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Published on 1/13/2014 in the Prospect News Distressed Debt Daily.

Longview Power seeks mediation of contractor claims estimation issues

By Caroline Salls

Pittsburgh, Jan. 13 - Longview Power, LLC counsel Ray C. Schrock asked the U.S. Bankruptcy Court for the District of Delaware to appoint a mediator to resolve issues related to a contractor claims estimation motion and estimation litigation, according to a letter filed Sunday with the court.

As previously reported, the company is seeking estimation of the claims of Foster Wheeler North America Corp., Siemens Energy, Inc. and Kvaerner North American Construction, Inc. The contractors and Longview debtors have also filed related adversary proceedings.

Although the company believes in its legal position and is prepared to litigate the case to conclusion, Schrock said all paths must be explored.

Schrock is asking the court to appoint Kevin Gross as mediator and to appoint the mediator through Feb. 1, which is after the objection deadline for confirmation of the company's Chapter 11 plan but in advance of the estimation hearing and the Feb. 10 plan confirmation hearing.

Schrock said Longview has been in settlement discussions with some of the contractors, and the company believes mediation may serve as a catalyst for settlement.

Longview, an integrated power generation enterprise based in Maidsville, W.Va., filed for bankruptcy on Aug. 30. The Chapter 11 case number is 13-12211.


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