power Bankruptcy By Jason Cornell on September 8, 2013 Posted in Bankruptcy Case Summaries Introduction On August 30, 2013, Longview Power, LLC, and various related entities (collectively, “Longview”), filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of Longview’s CEO (the “Declaration” or “Decl.”), Longview was formed in 2003 for the purpose of building and operating a 700 megawatt coal-fired power plant in Maidsville, West Virginia. Decl. at *2. Longview contends that when operating at full capacity, its power plant is one of the most efficient in the country, having some of the lowest air emissions in the United States. Id. Longview and its affiliates operate in two primary sectors: (i) electricty generation; and (ii) coal mining and processing. Decl. at *5. The company operates its power plant through Longview Power and its coal mining operations through Mepco Holdings, LLC. Although Longview was formed more recently to operate the power plant, Mepco was formed over 50 years ago and describes itself as “one of the largest independent coal companies in North Appalachia.” Decl. at *2. Approximately half of Mepco’s annual coal production is sold to Longview through an intercompany supply contract. Decl. at *2-3. From July 1, 2012 to June 30, 2012, Longview Power’s revenues totaled $106 million while Mepco’s revenue totaled $149 million. Id. Longview’s Financials In 2007, Longview entered into a credit agreement with Citicorp North America and Union Bank. Under the credit agreement, Longview received various term loans, revolving lines of credit and letters of credit. Decl. at *9-10. The loans have various maturity dates and a combined face value of $1.03 billion. Decl. at *10. Aside from the credit agreement, Longview is also a party to an interest rate swap agreement with J. Aron & Company and a party to price hedge agreements with BP Energy and EDF Trading North America. Decl. at *11. Events Leading to Bankruptcy Longview attributes its need for bankruptcy “in large part because [Longview Power] has been plagued by design, construction, and equipment defects and failures …” Decl. at *3. According to Longview, its construction defect claims have been an issue since the company took possession of the power plant in December 2011. Construction problems have resulted in the power facility operating at 68 percent capacity stemming from forced and planned outages. Decl. at *3. Three of the forced outages were due to boiler tube leaks in the four months leading up to Longview’s bankruptcy proceeding. Longview’s construction defect claims are currently in arbitration. However, aside from operational challenges, Longview is also facing over $550 million in debt obligations maturing in February of next year. Decl. at *4. The company believes that its operational losses will prevent it from satisfying their obligations under various credit agreements. Id. Objectives in Bankruptcy Approximately $557 million of Longview’s debt obligations mature in February 2014. The company realizes that it is “practically impossible” for Longview to either refinance its debt or service its current level of debt going forward. Decl. at *17. Longview, along with its lenders and other interested parties, has been participating in negotiations regarding a potential restructuring of the company’s balance sheet. Id. The ongoing arbitration concerning the construction defect claims, however, has created uncertainty regarding Longview’s future capital structure. Decl. at *18. Despite these uncertainties, Longview hopes to reach an agreement with its various creditors regarding a proposed plan of reorganization. Id. The Longview bankruptcy proceeding is before Judge Brendan L. Shannon in the United States Bankruptcy Court for the District of Delaware. Longview is represented by the law firms Kirkland and Ellis and Richards, Layton & Finger. ————————————————————– Jason Cornell is an equity partner with the law firm Fox Rothschild LLP. Jason is a creditors’ rights attorney who is admitted and practices before the United States Bankruptcy Court for the District of Delaware and the United States Bankruptcy Court for the Southern District of Florida. You can reach Jason at 302 427 5512 or jcornell(a)foxrothschild.com. Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Judge Says Longview Can Tap Lenders' Cash to Fund Case
by Duane 06 Sep '13

