DE 96-227 Pennichuck East Utility, Inc./Pennichuck Corporation Sale of Consumers New Hampshire Water's Non-Hudson Water System to Pennichuck East Utility, Inc. Order Approving Pennichuck East Utility, Inc.'s Petition for Financing O R D E R N O. 22,893 April 6, 1998 On March 26, 1998, Pennichuck Corporation (PC) and its wholly-owned subsidiary Pennichuck East Utility, Inc. (PEU) (collectively, Pennichuck) filed a petition with the New Hampshire Public Utilities Commission (Commission), pursuant to RSA 369, for authorization to issue and sell $4,500,000 of debt. The purpose of the debt is to acquire the "Non-Hudson" utility assets of Consumers New Hampshire Water Company (Consumers) from the Town of Hudson (Hudson). The lengthy procedural history of this docket is described in previous Commission orders. In particular, Order No. 22,792 (the Order), issued November 21, 1997, describes the involvement of Pennichuck in the proceeding as a party to Phase 2 of the docket. The Order provided Commission approval for Pennichuck's acquisition of the utility assets of Consumers located outside of the Town of Hudson, immediately after their purchase by Hudson. The purchase price of these assets is $7,500,000. The Order provided for Pennichuck to charge rates to the approximately 3,500 customers at a level 10% below those charged previously by Consumers, on an interim basis for 18 to 24 months until a rate case is filed. The Commission authorized a capital structure for the new utility, Pennichuck East Utility, Inc., of 60% debt and 40% equity. The equity amount of $3,000,000 is to come from PC, which would derive such funds from a dividend to be paid by an unregulated subsidiary, Southwood Corporation. It is the 60% debt, or $4,500,000, which is the subject of the instant petition. Pennichuck has received a commitment letter from Fleet Bank-New Hampshire for a loan of $4,500,000, for which Pennichuck Corporation and Pennichuck East Utility, Inc. will be jointly and severally liable. The note will also be secured by a first mortgage on the assets of Pennichuck East Utility, Inc. The note will initially be structured as a Line of Credit, and after two years will convert to a term facility for the remaining five years. Pennichuck requested a fixed rate for the loan, and in order to accommodate that request Fleet Bank, N.A., the parent of the lending institution Fleet Bank-New Hampshire, will enter into a swap agreement with Pennichuck effective at the closing date. Under the swap agreement, Fleet Bank, N.A. will reimburse Pennichuck for its variable interest payments paid to Fleet Bank-New Hampshire and, in exchange, Pennichuck will pay Fleet Bank N.A. a monthly interest payment at a fixed rate of 6.5% over the seven year term of the note. Pennichuck is to also pay Fleet Bank-New Hampshire an origination fee of $25,000 at closing. In our Order No. 22,792 (November 21, 1997), we approved Pennichuck's purchase of the Non-Hudson assets of Consumers New Hampshire Water Company as being in the public interest. Also in that Order, we found that Pennichuck had the requisite managerial, technical and financial expertise to assume ownership of the assets. In addition, in our Order No. 22,880 (March 23, 1998), we provided our specific approval for Pennichuck to engage in business, and for Consumers to terminate service, consistent with our findings in the November Order. The only remaining matter, then, for our consideration, is review and approval of Pennichuck's financing arrangements pursuant to RSA 369. Our Staff has reviewed the financing proposal presented by Pennichuck. We have reviewed Staff's recommendation with respect to that financing and we find that the terms and conditions of the proposed financing are reasonable, and we will approve them. We note that the Staff recommendation provides comment on the source of the equity funds to be infused into PEU, namely that the parent Pennichuck Corporation, coincident with the note being executed as contemplated herein, is also borrowing from Fleet Bank in order to effectuate the purchase of the water assets from Hudson. We note that, consistent with our Order No. 22,792, we continue to reserve our right to evaluate the capital structure of the new utility at the time it files a rate case 18 to 24 months after assuming ownership of the assets. Based upon the foregoing, it is hereby ORDERED, that Pennichuck East Utility, Inc. And Pennichuck Corporation, are hereby authorized, pursuant to RSA 369, to execute and deliver its note to Fleet Bank-New Hampshire in the amount of $4,500,000, together with a security interest in the assets of Pennichuck East Utility, Inc.; and it is FURTHER ORDERED, that Pennichuck East Utility, Inc. and Pennichuck Corporation provide executed copies of the loan documents following closing. By order of the Public Utilities Commission of New Hampshire this sixth day of April, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary