

[Federal Register: October 18, 2005 (Volume 70, Number 200)]
[Notices]               
[Page 60581-60583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc05-128]                         

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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.
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    \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.
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    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
