e11vk
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 11-K
FOR ANNUAL REPORTS OF EMPLOYEE STOCK PURCHASE, SAVINGS
AND SIMILAR PLANS PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
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(Mark One) |
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þ
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ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934 |
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For the fiscal year ended December 31, 2004 |
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OR |
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TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934 |
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For the transition period
from to |
Commission File Number 33-57687
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
(Full title of the plan and the address of the
plan, if different from that of the issuer named below)
ATMOS ENERGY CORPORATION
Three Lincoln Centre, Suite 1800
5430 LBJ Freeway
Dallas, Texas 75240
(Name of issuer of the securities held
pursuant to the plan and the
address of its principal executive office)
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
FINANCIAL STATEMENTS
AND SUPPLEMENTAL SCHEDULE
AS OF DECEMBER 31, 2004 AND 2003
AND FOR THE YEAR ENDED DECEMBER 31, 2004
CONTENTS
1
Report of Independent Registered Public Accounting Firm
The Qualified Retirement Plans and Trusts Committee
Atmos Energy Corporation
Retirement Savings Plan and Trust
We have audited the accompanying statements of net assets
available for benefits of the Atmos Energy Corporation
Retirement Savings Plan and Trust as of December 31, 2004
and 2003, and the related statement of changes in net assets
available for benefits for the year ended December 31,
2004. These financial statements are the responsibility of the
Plans management. Our responsibility is to express an
opinion on these financial statements based on our audits.
We conducted our audits in accordance with the standards of the
Public Company Accounting Oversight Board (United States). Those
standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are
free of material misstatement. We were not engaged to perform an
audit of the Plans internal control over financial
reporting. Our audits included consideration of internal control
over financial reporting as a basis for designing audit
procedures that are appropriate in the circumstances, but not
for the purpose of expressing an opinion on the effectiveness of
the Plans internal control over financial reporting.
Accordingly, we express no such opinion. An audit also includes
examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements, assessing the
accounting principles used and significant estimates made by
management, and evaluating the overall financial statement
presentation. We believe that our audits provide a reasonable
basis for our opinion.
In our opinion, the financial statements referred to above
present fairly, in all material respects, the net assets
available for benefits of the Plan at December 31, 2004 and
2003, and the changes in its net assets available for benefits
for the year ended December 31, 2004, in conformity with
U.S. generally accepted accounting principles.
Our audits were performed for the purpose of forming an opinion
on the financial statements taken as a whole. The accompanying
supplemental schedule of assets (held at end of year) as of
December 31, 2004, is presented for purposes of additional
analysis and is not a required part of the financial statements
but is supplementary information required by the Department of
Labors Rules and Regulations for Reporting and Disclosure
under the Employee Retirement Income Security Act of 1974. This
supplemental schedule is the responsibility of the Plans
management. The supplemental schedule has been subjected to the
auditing procedures applied in our audits of the financial
statements and, in our opinion, is fairly stated in all material
respects in relation to the financial statements taken as a
whole.