06 Sep '13

http://bankruptcynews.dowjones.com/article?an=%20DJFDBR0020130903e993pivl0&… Judge Says Longview Can Tap Lenders' Cash to Fund Case By Patrick Fitzgerald, WSJ, Dow-Jones, The Daily Docket, Bankruptcy News, September 3, 2013 A bankruptcy judge said Longview Power LLC, a private-equity-backed West Virginia power plant that filed for Chapter 11 protection Friday, can use its lenders' cash to fund its bankruptcy case and set up showdown between the company and a group of contractors over disputed letters of credit. Judge Brendan Linehan Shannon said he'd give Longview interim approval to use its lenders' cash to pay its employees and vendors over objections from a trio of contractors over the company's intention to draw on $59 million in disputed letters of credit at hearing Tuesday in U.S. Bankruptcy Court in Wilmington, Del. Much of the first-day hearing was given over to the contractors' concerns about whether the bankruptcy court has jurisdiction to rule on whether the letters of credit are property of Longview's estate and whether company can draw down on them. At issue are letters of credit provided by German engineering firm Foster Wheeler AG . Contractors Siemens Energy Inc., a unit of Siemens AG , and the North American arm of Norwegian construction firm Kvaerner ASA claim the letters of credit were assigned to them and that Longview is trying to circumvent the arbitration proceedings by finding a safe haven in bankruptcy court. Lawyers for Longview said the company would likely breach cash-balance covenants with its lenders if it is unable to draw on the letters of credit. Judge Shannon said he wanted to "provide Longview with enough cash to stay open but that preserves the status quo with respect to contractors' concerns over the letters of credit and the arbitration proceeding." To that end, the judge said he'd approve an order that barred Longview Power from drawing down on the letters of credit absent an order of the court. He scheduled a hearing on the letter of credit and arbitration dispute for Oct. 7. Longview, a $2 billion coal-powered plant located in Maidsville, W. Va., began operations in December 2011, providing power to the Pennsylvania, New Jersey and Maryland markets. But the plant has been plagued extended outages forcing it to operate at about two-thirds of capacity. Longview has blamed its problems arising from the plant's design and construction on the contractors. Longview has also been hurt by a drop in wholesale electricity prices caused by the growth in liquid natural gas, which has made it impossible for the company to service its $1.2 billion in debt. "This company needs both an operational and financial restructuring," said Longview's bankruptcy lawyer Paul Basta of Kirkland & Ellis. "The first step is to fix the plant. If the plant is fixed, it will make more money and more people will be paid." First Reserve, a $23 billion energy-focused private equity firm based in Greenwich, Conn., pumped about $1 billion in equity into the project. Longview Power owes lenders, led by Citigroup , about $1.2 billion, including $557 million of debt that matures in February 2014. Legal and financial advisers had been working on an out-of-court restructuring since November with a group of more than 50 lenders, according to Akin Gump Strauss Hauer & Feld 's Ira S. Dizengoff, a lawyer for the so-called steering committee. But Longview wasn't able to strike a deal before an interest payment was due last Friday, forcing the plant and its West Virginia coal-mining partner Mepco Holdings LLC to file for bankruptcy. The company says it's confident that it can reach a deal with its lenders on the terms of a Chapter 11 plan in the near future. Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Re: [MVCAC] Longview Power LLC
by James Kotcon 03 Sep '13

