[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60581-60583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5720]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 35-28045]
Filings Under the Public Utility Holding Company Act of 1935, as
Amended (``Act'')
October 12, 2005.
Notice is hereby given that the following filing(s) has/have been
made with the Commission pursuant to provisions of the Act and rules
promulgated under the Act. All interested persons are referred to the
[[Page 60582]]
application(s) and/or declaration(s) for complete statements of the
proposed transaction(s) summarized below. The application(s) and/or
declaration(s) and any amendment(s) is/are available for public
inspection through the Commission's Branch of Public Reference.
Interested persons wishing to comment or request a hearing on the
application(s) and/or declaration(s) should submit their views in
writing by November 7, 2005, to the Secretary, Securities and Exchange
Commission, 100 F Street, NE., Washington, DC 20549-9303, and serve a
copy on the relevant applicant(s) and/or declarant(s) at the
address(es) specified below. Proof of service (by affidavit or, in the
case of an attorney at law, by certificate) should be filed with the
request. Any request for hearing should identify specifically the
issues of facts or law that are disputed. A person who so requests will
be notified of any hearing, if ordered, and will receive a copy of any
notice or order issued in the matter. After November 7, 2005, the
application(s) and/or declaration(s), as filed or as amended, may be
granted and/or permitted to become effective.
AGL Resources Inc. et al. (70-10175)
AGL Resources Inc., (``AGL Resources''), a registered holding
company, Ten Peachtree Place, Suite 1000, Atlanta, Georgia 30309; its
public utility subsidiaries: Atlanta Gas Light Company (``AGLC''),
Chattanooga Gas Company (``CGC''), Virginia Natural Gas, Inc.
(``VNG''), Pivotal Utility Holdings, Inc. (``Pivotal'') and Virginia
Gas Distribution Company (``VGDC'') (AGLC, CGC and VNG are collectively
referred to as the `` Utility Subsidiaries'')\1\; and the following of
its nonutility companies: AGL Rome Holdings, Inc., Georgia Natural Gas
Company, AGL Investments, Inc., AGL Networks, LLC, AGL Energy
Corporation, AGL Propane Services, Inc., Trustees Investments, Inc.,
Customer Care Services, Inc., Pivotal Propane of Virginia, Inc.,
Southeastern LNG, Inc., AGL Services Company, AGL Capital Corporation,
Global Energy Resources Insurance Corporation, AGL Capital Trust I, AGL
Capital Trust II, and AGL Capital Trust III, all of Ten Peachtree
Place, Suite 1000, Atlanta Georgia 30309; SouthStar Energy Services
LLC, 817 West Peachtree Street, Atlanta Georgia 30308; and Sequent
Energy Management, LP, Sequent, LLC, Sequent Holding, LLC, Sequent
Energy Marketing, LP, Pivotal Energy Services, Inc., Jefferson Island
Storage & Hub, LLC, (``JISH''), Pivotal Jefferson Island Storage & Hub
LLC (``PJISH'') and Pivotal Storage, Inc. (``PSI''), all of 1200 Smith
Street, Suite 900, Houston, Texas 77002 (collectively, the ``Nonutility
Subsidiaries''; AGL Resources, the Utility Subsidiaries and the
Nonutility Subsidiaries are collectively referred to as ``Applicants'')
have filed a post-effective amendment (``Application'') under sections
6(a), 7, 9, 10 and 12 of the Act and rules 45, and 54 under the Act.
---------------------------------------------------------------------------
\1\ AGLC, VNG, and CGC are located at Ten Peachtree Place, Suite
1000, Atlanta, Georgia 30309. Pivotal is located at 550 Route 202-
206, Box 760, Bedminster, New Jersey, and VGDC is located at 1096
Ole Berry Drive, Abingdon, Virginia 24210.
---------------------------------------------------------------------------
Applicants request a supplemental order from the Commission for
JISH, PJISH and PSI to become parties to and participate in the
nonutility money pool as previously authorized for nonutility
subsidiaries of AGL Resources (``Nonutility Money Pool'') under the
Commission's order dated April 1, 2004 (HCAR No. 27828) (``April 2004
Order'') in order to manage JISH, PJISH and PSI's short-term capital
requirements in connection with the gas storage business described
below.
AGL Resources directly or indirectly owns all of the issued and
outstanding common stock of the Utility Subsidiaries, which are natural
gas local distribution utility companies. The Utility Subsidiaries
construct, manage and maintain natural gas pipelines in Georgia,
Tennessee Virginia, Maryland, Florida and New Jersey and serve more
than 2.3 million end-use customers. By order dated November 24, 2004
(HCAR No. 27917) (``November 2004 Order''), AGL Resources was
authorized to acquire NUI Corporation and its subsidiaries, including
NUI Utilities, Inc. (since renamed Pivotal Utility Holdings, Inc.) and
several nonutility companies. The November 2004 Order granted financing
authority to NUI Corporation and its subsidiaries, and permitted the
nonutility subsidiaries of NUI Corporation to participate in the AGL
Resources nonutility money pool under the same terms and conditions as
AGL Resources' existing nonutility subsidiaries.
Through its various nonutility subsidiaries, AGL Resources engages
in asset optimization, producer services, wholesale marketing and risk
management; marketing of natural gas and related services to retail
customers; and providing telecommunications conduit and dark fiber.
JISH owns and operates two salt dome gas storage caverns with 9.9
million Dekatherms (Dth) of total capacity and approximately 7.3
million Dth of working gas capacity. The facility has withdrawal
capacity of over 720,000 Dth per day and injection capacity of 240,000
Dth per day. Through its interconnections with eight pipelines and its
access to the Henry Hub, JISH will provide additional access to natural
gas supply for AGL Resources' utilities.
Through its indirect wholly owned subsidiary, PJISH, AGL Resources
acquired JISH on October 1, 2004 for approximately $90 million, which
included approximately $9 million of working gas inventory. Applicants
state that the acquisition of JISH is exempt under Rule 58.
Additionally, AGL Resources has formed two new non-utility
subsidiaries, PJISH and PSI, which are intermediate holding companies
for JISH. PJISH is a subsidiary of PSI and PSI is a subsidiary of AGL
Investments, which is a direct wholly owned subsidiary of AGL
Resources. Applicants state that the creation of PJISH and PSI is
exempt under the April 2004 Order.
The Commission authorized the Applicants in the April 2004 Order to
engage in a system of external and intrasystem financing. In
particular, as it relates to this Application, AGL Resources, the
Utility Subsidiaries, and certain of AGL Resources nonutility
subsidiaries were authorized to continue as parties to the AGL
Resources utility money pool and Nonutility Money Pool. In addition, to
the extent not exempt under Rule 52(b), the nonutility subsidiaries
covered by the April 2004 Order were authorized to make unsecured
short-term borrowings from the Nonutility Money Pool, to contribute
surplus funds to the Nonutility Money Pool, and to lend and extend
credit to one another through the Nonutility Money Pool. In the April
2004 Order, the Commission also reserved jurisdiction over the
participation of any newly formed or acquired company in either money
pool as borrower.
Applicants request authority for JISH, PHISH and PSI to become
parties to and participate in the Nonutility Money Pool, subject to the
same terms and conditions previously authorized by Commission for the
nonutility subsidiaries in the April 2004 Order. Applicants further
request that the Commission again reserve jurisdiction over the
participation of any other current or future nonutility subsidiaries as
a borrower under the Nonutility Money Pool. Applicants propose no other
changes to the terms, condition or limitations of the April 2004 Order
by this Application.
[[Page 60583]]
For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E5-5720 Filed 10-17-05; 8:45 am]
BILLING CODE 8010-01-P