Dallas, Texas
June 16, 2005
2
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
STATEMENTS OF NET ASSETS AVAILABLE FOR BENEFITS
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December 31 | |
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2004 | |
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2003 | |
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ASSETS |
Investments:
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Common stock of Atmos Energy Corporation
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$ |
66,654,361 |
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$ |
56,227,012 |
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Registered Investment Companies:
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T. Rowe Price Balanced Fund
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3,634,559 |
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2,868,520 |
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T. Rowe Price Spectrum Income Fund
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3,516,648 |
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5,491,262 |
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T. Rowe Price Spectrum Growth Fund
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6,201,245 |
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5,514,366 |
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T. Rowe Price International Stock Fund
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5,891,711 |
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T. Rowe Price Short-Term Bond Fund
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2,552,450 |
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3,329,762 |
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T. Rowe Price U.S. Bond Index Fund
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5,344,534 |
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538,884 |
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T. Rowe Price New Horizons Fund
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4,031,330 |
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3,854,242 |
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T. Rowe Price Mid-Cap Value Fund
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3,819,793 |
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T. Rowe Price New America Growth Fund
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6,576,293 |
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6,072,596 |
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T. Rowe Price Equity Income Fund
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10,803,673 |
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10,021,250 |
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T. Rowe Price Equity Index 500 Fund
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6,749,291 |
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9,089,811 |
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T. Rowe Price Growth Stock Fund
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7,383,909 |
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Harbor International Fund
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7,480,592 |
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Columbia Growth Stock Z Fund
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1,809,253 |
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Common/ Collective Trust:
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T. Rowe Price Stable Value Fund
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10,090,860 |
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9,687,064 |
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Common stock of Entergy Corporation
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110,922 |
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93,809 |
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Common stock of Citizens Communications Company, Class B
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592,409 |
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964,985 |
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Participant loans
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5,819,588 |
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5,236,322 |
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Total investments
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151,362,457 |
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126,690,849 |
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Receivables:
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Due from broker
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16,658 |
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4,981 |
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Participant contributions
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505,425 |
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253,382 |
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Company contributions
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253,390 |
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132,187 |
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Total receivables
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775,473 |
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390,550 |
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Net assets available for benefits
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$ |
152,137,930 |
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$ |
127,081,399 |
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See accompanying notes
3
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
STATEMENT OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS
Year ended December 31, 2004
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Additions
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Investment income:
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Net appreciation in fair value of investments
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$ |
12,875,973 |
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Dividends on common stock
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2,860,673 |
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Dividends on registered investment companies
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1,577,822 |
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Dividends on common/collective trust
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381,938 |
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Interest on participant loans
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370,145 |
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18,066,551 |
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Contributions:
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Participants
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9,246,730 |
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Company
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4,846,719 |
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Rollovers
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1,895,818 |
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15,989,267 |
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Transfers in from:
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Atmos Energy Corporation Savings Plan for MVG Union Employees
(formerly the Mississippi Valley Gas Company Savings Plan for
Union Employees)
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29,147 |
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Total additions
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34,084,965 |
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Deductions
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Distributions to participants
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8,944,169 |
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Administrative expenses
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84,265 |
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Total deductions
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9,028,434 |
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Net increase
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25,056,531 |
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Net assets available for benefits, at beginning of year
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127,081,399 |
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Net assets available for benefits, at end of year
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$ |
152,137,930 |
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See accompanying notes
4
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
NOTES TO FINANCIAL STATEMENTS
December 31, 2004
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1. |
Description of the Plan |
The following brief description of the Atmos Energy Corporation
Retirement Savings Plan and Trust (the Plan) is provided for
general information only. Participants should refer to the
Summary Plan Description for a more detailed description of the
Plans provisions.
The Plan is a trusteed defined contribution retirement benefit
plan offered to eligible employees of Atmos Energy Corporation
(the Company or Atmos). The Plan is to continue for an
indefinite term and may be amended or terminated at any time by
the Board of Directors of Atmos (the Board). The Plan is
administered by the Qualified Retirement Plans and Trusts
Committee (the Committee) which is appointed by the Board. The
Plan is subject to the provisions of the Employee Retirement
Income Security Act of 1974, as amended (ERISA).
The Company also maintains the Atmos Energy Corporation Savings
Plan for MVG Union Employees (formerly the Mississippi Valley
Gas Company Savings Plan for Union Employees) (the MVG Union
Plan). The MVG Union Plan is a defined contribution benefit plan
covering substantially all union employees in the Companys
Mississippi Division. During 2004, certain participants in the
MVG Union Plan assumed non-union positions and were allowed to
participate in the Plan. As such, assets totaling $29,147
relating to those participants were transferred from the MVG
Union Plan into the Plan.
On October 1, 2004, the Company completed the acquisition
of the natural gas distribution and pipeline operations of TXU
Gas Company (TXU Gas), a subsidiary of TXU Corp. All employees
of TXU Gas who joined the Company were immediately eligible to
participate in the Plan, as well as maintain their years of
credited service for purposes of matching contributions.
