YOU ARE HEREBY NOTIFIED that on the 13th day of June, 2011, at 9:30 A.M., at the Appling County Courthouse in the City of Baxley, Georgia, the presiding Judge of the Superior Court of Appling County will hear the case of the STATE OF GEORGIA v. DEVELOPMENT AUTHORITY OF APPLING COUNTY and GEORGIA POWER COMPANY, Civil Action File No. 11-5-333C, in the Superior Court of Appling County, the same being a proceeding to confirm and validate Development Authority of Appling County Pollution Control Revenue Bonds (Georgia Power Company Plant Hatch Project) (the “Bonds”), in the aggregate principal amount of not to exceed $70,000,000. The Bonds are to be issued by the Development Authority of Appling County (the “Issuer”) from time to time in one or more series for the purpose of financing or refinancing, in whole or in part, a portion of the undivided interest of Georgia Power Company (the “Company”) in certain air or water pollution control facilities and sewage or solid waste disposal facilities, such facilities to consist of certain land, buildings, structures, machinery, equipment and related real and personal property (the “Facilities”) at Plant Hatch nuclear generating facility located in Appling County, Georgia, by (A) refunding all or a portion of the certain prior outstanding obligations issued for the benefit of the Company (the “Refunded Bonds”) to finance or refinance the Facilities; (B) financing or refinancing, in whole or in part, the cost of the acquisition, construction, installation and equipping of the undivided interest of the Company in the Facilities; and (C) paying, or reimbursing the Company for, costs of the Facilities, in order to develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and to promote the general welfare of the State of Georgia. Such Facilities will be financed or refinanced by the Issuer for the benefit of the Company pursuant to a loan agreement relating to each series of the Bonds. In such proceeding the Court will also pass upon the validity of the loan agreement and promissory note relating to each series of the Bonds to be delivered by the Company in connection therewith and the trust indenture relating to each series of the Bonds, each to be entered into between the Issuer and the trustee for the related series of Bonds to be designated by the Issuer before the issuance of such series of Bonds. Any citizen of the State of Georgia residing in Appling County, or any other person wherever residing who has a right to object, may intervene and become a party to this proceeding. The Issuer will not conduct any performance audit or performance review with respect to each series of the Bonds as such terms are described in Section 36-82-100, Official Code of Georgia Annotated.
This the 26th day of May, 2011.
F. FLOYD HUNTER
CLERK, SUPERIOR COURT,
APPLING COUNTY, GEORGIA
J. Alexander Johnson
Attorney for Development Authority
132 W. Parker Street
Baxley, GA 31513
912-367-9000
6-1 and 6-8ch