03 Sep '13

I noticed that neither GenPower, nor Laurita, the actual owners of Longview and MepCo, are listed as debtors. Could the be trying to insulate themselves from any responsibility for this mess? Duh! Jim Kotcon >>> Duane 09/01/13 6:17 PM >>> Longview Power LLC filed for Chapter 11 bankruptcy status on August 30, 2013 in the Federal Bankruptcy Court in Delaware: The 12 related companies declaring bankruptcy are: Mepco, LLC, Shannopin Materials, LLC, Dana Mining Company of Pennsylvania, LLC, Mepco Holdings, LLC, Mepco Intermediate Holdings A, LLC, Mepco Intermediate Holdings, LLC, Dana Mining Company, LLC, Mepco Conveyor, LLC, Longview Power, LLC, Alternate Energy, LLC, Border Energy, LLC, Coresco, LLC Parties Debtor Longview Power, LLC 966 Crafts Run Road Maidsville, WV 26541 MONONGALIA-WV Tax ID / EIN: xx-xxx1860 Represented By Daniel J. DeFranceschi Richards, Layton & Finger One Rodney Square, P.O. Box 551 Wilmington, DE 19899 usa 302 651-7700 Fax : 302-651-7701 Email: defranceschi(a)rlf.com Paul N. Heath Richards Layton & Finger One Rodney Square PO Box 551 Wilmington, DE 19899 302-651-7700 Fax : 302-651-7701 Email: heath(a)rlf.com Paul Noble Heath Richards, Layton & Finger One Rodney Square P. O. Box 551 Wilmington, DE 19899 302-651-7700 Fax : 302-651-7701 Email: heath(a)rlf.com Zachary I Shapiro Richards, Layton & Finger, P.A. 920 North King Street, P.O. Box 551 Wilmington, DE 19801 302-651-7700 Fax : 302-651-7701 Email: shapiro(a)rlf.com Zachary I. Shapiro Richards Layton & Finger, P.A. 920 North King Street Wilmington, DE 19801 302-651-7700 Fax : 302-651-7701 Email: shapiro(a)rlf.com Amanda R. Steele Richards, Layton and Finger 920 N. King Street Wilmington, DE 19801 302-651-7838 Fax : 302-428-7838 Email: steele(a)rlf.com Marisa A. Terranova Richards Layton & Finger, P.A. 920 N. King Street Wilmington, DE 19899 302-651-7811 Fax : 302-498-7811 Email: terranova(a)rlf.com U.S. Trustee United States Trustee 844 King Street, Room 2207 Lockbox #35 Wilmington, DE 19899-0035 302-573-6491 Docket Aug 30 #1 Chapter 11 Voluntary Petition . Fee Amount $1213. Filed by Longview Power, LLC. (DeFranceschi, Daniel) (Entered: 08/30/2013) Aug 30 #2 Receipt of filing fee for Voluntary Petition (Chapter 11)(13-12211) [misc,volp11a] (1213.00). Receipt Number 6734274, amount $1213.00. (U.S. Treasury) (Entered: 08/30/2013) Aug 30 #3 Motion for Joint Administration Debtors' Motion for Entry of an Order Directing Joint Administration of Chapter 11 Cases Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #4 Affidavit/Declaration in Support of First Day Motion (of Jeffrey L. Keffer) Filed By Longview Power, LLC (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #5 Motion to Authorize (Debtors' Motion for Entry of an Order Authorizing the Debtors to File a Consolidated List of Creditors in Lieu of Submitting a Separate Mailing Matrix for Each Debtor) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #6 Application to Employ/Retain Donlin, Recano & Company, Inc. as the Claims and Noticing Agent to the Debtors, Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. (Steele, Amanda) (Entered: 08/30/2013) Aug 30 #7 Motion to Maintain Bank Accounts (Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Continue to Operate Their Cash Management Systems, (B) Honor Certain Prepetition Obligations Related Thereto, (C) Continue Current Investment Practices, (D) Maintain Existing Business Forms, and (E) Continue to Perform Intercompany Transactions, (II) Waiving the Deposit and Investment Requirements of Section 345(b) of the Bankruptcy Code and (III) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #8 Motion to Pay Employee Wages Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing, But Not Directing, The Debtors to (A) Pay Prepetition Employee Wages, Salaries, Other Compensation, and Reimbursable Expenses, (B) Continue Ordinary Course Incentive Programs for Non-Insiders, and (C) Continue Employee Benefits Programs and (II) Granting Related Relief Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #9 Motion to Pay Critical Trade Vendor Claims (Debtors' Motion for Entry of Interim and Final Orders (A) Authorizing Debtors to Pay Certain Prepetition Claims of Critical Vendors and (B) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #10 Motion to Authorize Debtors' Motion for Entry of an Order (I) Authorizing Debtors to (A) Pay Prepetition Claims of Shippers and Miscellaneous Lien Claimants, (B) Pay Section 503(b)(9) Claims, and (C) Grant Administrative Expenses Priority to all Undisputed Obligations for Goods Ordered Prepetition and Delivered Postpetition and Satisfy Such Obligations in the Ordinary Course of Business and (II) Granting Related Relief Filed by Longview Power, LLC. (Heath, Paul) (Entered: 08/30/2013) Aug 30 #11 Motion to Pay Sales and Use Taxes (Debtors' Motion for Entry of an Order (A) Authorizing, but not Directing, the Payment of Certain Prepetition Taxes, Governmental Assessments, and Fees and (B) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #12 Motion Prohibiting Utilities from Discontinuing Service (Debtors' Motion for Entry of Interim and Final Orders (A) Determining Adequate Assurance of Payment of Future Utility Services, (B) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services, (C) Establishing Procedures for Determining Adequate Assurance of Payment, and (D) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #13 Motion to Authorize Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Continue Insurance Coverage Entered into Prepetition, (B) Honor Their Prepetition Insurance Premium Financing Agreements, and (C) Renew their Premium Financing Agreements in the Ordinary Course of Business, and (II) Granting Related Relief Filed by Longview Power, LLC. (Heath, Paul) (Entered: 08/30/2013) Aug 30 #14 Motion to Approve (Debtors' Motion to Approve Continuation of Surety Bond Program) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #15 Exhibit(s) (Agenda for First Day Hearing and Index of First Day Pleadings) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #16 Motion to Extend Deadline to File Schedules or Provide Required Information Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #17 Motion for Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #18 Application to Employ/Retain Donlin, Recano & Company, Inc. as the Administrative Advisor for the Debtors, Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #19 Motion to Reject Lease or Executory Contract Debtors' Motion for Entry of an Order Authorizing the Debtors to Reject Certain Executory Contracts Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. Objections due by 9/13/2013. (Attachments: # 1 Notice # 2 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) #20 List of Creditors . .. ...