Employees of TXU Gas who joined the Company were allowed to roll
over into the Plan their assets, which were held in the TXU
Thrift Plan and the TXU Cash Balance Retirement Plan by choosing
one of two options. The first option allowed a participant who
did not have a loan to roll over into the Plan their assets at
any time after their employment ended with TXU Gas. The second
option, which had to be elected prior to December 31, 2004,
allowed a participant to have the Company automatically roll
over his or her assets, including any outstanding loan balance,
to the Plan. The transfer for those participants electing the
second option took place in January 2005 and was approximately
$21.8 million. To accommodate those TXU Gas employees who
held TXU Corp. common stock in the TXU Thrift Plan and elected
the second option, an additional account was established in the
Plan in January 2005 to hold the TXU Corp. common stock. This
account was established as a frozen account where funds can be
liquidated but no new stock added.
Substantially all employees of the Company (except employees
covered by other agreements, leased employees and any employees
covered by a collective bargaining agreement in which Plan
participation has not been negotiated through good faith
bargaining) (Participants) are eligible to participate in the
Plan as of the first payroll period coincident with or
immediately following the date of hire.
Contributions to the Plan include contributions withheld by the
Company on behalf of each Participant in an amount specified by
the Participant pursuant to a salary reduction agreement, as
well as matching Company contributions and any discretionary
Company contributions.
5
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
NOTES TO
FINANCIAL STATEMENTS (Continued)
Participants are eligible to receive matching Company
contributions after completing at least one year of service,
effective on the first full pay period following the earlier of
January 1, April 1, July 1 or October 1
after which one year of service has been completed.
Participants may elect a salary reduction (not to exceed $13,000
in 2004 or $16,000 for those participants age 50 or older),
ranging from a minimum of 1 percent up to a maximum of
65 percent of eligible compensation, as defined by the
Plan, not to exceed the maximum allowed by the Internal Revenue
Service (IRS).
The Company contributes a matching Company contribution in an
amount equal to 100 percent of each Participants
salary reduction contribution, up to a maximum of 4 percent
of such Participants eligible compensation, as defined by
the Plan, for the Plan year. The Companys matching
contribution meets the current IRS Safe Harbor
definition. The Company may revoke or amend any
Participants salary reduction agreement if necessary to
ensure that (1) each Participants additions for any
year will not exceed applicable IRS Code (the Code) limitations
and (2) Company matching contributions will be fully
deductible for federal income tax purposes.
The Plan also provides that a discretionary contribution may be
made at the option of the Board and in an amount determined
annually by the Board. No discretionary contribution was made to
the Plan in 2004.
All contributions to a Participants account are
immediately and fully vested.
The Plan allows Participants salary reduction
contributions to be invested among a variety of registered
investment companies, one common/ collective trust and Atmos
common stock.
The Stock Purchase Program Fund, consisting of Atmos common
stock, is participant directed. All Company matching and
discretionary contributions are directed into this fund.
Contributions made to this fund, both Participant directed and
Company matching and discretionary, are allowed to be
diversified at any time after the contribution is made into one
or more of the other investment options offered by the Plan.
In May 2000, the Company completed the acquisition of the
Missouri natural gas distribution assets of Associated Natural
Gas (ANG) from a subsidiary of Southwestern Energy
Corporation. Employees of ANG who joined the Company were
allowed to transfer into the Plan his or her assets which were
held in the Southwestern Energy Corporation 401(k) Plan (the
Southwestern Plan). To accommodate several ANG employees who
held Entergy Corporation (Entergy) common stock in the
Southwestern Plan, an additional account was established in the
Plan to hold the Entergy stock. This account was established as
a frozen account where funds can be liquidated but no new stock
added.
In July 2001, the Company completed the acquisition of the
assets of Louisiana Gas Service Company and LGS Natural Gas
Company (LGS) from Citizens Communications Company,
formerly Citizens Utilities Company. Substantially all employees
of LGS who joined the Company were immediately eligible to
participate in the Plan. Employees of LGS who joined the Company
were allowed to roll over into the Plan their assets which were
held in the Citizens Utilities Company 401(k) Employee Benefit
Plan (the Citizens Plan). To accommodate several LGS employees
who held Citizens Communications Company (Citizens) Class B
common stock in the Citizens Plan, an additional account was
established in the Plan to hold the Citizens stock. This account
was established as a frozen account where funds can be
liquidated but no new stock added.
