File
No.
70-10304
United
States Securities and Exchange Commission
Washington,
D.C. 20549
________________________________________
Amendment
No. 2 to
Form
U-1
Application/Declaration
Under
the
Public
Utility Holding Company Act of 1935
________________________________________
AGL
Resources Inc.
Ten
Peachtree Place
Suite
1000
Atlanta,
Georgia 30309
(Names
of
companies filing this statement
and
addresses of principal executive offices)
________________________________________
Bryan
E.
Seas
Vice
President and Controller
AGL
Resources Inc.
Ten
Peachtree Place
Suite
1000
Atlanta,
Georgia 30309
(Names
and addresses of agents for service)
The
Commission is also requested to send copies
of
any
communication in connection with this matter to:
|
Markian
M.W. Melnyk
LeBoeuf,
Lamb, Greene & MacRae, L.L.P.
1875
Connecticut Avenue, N.W.
Suite
1200
Washington,
D.C. 20009
Telephone:
(202) 986-8212
Facsimile:
(202) 956-3289
|
FORM
U-1
APPLICATION/DECLARATION
UNDER
THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935
This
Amendment No. 2 amends the Application-Declaration in SEC File No. 70-10304
filed on May 9, 2005 to restate Item 1.C. thereof.
| Item
1. |
Description
of the Proposed
Transaction
|
*
* * *
*
| C. |
Overview
of the Requests
|
AGLR
seeks to expand on the expertise held by Sequent through the formation or
acquisition of, and investments in, energy- and gas-related nonutility
businesses operating in Canada, Mexico and/or the U.S. These investments
would
typically be made through one or more direct or indirect subsidiaries of
Sequent
and funded by the acquisition of the equity and debt securities of such
companies, borrowings by such companies from AGLR's nonutility money pool,
and
guarantees.
AGLR
proposes to limit its direct and indirect investments in energy- and gas-related
businesses that derive a substantial part of their revenues from the conduct
of
business in Canada or Mexico to an aggregate amount not to exceed $300 million
(the "Investment Limit") in the form of equity, debt and guarantees, including
nonutility money pool borrowings, through February 8, 2006 (the "Authorization
Period").1
Any
investments by AGLR in the energy- and gas-related businesses described herein
would be funded by cash on hand or the issuance of securities and/or guarantees
authorized by Commission order. In particular, by order dated April 1, 2004
(Holding Co. Act Release No. 27828), the Commission authorized AGLR and its
subsidiaries to engage in a system of external and intrasystem financing.
The
investments proposed herein would be subject to the limits set forth in the
April 1, 2004 order. In addition, AGLR's public utility subsidiary companies
would not directly or indirectly acquire any new energy- and gas-related
businesses based on the authorization sought herein and the utility subsidiaries
would not provide funding for, extend credit to, or guarantee the obligations
of, such businesses.
*
* * *
*
SIGNATURES
Pursuant
to the requirements of the Public Utility Holding Company Act of 1935, the
undersigned company has duly caused this statement to be signed on its behalf
by
the undersigned officer thereunto duly authorized.
Date:
September 27, 2005
AGL
Resources Inc.
By:
/s/
Paul R. Shlanta
Name:
Paul R. Shlanta
Title:
Executive Vice President, General Counsel and Chief Ethics & Compliance
Officer
1
Investments in gas- and energy-related businesses that may be acquired
under
Rule 58 would be subject to the investment limits under Rule 58, not
the
Investment Limit proposed herein.