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Longview Power LLC
by Duane 01 Sep '13

01 Sep '13

Longview Power LLC filed for Chapter 11 bankruptcy status on August 30, 2013 in the Federal Bankruptcy Court in Delaware: The 12 related companies declaring bankruptcy are: Mepco, LLC, Shannopin Materials, LLC, Dana Mining Company of Pennsylvania, LLC, Mepco Holdings, LLC, Mepco Intermediate Holdings A, LLC, Mepco Intermediate Holdings, LLC, Dana Mining Company, LLC, Mepco Conveyor, LLC, Longview Power, LLC, Alternate Energy, LLC, Border Energy, LLC, Coresco, LLC Parties Debtor Longview Power, LLC 966 Crafts Run Road Maidsville, WV 26541 MONONGALIA-WV Tax ID / EIN: xx-xxx1860 Represented By Daniel J. DeFranceschi Richards, Layton & Finger One Rodney Square, P.O. Box 551 Wilmington, DE 19899 usa 302 651-7700 Fax : 302-651-7701 Email: defranceschi(a)rlf.com Paul N. Heath Richards Layton & Finger One Rodney Square PO Box 551 Wilmington, DE 19899 302-651-7700 Fax : 302-651-7701 Email: heath(a)rlf.com Paul Noble Heath Richards, Layton & Finger One Rodney Square P. O. Box 551 Wilmington, DE 19899 302-651-7700 Fax : 302-651-7701 Email: heath(a)rlf.com Zachary I Shapiro Richards, Layton & Finger, P.A. 920 North King Street, P.O. Box 551 Wilmington, DE 19801 302-651-7700 Fax : 302-651-7701 Email: shapiro(a)rlf.com Zachary I. Shapiro Richards Layton & Finger, P.A. 920 North King Street Wilmington, DE 19801 302-651-7700 Fax : 302-651-7701 Email: shapiro(a)rlf.com Amanda R. Steele Richards, Layton and Finger 920 N. King Street Wilmington, DE 19801 302-651-7838 Fax : 302-428-7838 Email: steele(a)rlf.com Marisa A. Terranova Richards Layton & Finger, P.A. 920 N. King Street Wilmington, DE 19899 302-651-7811 Fax : 302-498-7811 Email: terranova(a)rlf.com U.S. Trustee United States Trustee 844 King Street, Room 2207 Lockbox #35 Wilmington, DE 19899-0035 302-573-6491 Docket Aug 30 #1 Chapter 11 Voluntary Petition . Fee Amount $1213. Filed by Longview Power, LLC. (DeFranceschi, Daniel) (Entered: 08/30/2013) Aug 30 #2 Receipt of filing fee for Voluntary Petition (Chapter 11)(13-12211) [misc,volp11a] (1213.00). Receipt Number 6734274, amount $1213.00. (U.S. Treasury) (Entered: 08/30/2013) Aug 30 #3 Motion for Joint Administration Debtors' Motion for Entry of an Order Directing Joint Administration of Chapter 11 Cases Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #4 Affidavit/Declaration in Support of First Day Motion (of Jeffrey L. Keffer) Filed By Longview Power, LLC (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #5 Motion to Authorize (Debtors' Motion for Entry of an Order Authorizing the Debtors to File a Consolidated List of Creditors in Lieu of Submitting a Separate Mailing Matrix for Each Debtor) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #6 Application to Employ/Retain Donlin, Recano & Company, Inc. as the Claims and Noticing Agent to the Debtors, Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. (Steele, Amanda) (Entered: 08/30/2013) Aug 30 #7 Motion to Maintain Bank Accounts (Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Continue to Operate Their Cash Management Systems, (B) Honor Certain Prepetition Obligations Related Thereto, (C) Continue Current Investment Practices, (D) Maintain Existing Business Forms, and (E) Continue to Perform Intercompany Transactions, (II) Waiving the Deposit and Investment Requirements of Section 345(b) of the Bankruptcy Code and (III) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #8 Motion to Pay Employee Wages Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing, But Not Directing, The Debtors to (A) Pay Prepetition Employee Wages, Salaries, Other Compensation, and Reimbursable Expenses, (B) Continue Ordinary Course Incentive Programs for Non-Insiders, and (C) Continue Employee Benefits Programs and (II) Granting Related Relief Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #9 Motion to Pay Critical Trade Vendor Claims (Debtors' Motion for Entry of Interim and Final Orders (A) Authorizing Debtors to Pay Certain Prepetition Claims of Critical Vendors and (B) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #10 Motion to Authorize Debtors' Motion for Entry of an Order (I) Authorizing Debtors to (A) Pay Prepetition Claims of Shippers and Miscellaneous Lien Claimants, (B) Pay Section 503(b)(9) Claims, and (C) Grant Administrative Expenses Priority to all Undisputed Obligations for Goods Ordered Prepetition and Delivered Postpetition and Satisfy Such Obligations in the Ordinary Course of Business and (II) Granting Related Relief Filed by Longview Power, LLC. (Heath, Paul) (Entered: 08/30/2013) Aug 30 #11 Motion to Pay Sales and Use Taxes (Debtors' Motion for Entry of an Order (A) Authorizing, but not Directing, the Payment of Certain Prepetition Taxes, Governmental Assessments, and Fees and (B) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #12 Motion Prohibiting Utilities from Discontinuing Service (Debtors' Motion for Entry of Interim and Final Orders (A) Determining Adequate Assurance of Payment of Future Utility Services, (B) Prohibiting Utility Companies from Altering, Refusing or Discontinuing Services, (C) Establishing Procedures for Determining Adequate Assurance of Payment, and (D) Granting Related Relief) Filed By Longview Power, LLC (Heath, Paul) (Entered: 08/30/2013) Aug 30 #13 Motion to Authorize Debtors' Motion for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Continue Insurance Coverage Entered into Prepetition, (B) Honor Their Prepetition Insurance Premium Financing Agreements, and (C) Renew their Premium Financing Agreements in the Ordinary Course of Business, and (II) Granting Related Relief Filed by Longview Power, LLC. (Heath, Paul) (Entered: 08/30/2013) Aug 30 #14 Motion to Approve (Debtors' Motion to Approve Continuation of Surety Bond Program) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #15 Exhibit(s) (Agenda for First Day Hearing and Index of First Day Pleadings) Filed by Longview Power, LLC. (Terranova, Marisa) (Entered: 08/30/2013) Aug 30 #16 Motion to Extend Deadline to File Schedules or Provide Required Information Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #17 Motion for Order Establishing Procedures for Interim Compensation and Reimbursement of Expenses of Professionals Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #18 Application to Employ/Retain Donlin, Recano & Company, Inc. as the Administrative Advisor for the Debtors, Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C) (Shapiro, Zachary) (Entered: 08/30/2013) Aug 30 #19 Motion to Reject Lease or Executory Contract Debtors' Motion for Entry of an Order Authorizing the Debtors to Reject Certain Executory Contracts Effective Nunc Pro Tunc to the Petition Date Filed by Longview Power, LLC. Objections due by 9/13/2013. (Attachments: # 1 Notice # 2 Exhibit A) (Shapiro, Zachary) (Entered: 08/30/2013) #20 List of Creditors . .. ...

