Common use of AGLC Pipeline Replacement Clause in Contracts

AGLC Pipeline Replacement. On January 8, 1998, the Georgia Public Service Commission (“GPSC”) issued procedures and set a schedule for hearings regarding alleged pipeline safety violations. On July 21, 1998, the GPSC approved a settlement between AGLC and the staff of the GPSC that details a 10-year pipeline replacement program (“PRP) for approximately 2,300 miles of cast iron and bare steel pipe. October 1, 2004 marked the beginning of the seventh year of the original 10-year PRP. On June 10, 2005, AGLC and the GPSC entered into a Settlement Agreement that, among other things, extends AGLC’s PRP by five years to require that all replacements be completed by December 2013, with the timing of such replacements to be subsequently determined through discussions with GPSC staff. Under the Settlement Agreement, rates charged to customers will remain unchanged through April 30, 2010, but AGLC will recognize reduced base rate revenues of $5 million on an annual basis through April 30, 2010. The five-year total reduction in recognized base rate revenues of $25 million will be applied to the amount of costs incurred to replace pipe and subsequently recovered from customers. NONE 1) Indenture, dated December 1, 1989, as amended, between Atlanta Gas Light Company and The Bank of New York, as successor trustee, pursuant to which Atlanta Gas Light Company issued its medium term notes. 2) Agreements pursuant to which Pivotal Utility Holdings Inc. (f/k/a NUI Utilities, Inc.) issued $39.0 million Variable Rate Bonds, due June 1, 2026: a. Amended and Restated Standby Bond Purchase Agreement, dated June 1, 2005, among Pivotal Utility Holdings, Inc., the Participating Banks, the Bank of New York, as Purchasing Bank and Administrative Agent and BNY Capital Markets, Inc., as Lead Arranger and Book Runner. b. Loan Agreement, dated June 1, 1996, between NUI Utilities, Inc. (f/k/a NUI Corporation) and New Jersey Economic Development Authority.

AGLC Pipeline Replacement. On January 8, 1998, the Georgia Public Service Commission (“GPSC”) issued procedures and set a schedule for hearings regarding alleged pipeline safety violations. On July 21, 1998, the GPSC approved a settlement between AGLC and the staff of the GPSC that details a 10-year pipeline replacement program (“PRP) for approximately 2,300 miles of cast iron and bare steel pipe. October 1, 2004 marked the beginning of the seventh year of the original 10-year PRP. On June 10, 2005, AGLC and the GPSC entered into a Settlement Agreement that, among other things, extends AGLC’s PRP by five years to require that all replacements be completed by December 2013, with the timing of such replacements to be subsequently determined through discussions with GPSC staff. Under the Settlement Agreement, rates charged to customers will remain unchanged through April 30, 2010, but AGLC will recognize reduced base rate revenues of $5 million on an annual basis through April 30, 2010. The five-year total reduction in recognized base rate revenues of $25 million will be applied to the amount of costs incurred to replace pipe and subsequently recovered from customers. NONE. 1) Indenture, dated December 1, 1989, as amended, between Atlanta Gas Light Company and The Bank of New York, as successor trustee, pursuant to which Atlanta Gas Light Company issued its medium term notes. 2) Agreements pursuant to which Pivotal Utility Holdings Inc. (f/k/a NUI Utilities, Inc.) issued $39.0 million Variable Rate Bonds, due June 1, 2026: a. Amended and Restated Standby Bond Purchase Agreement, dated June 1, 2005, among Pivotal Utility Holdings, Inc., the Participating Banks, the Bank of New York, as Purchasing Bank and Administrative Agent and BNY Capital Markets, Inc., as Lead Arranger and Book Runner. b. Loan Agreement, dated June 1, 1996, between NUI Utilities, Inc. (f/k/a NUI Corporation) and New Jersey Economic Development Authority.