6
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
NOTES TO
FINANCIAL STATEMENTS (Continued)
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Distributions to Participants |
Dividends received on Atmos common stock are automatically
reinvested in Atmos common stock. However, a Participant may
elect to have his or her dividends paid in cash. This election
may be made at any time during the period beginning on the first
business day on or after the dividend record date and ending at
a time specified by the Committee on the last business day
preceding the dividend payout date. Cash dividends received on
Atmos common stock, in accordance with the Plan, must be
distributed to Participants no later than 90 days after the
Plans year end. Currently, the dividends are distributed
quarterly. Once a Participant elects to receive his or her
dividends in cash, the election will remain in effect until the
election is changed.
A Participant may elect to receive an annual distribution of
Company matching or discretionary contributions made to his or
her account prior to January 1, 1999 and which were
allocated to his or her account at least two years prior to such
election. These annual elections are made as of January 1.
The annual distribution from the Plan is normally made in
February of the following year. Company matching or
discretionary contributions made after January 1, 1999 meet
the current IRS Safe Harbor definition and are not
eligible for in-service withdrawal.
In the event of retirement, death, termination due to disability
or termination of employment for another reason, a Participant
is entitled to withdraw the entire amount from each of his or
her accounts. Withdrawals from a Participants salary
reduction account, as well as the Company matching and
discretionary accounts, are also allowed upon proof of financial
hardship meeting IRS Safe Harbor definitions or, if
elected, subsequent to the Participant attaining
age 591/2.
Withdrawals from the Stock Purchase Program Fund may be in the
form of Atmos common stock or cash, as determined by the
Committee. However, a Participant has the right to have
withdrawals made in the form of Atmos common stock upon written
notice by the Participant.
A Participant may borrow up to the lesser of $50,000 or
50 percent of his or her account balance, with a minimum
loan amount of $1,000. Loans are repaid through payroll
deductions over periods of up to 5 years for general
purpose loans or 15 years for primary residence loans. The
interest rate is the U.S. prime rate plus 2 percent
and is fixed over the life of the loan. A Participant may have a
maximum of two loans outstanding at any one time.
If a Participant has an outstanding loan in force and terminates
his or her employment, the Participant may elect to continue to
pay the loan according to the payment schedule that was set up
at the time the loan was initiated. If this option is elected,
the Participant must also leave his or her account balance in
the Plan. A second option is that the Participant may elect to
have the outstanding loan balance treated as a distribution from
the Plan. A third option is that the Participant may repay the
loan in full prior to his or her termination of employment.
While the Company has not expressed any intent to terminate the
Plan, it is free to do so at any time. In the event of the
dissolution, merger, consolidation or reorganization of the
Company, the Plan will terminate and the trust will be
liquidated, unless the Plan is continued by a successor. Upon
such liquidation, all accounts will be distributed to the
Participants.
7
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
NOTES TO
FINANCIAL STATEMENTS (Continued)
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2. |
Summary of Significant Accounting Policies |
The financial statements of the Plan are prepared on the accrual
basis of accounting. Distributions to participants are recorded
when paid.
The preparation of financial statements in conformity with
U.S. generally accepted accounting principles requires
management to make estimates that affect the amounts reported in
the financial statements and accompanying notes. Actual results
could differ from those estimates.
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Investment Valuation and Income Recognition |
Shares of registered investment companies are valued at fair
value based on published market prices which represent the net
asset value of shares held by the Plan at year end. Investments
in common stock are valued at fair value based on quoted market
prices. The fair value of investments in the common/collective
trust is determined periodically by T. Rowe Price Trust
Company (T. Rowe Price) based upon the current fair value
of the underlying assets of the fund based on quoted market
prices. Participant loans are valued at remaining outstanding
balances which approximates fair value.
Purchases and sales of securities are recorded on a trade date
basis. Investment income is recorded on the accrual basis and
dividend income is recorded on the ex-dividend date. Realized
gains and losses from security transactions are reported on the
average historical cost method. Capital gains and losses are
included in interest and dividend income.
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3. |
Administration of the Plan and Plan Assets |
The Plan is administered by the Committee, consisting of at
least three persons who are appointed by the Board. The members
of the Committee serve at the pleasure of the Board without
compensation. Certain administrative functions are performed by
employees of the Company. No employee of the Company receives
compensation from the Plan.