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Re: [MVCAC] Longview Power is likely to declare bankruptcy
by James Kotcon 01 Sep '13

01 Sep '13

One article indicated that the coal was INITIALLY being transported by conveyor, which implies they are no longer doing it that way. I have no information on why that might be. Jim Kotcon >>> Andrew Liebhold 08/31/13 10:49 PM >>> One piece of information that has not been shared in their press releases is exactly what technical problems they are having with the plant. I understand that they have a problem with a leak in the boiler and noticed a leak detection service is one of their debtors. I also noticed that the entire plant was shut down a few months ago. I'm also wondering if they are having problems with the overland conveyor. When I've driven by it, it has always seemed like it is not working and they seem to be running coal trucks to and from the 4-West mine? According to one of the news articles, the plant is running under-capacity and not reliably enough to sell electricity on long-term contracts. Makes you wonder if there has been some mis-management somewhere? On Sat, Aug 31, 2013 at 4:35 PM, Betty Wiley wrote: > I get the impression they will keep operating under bankruptcy, so jobs > will still be there?????? > > > On Sat, Aug 31, 2013 at 12:31 PM, Cindy Frich wrote: > >> I too sad about the jobs to gloat that I warned the County Commission and >> School Board. >> >> >> Sent from Yahoo! Mail on Android >> >> ------------------------------ >> * From: * Julieann F. Wozniak ; >> * To: * Andrew Liebhold ; >> * Cc: * ; >> * Subject: * Re: [MVCAC] Longview Power is likely to declare bankruptcy >> * Sent: * Fri, Aug 30, 2013 7:54:50 PM >> >> On 8/8/2013 9:31 PM, Andrew Liebhold wrote: >> >> Surprisingly (OK, maybe it's not surprising!), the local newspaper has >> not reported that Longview Power has been in an increasingly tight >> financial squeeze in part due to operational problems at the power plant >> (apparently they have a serious boiler leak among other problems) and also >> in part due to the low market prices for electrical power. I'm attaching a >> recent article from a trade journal that reports on their woes, indicating >> that they are likely to file for a "package bankruptcy" this fall. I have >> several other articles that have appeared earlier about Longview's growing >> financial troubles and could send them to anybody who is interested. >> >> Too embarrassed, perhaps? Fox Business News has the article verbatim:http://www.foxbusiness.com/news/2013/08/30/power-company-longview-…. >> >> The Dunkard Creek Facebook page does as well. GenPower has a long track >> record of similar financial problems in the midwest. Longview was the first >> ever power plant project it completed. Is suspect that the Lauritas and the >> taxpayers of West Virginia will be left holding the bag on this one. >> >> Julieann Wozniak >> >> >> >> _______________________________________________ >> MVCAC mailing list >> MVCAC(a)osenergy.org >> http://wvcompletestreets.org/mailman/listinfo/mvcac >> > >

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Longview Power is likely to declare bankruptcy
by Andrew Liebhold 01 Sep '13

