UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
AMENDMENT
NO. 1
TO
FORM
U-1
APPLICATION/DECLARATION
UNDER
THE
PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
|
AGL
Resources Inc.
Ten
Peachtree Place
Suite
1000
Atlanta,
GA 30309 |
(Name of
company or companies filing this statement
and
addresses of principal executive offices)
AGL
Resources Inc.
Ten
Peachtree Place
Suite
1000
Atlanta,
GA 30309
(Name of
top registered holding company of each applicant or declarant)
|
Bryan
E. Seas, Vice President and Controller
AGL
Resources Inc.
Ten
Peachtree Place
Suite
1000
Atlanta,
GA 30309 |
(Name and
address of agent for service)
The
Commission is also requested to send copies
of any
communication in connection with this matter to:
|
Paul
Shlanta
Shannon
Omia Pierce
AGL
Resources Inc.
Ten
Peachtree Place, 15th
Floor
Atlanta,
GA 30309
(404)
584-3394 (Tel)
(404)
584-3714 (Facsimile) |
AGL
Resources Inc. (“AGL Resources”), a registered public utility holding company
under the Public Utility Holding Company Act of 1935, as amended (the "1935
Act"), hereby withdraws its Application/Declaration on Form U-1 filed on May 19,
2005 (“May 19 Application”), in File No. 070-10306. As a result of inquiries,
AGL Resources is withdrawing its May 19 Application under the 1935 Act for the
proposed sale of certain nonutility businesses.1
In its
May 19 Application, AGL Resources and its subsidiaries, NUI Corporation (“NUI”)
and Virginia Gas Company (“VGC”), requested authority under Sections 6(a), 7 and
12(d) of the Act and Rules 44 and 54 thereunder to sell NUI’s fifty percent
member interest in Saltville Gas Storage Company LLC, held by its subsidiary,
NUI Saltville Storage, Inc.,2 and all
of the issued and outstanding capital stock of Virginia Gas Pipeline Company and
Virginia Gas Storage Company, held by VGC, to Duke Energy Gas Transmission and
Duke Energy Saltville Gas Storage, L.L.C., subsidiaries of Duke Energy
Corporation.3
In the
wake of inquiries, AGL Resources is amending its May 19 Application to withdraw
requests for Commission authorization under the 1935 Act. AGL Resources is
neither issuing any securities, nor is it exercising any privilege or right to
alter the priorities, preferences, voting power, or other rights of the holders
of an outstanding security of any of its corporate members. AGL Resources’
proposed sale of certain nonutility businesses does not involve notes or drafts.
None of the assets at issue qualify as “utility assets” within the meaning of
the 1935 Act. Therefore, AGL Resources hereby withdraws its May 19
Application.
SIGNATURE
Pursuant
to the requirements of the Public Utility Holding Company Act of 1935, AGL
Resources has duly caused this Amendment No. 1 to its Declaration/Application to
be signed on its behalf by the undersigned thereunto duly
authorized.
Date: June 6,
2005
AGL
Resources Inc.
By: /s/
Paul R. Shlanta
Paul R.
Shlanta
Senior
Vice President, General Counsel and Chief
Compliance
Officer
|
1 |
None
of the businesses being sold by AGL Resources are a “public utility
company” or own “utility assets” as defined in Section 2 of the 1935 Act.
|
|
2 |
NUISS
is a subsidiary of NUI Utilities, which was acquired by AGL Resources in a
November 24, 2004 acquisition and merger with NUI Corporation (“NUI”).
(U.S. Securities and Exchange Commission Holding Company Act Release No.
35-27917; 70-10243.) Under the terms of the acquisition and merger, AGL
Resources acquired all the outstanding common stock of NUI, an exempt
holding company under section 3(a)(1) of the Act and indirect ownership of
NUI’s subsidiary companies. AGL Resources also sought and received
authority: (1) to retain NUI’s non-utility subsidiaries and to reorganize
NUI’s direct and indirect non-utility subsidiaries without further
Commission approval and (2) to acquire NUI’s interest in Saltville Gas
Storage Company, LLC pursuant to an exemption under Rule
16. |
|
3 |
Duke
Energy Corporation is a public utility company under the 1935 Act. It is
not a holding company under the 1935 Act. |