In accordance with the Plan, the Company has appointed the
Committee as Trustee of the Plan. The Trustee may be removed at
the discretion of the Board. The Trustee shall vote any common
stock held in the trust in accordance with directions received
from the Participants, or at its discretion if there are no such
directions. The Plans assets are held by T. Rowe
Price, the custodian and recordkeeper of the Plan.
All expenses of the Plan are paid by the Company except for
processing fees related to loans to participants, which are paid
by the Participant.
Investments that represent 5 percent or more of the
Plans net assets available for benefits are separately
identified in the statements of net assets available for
benefits.
The Plan invests in various investment securities. Investment
securities are exposed to various risks such as interest rate,
market and credit risks. Due to the level of risk associated
with certain investment securities, it is at least reasonably
possible that changes in the values of investment securities
will occur in the near term and that such changes could
materially affect Participants account balances and the
amounts reported in the statements of net assets available for
benefits.
8
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
NOTES TO
FINANCIAL STATEMENTS (Continued)
During 2004, the Plans investments (including investments
purchased and sold, as well as held during the year)
appreciated/ (depreciated) in fair value as determined by quoted
market prices for common stocks and published market prices for
registered investment companies as follows:
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Atmos Energy Corporation Common Stock
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$ |
7,284,792 |
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Registered Investment Companies:
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T. Rowe Price Balanced Fund
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219,562 |
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T. Rowe Price Spectrum Income Fund
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94,432 |
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T. Rowe Price Spectrum Growth Fund
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765,126 |
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T. Rowe Price International Stock Fund
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220,323 |
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T. Rowe Price Short-Term Bond Fund
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(31,502 |
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T. Rowe Price U.S. Bond Index Fund
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(7,944 |
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T. Rowe Price New Horizons Fund
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659,736 |
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T. Rowe Price Mid-Cap Value Fund
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186,890 |
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T. Rowe Price New America Growth Fund
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667,698 |
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T. Rowe Price Equity Income Fund
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1,003,228 |
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T. Rowe Price Equity Index 500 Fund
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606,956 |
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T. Rowe Price Growth Stock Fund
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527,214 |
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Harbor International Fund
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676,907 |
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Columbia Growth Stock Z Fund
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(84,262 |
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Entergy Corporation Common Stock
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17,141 |
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Citizens Communications Company Common Stock
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69,676 |
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$ |
12,875,973 |
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5. |
Related-Party Transactions |
Certain Plan investments in registered investment companies and
common/ collective trusts are managed by T. Rowe Price.
T. Rowe Price is the trustee and; therefore, these
transactions qualify as party-in-interest transactions.
Additionally, a portion of the Plans assets are invested
in the Companys common stock. Because the Company is the
Plan sponsor, transactions involving the Companys common
stock qualify as party-in-interest transactions. All of these
party-in-interest transactions are exempt from the prohibited
transaction rules.
The Plan has received a determination letter from the IRS dated
November 1, 2002 stating that the Plan is qualified under
Section 401(a) of the Code and; therefore, the related
trust is exempt from taxation. Subsequent to this determination
by the IRS, the Plan was amended. Once qualified, the Plan is
required to operate in conformity with the Code to maintain its
qualification. The Plan administrator believes the Plan is being
operated in compliance with the applicable requirements of the
Code and; therefore, believes that the Plan, as amended, is
qualified and the related trust is tax-exempt.