01 Sep '13

Surprisingly (OK, maybe it's not surprising!), the local newspaper has not reported that Longview Power has been in an increasingly tight financial squeeze in part due to operational problems at the power plant (apparently they have a serious boiler leak among other problems) and also in part due to the low market prices for electrical power. I'm attaching a recent article from a trade journal that reports on their woes, indicating that they are likely to file for a "package bankruptcy" this fall. I have several other articles that have appeared earlier about Longview's growing financial troubles and could send them to anybody who is interested. As much as the folks at GenPower and elsewhere might like to blame their problems on "Obama's war on coal", it strikes me that their problems can pretty much be attributed to the lack of foresight by Longview investors in selecting coal as a fuel and errors made by the engineers who designed and built it... -Sandy Liebhold

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Good Article on the Longview Bankrupcy
by Duane 31 Aug '13

31 Aug '13

DOMINION POST Longview filing for bankruptcy Judge must approve reorganization plans BY BEN CONLEY AND ALEX LANG The Dominion Post, August 31, 2013 The company overseeing Longview Power Plant has filed for bankruptcy, but will be allowed to reorganize its business. The filing was done Friday in the U.S. Bankruptcy Court for the District of Delaware. Longview Intermediate Holdings C, LLC filed for Chapter 11 bankruptcy. Under Chapter 11, a business can develop a reorganization plan, which must be approved by a judge. Longview Power Plant recently opened and began operations in Maidsville. The power plant is a 700 megawatt supercritical coal-fired power facility and one of the most efficient, with lowest air emissions in the country, according to a company news release. The company lists more than a billion dollars in both assets and liabilities in the filing. According to the filing, the company estimates it will pay back unsecured creditors. The unsecured creditors are the last group to receive money in Chapter 11. Unsecured debtors are not guaranteed to receive their full claims. Included in the filing is a list of the top 50 unsecured debtors. The largest unsecured debtor is CONSOL, with a claim amount of nearly $800,000. The Monongalia County Sheriff ’s Tax Office is the third highest, with a claim of about $310,000. Mon County entered into a Payment in Lieu of Taxes (PILT) agreement with Longview in 2008, which set up a series of annual payments to be paid to the county instead of paying actual property taxes. The payments were scheduled over the next 30 years, increasing annually. Monongalia County Commissioner Bill Bartolo said representatives of Longview contacted the commission office Friday morning to confirm the bankruptcy filing. “There was a rumor floating around,” Bartolo said. “They claim it will not impact the payment in lieu of taxes. Of course that’s a concern because that impacts the county as well as the board of education.” The annual payments are divided between the county and the board of education, based on the levy rate set by each. Commissioner Tom Bloom said he was concerned, not only about the PILT, but also about the potential for people losing work. “Being realistic, if you’re going to have to restructure, it’s going to have to come from somewhere,” he said. “I guess we’ll just have to wait and see.” Bartolo agreed. “You can speculate about what if, but at this point, it’s just not prudent to do that.” Brickstreet Insurance is owed almost $275,000. Forquer Contracting LLC out of Pentress is owed about $142,000. GEC INC out of Bruceton Mills is owed about $120,000. JL Pretzel Contracting LLC, also out of Bruceton Mills, is owed just more than $26,000. Diggler’s Construction LLC out of Kingwood has a claim of $25,200. Several affiliates are also listed in the filing including Longview Power, LLC, Alternate Energy, LLC, Border Energy, LLC, Coresco, LLC, Dana Mining Co. of Pennsylvania, LLC, Dana Mining Co., LLC, Longview Intermediate Holdings C, LLC, Mepco Conveyor, LLC, Mepco Holdings, LLC, Mepco Intermediate Holdings A, LLC, Mepco Intermediate Holdings, LLC, Mepco, LLC and Shannopin Materials, LLC. Mepco operates three active underground coal mines and one active surface mine, according to the company. Chrysler went through the same type of bankruptcy. It filed in 2009 and continues to operate and still does business today. <<< Duane Nichols, Mon Valley Clean Air Coalition >>>>>> So the truck traffic on Ft. Martin Road will continue for some time to come, Dunkard Creek may never be cleaned up, and coal waste and ash will continue to be dumped in the headwaters of Crooked Run and Craft Run. Cooling water is coming out of the Mon River, and unknown waste streams (quantity and concentration ?) are being injected underground in Pennsylvania.