AGLC Pipeline Replacement. On January 8, 1998, the Georgia Public Service Commission (“GPSC”) issued procedures and set a schedule for hearings regarding alleged pipeline safety violations. On July 21, 1998, the GPSC approved a settlement between AGLC and the staff of the GPSC that details a 10-year pipeline replacement program (“PRP) for approximately 2,300 miles of cast iron and bare steel pipe. October 1, 2004 marked the beginning of the seventh year of the original 10-year PRP. On June 10, 2005, AGLC and the GPSC entered into a Settlement Agreement that, among other things, extends AGLC’s PRP by five years to require that all replacements be completed by December 2013, with the timing of such replacements to be subsequently determined through discussions with GPSC staff. Under the Settlement Agreement, rates charged to customers will remain unchanged through April 30, 2010, but AGLC will recognize reduced base rate revenues of $5 million on an annual basis through April 30, 2010. The five-year total reduction in recognized base rate revenues of $25 million will be applied to the amount of costs incurred to replace pipe and subsequently recovered from customers. NONENone. 1) . Indenture, dated December 1, 1989, as amended, between Atlanta Gas Light Company and The Bank of New YorkYork Mellon, as successor trustee, pursuant to which Atlanta Gas Light Company issued its medium term notes. 2. Loan Agreement, dated June 1, 1996, between NUI Utilities, Inc. (f/k/a NUI Corporation) Agreements and New Jersey Economic Development Authority pursuant to which Pivotal Utility Holdings Inc. (f/k/a NUI Utilities, Inc.) issued $39.0 million Variable Rate Bonds, due June 1, 2026:. a. Amended and Restated Standby Bond Purchase 3. Loan Agreement, dated June May 1, 20052007, among between Pivotal Utility Holdings, Inc.Inc. (f/k/a NUI Utilities, the Participating Banks, the Bank of Inc. and NUI Corporation) and New YorkJersey Economic Development Authority, as Purchasing Bank and Administrative Agent and BNY Capital Markets, Inc., as Lead Arranger and Book Runner. b. amended by that certain First Amendment to Loan Agreement, dated June 1, 19962008, pursuant to which NUI Utilities issued $54.6 million bonds due June 1, 2032. 4. Loan Agreement, dated December 1, 1998, between NUI Utilities, Inc. (f/k/a NUI Corporation) and New Jersey Economic Development Authority, pursuant to which NUI Utilities issued $40.0 million 5.25% bonds due November 1, 2033. 5. Loan Agreement, dated May 1, 2005, between Pivotal Utility Holdings, Inc. and Brevard County, FL, as amended by that certain First Amendment to Loan Agreement, dated June 1, 2008, pursuant to which Pivotal Utility Holdings, Inc. issued $20 million bonds due October 1, 2024. 6. Loan Agreement, dated April 1, 2005, between Pivotal Utility Holdings, Inc. and New Jersey Economic Development Authority, as amended by that certain First Amendment to Loan Agreement, dated June 1, 2008, pursuant to which Pivotal Utility Holdings, Inc. issued $46.5 million bonds due October 1, 2022. 7. Credit Agreement dated as of August 31, 2006 by and among AGL Capital Corporation, as Borrower, AGL Resources Inc., as Guarantor, SunTrust Bank, as Administrative Agent, the several lenders from time to time party thereto, Wachovia Bank, National Association, as Syndication Agent, and The Bank of Tokyo-Mitsubishi-UFJ, Ltd. New York Branch, Calyon New York Branch and JX Xxxxxx Cxxxx Bank, N.A., as Co-Documentation Agents 8. Letter of Credit and Security Agreement dated as of June 5, 2008 by and among Pivotal Utility Holdings, Inc., as Borrower, AGL Resources Inc., as Guarantor, SunTrust Bank, NA as Administrative Agent, the several lenders from time to time party thereto, The Bank of Tokyo-Mitsubishi-UFJ, Ltd., as Syndication Agent, Wxxxx Fargo Bank, National Association, as Issuing Bank, SunTrust Rxxxxxxx Xxxxxxxx Inc. and The Bank of Tokyo-Mitsubishi-UFJ, Ltd., as Co-Lead Arrangers and Co-Book Runners 9. Letter of Credit and Security Agreement dated as of September 4, 2008 by and among Pivotal Utility Holdings, Inc., as Borrower, AGL Resources Inc., as Guarantor, Bank of America, NA, as Administrative Agent, the several lenders from time to time party thereto, The Bank of Tokyo-Mitsubishi-UFJ, Ltd., as Syndication Agent, and Bank of America, N.A., as Issuing Bank.