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Power company Longview & Mepco seeks bankruptcy, blames Siemens
by Duane 31 Aug '13

31 Aug '13

http://www.reuters.com/article/2013/08/30/us-longviewpower-bankruptcy-idUSB… Power company Longview seeks bankruptcy, blames Siemens By Tom Hals and Sakthi Prasad Fri Aug 30, 2013 11:38am EDT (Reuters) - Longview Power LLC filed for Chapter 11 bankruptcy on Friday and blamed a unit of Germany's Siemens AG for glitches at Longview's $2 billion West Virginia power plant that left it unable to pay its debts. The coal-fired plant in Maidsville has a capacity to generate about 700 megawatts of electrical power and was among the largest construction projects in West Virginia's history. However, it has been plagued by construction delays and legal problems since it was proposed more than a decade ago. Longview said there will be no interruption to its business and employees will not be affected by the Chapter 11 filing. The plant was funded by a $1 billion equity investment by First Reserve Corp, a private equity firm focused on energy, and about $1 billion in debt. About $557 million in debt matures in February, according to documents filed in the U.S. Bankruptcy Court in Delaware. The bankruptcy filing was aimed at preventing a default on an interest payment due Friday, which in turn would have caused a default on a $59 million letter of credit. "The company has been in consensual negotiations with our senior lenders toward a Chapter 11 plan to maximize value. We remain confident that the company and our lenders will reach an agreement on the terms of a Chapter 11 plan in the near term," Chief Executive Jeffery Keffer said in a statement. The company blamed its bankruptcy primarily on what it called the failures by the contractors which built the plant, delaying its opening by nine months and limiting the plant's capacity. Siemens Energy led a team that also included units of Foster Wheeler AG and Kvaerner ASA of Norway. Siemens and Foster Wheeler did not immediately respond to a request for comment. Kvaerner could not be reached for comment, but said in its annual report that construction delays were caused by changes to the project and the supply of services and materials. The legal disputes are currently before an arbitration panel, but Keffer said in court documents the company plans to seek an expedited hearing on the disputes in the bankruptcy court. The company also blamed the sharp decline in wholesale electricity prices that have caused other power producers such as Dynegy to seek bankruptcy. In addition to Longview Power, 12 affiliates also filed for bankruptcy protection, including the company's Mepco coal business which owns or operates four mines in West Virginia and Pennsylvania. The mines produce about 4 million tons of coal annually, according to court records. Coal prices have been falling due to a boom in natural gas drilling. GenPower Holdings is Longview's ultimate parent. The company has engaged Lazard Ltd (LAZ.N) as its investment banker and Alvarez & Marsal North America LLC as its restructuring advisor. Longview is represented by Kirkland & Ellis LLP, as primary restructuring counsel, and Dentons US LLP for all issues related to company's pending arbitration proceedings. The case is in re Longview Power LLC, Case No. 13-12211, U.S. Bankruptcy Court, District of Delaware. (Reporting by Sakthi Prasad in Bangalore; Editing by David Cowell and Andrew Hay) Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Longview Power article July 2013
by Duane 08 Aug '13

08 Aug '13

Duane Nichols, Cell- 304-216-5535. www.FrackCheckWV.net

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Longview is short of cash . .. ...
by Duane 08 Aug '13

08 Aug '13

Research Update: Longview Power LLC's Rating Lowered To ?CCC-? On Likely Restructuring; Outlook Negative Published: June 2013Standard & Poors Abstract Longview Power LLC is unlikely to be able to refinance part of its senior secured debt due in February 2014 on favorable terms, and we expect it will continue to use liquidity to meet financial obligations during 2013 and into 2014. Material operational problems continue to occur and merchant power prices are likely to remain depressed. We are lowering the debt rating on Longview Power's credit facilities to 'CCC-' from 'B-', reflecting the high potential for a restructuring before the February 2014 maturity. The outlook remains negative. On June 28, 2013, Standard & Poor's Ratings Services lowered its debt rating on Longview Power LLC's senior secured credit facilities to 'CCC-' from 'B-' and kept the ratings on negative outlook. Companies mentioned in this report are: - Longview Power LLC Action: Downgraded

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