9
ATMOS ENERGY CORPORATION RETIREMENT
SAVINGS PLAN AND TRUST
SCHEDULE H; LINE 4i
SCHEDULE OF ASSETS (HELD AT END OF YEAR)
EIN: 75-1984576
PLAN NUMBER: 002
December 31, 2004
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(c) |
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(b) |
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Description of investment |
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Identity of issue, |
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including maturity date |
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(e) | |
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borrower, lessor |
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rate of interest, collateral, |
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(d) | |
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Current | |
(a) | |
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or similar party |
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par or maturity value |
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Cost | |
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value | |
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* |
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Atmos Energy Corporation |
|
Common stock; 2,437,088 shares |
|
|
** |
|
|
$ |
66,654,361 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Stable Value Fund |
|
|
** |
|
|
|
10,090,860 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Balanced Fund |
|
|
** |
|
|
|
3,634,559 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Spectrum Income Fund |
|
|
** |
|
|
|
3,516,648 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Spectrum Growth Fund |
|
|
** |
|
|
|
6,201,245 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Short-Term Bond Fund |
|
|
** |
|
|
|
2,552,450 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
U.S. Bond Index Fund |
|
|
** |
|
|
|
5,344,534 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
New Horizons Fund |
|
|
** |
|
|
|
4,031,330 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Mid-Cap Value Fund |
|
|
** |
|
|
|
3,819,793 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
New America Growth Fund |
|
|
** |
|
|
|
6,576,293 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Equity Income Fund |
|
|
** |
|
|
|
10,803,673 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Equity Index 500 Fund |
|
|
** |
|
|
|
6,749,291 |
|
|
* |
|
|
T. Rowe Price Trust Company |
|
Growth Stock Fund |
|
|
** |
|
|
|
7,383,909 |
|
|
|
|
|
Harbor Capital Advisors, Inc. |
|
Harbor International Fund |
|
|
** |
|
|
|
7,480,592 |
|
|
|
|
|
Entergy Corporation |
|
Common stock; 1,641 shares |
|
|
** |
|
|
|
110,922 |
|
|
|
|
|
Citizens Communications |
|
Common stock, 42,959 shares |
|
|
** |
|
|
|
592,409 |
|
|
* |
|
|
Participant Loans |
|
Interest rates from 6.00% to 11.00% |
|
|
|
|
|
|
5,819,588 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
151,362,457 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
* |
Indicates party-in-interest to the Plan |
|
|
** |
Cost information in column (d) is not required for
participant-directed investments |
10
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of
1934, the Qualified Retirement Plans and Trusts Committee, the
Trustee, of the Atmos Energy Corporation Retirement Savings Plan
and Trust, as amended, has duly caused this annual report to be
signed on its behalf by the undersigned, hereunto duly
authorized.
|
|
|
ATMOS ENERGY CORPORATION
RETIREMENT SAVINGS PLAN AND TRUST |
|
|
|
|
|
John P. Reddy |
|
Chairman of the Qualified |
|
Retirement Plans and |
|
Trusts Committee |
June 24, 2005
11
EXHIBITS INDEX
|
|
|
|
|
|
|
Exhibit |
|
|
|
|
number |
|
Description |
|
Page number or incorporation by reference to |
|
|
|
|
|
|
4 |
|
|
Instruments defining rights of security holders: |
|
|
|
|
|
|
(a) Atmos Energy Corporation Employee Stock Ownership Plan
and Trust (Effective January 1, 1999) |
|
Exhibit (4)(f) of Form 11-K for the year ended
December 31, 1998 (File No. 33-57687) |
|
|
|
|
(b) Amendment No. One to the Atmos Energy Corporation
Employee Stock Ownership Plan and Trust (Effective
January 1, 1999), effective as of January 1, 1999 |
|
Exhibit (4)(b) of Form 11-K for the year ended
December 31, 2000 (File No. 33-57687) |
|
|
|
|
(c) Amendment No. Two to the Atmos Energy Corporation
Employee Stock Ownership Plan and Trust (Effective
January 1, 1999), effective as of June 1, 2000 |
|
Exhibit (4)(c) of Form 11-K for the year ended
December 31, 2000 (File No. 33-57687) |
|
|
|
|
(d) Amendment No. Three to the Atmos Energy
Corporation Employee Stock Ownership Plan and Trust (Effective
January 1, 1999), effective as of January 1, 2001 |
|
Exhibit (4)(d) of Form 11-K for the year ended
December 31, 2002 (File No. 33-57687) |
|
|
|
|
(e) Amendment No. Four to the Atmos Energy Corporation
Employee Stock Ownership Plan and Trust (Effective
January 1, 1999), effective as of July 1, 2001 |
|
Exhibit (4)(d) of Form 11-K for the year ended
December 31, 2001 (File No. 33-57687) |
|
|
|
|
(f) Amendment No. Five to the Atmos Energy Corporation
Employee Stock Ownership Plan and Trust (Effective
January 1, 2002), effective as of December 31, 2001 |
|
Exhibit (4)(e) of Form 11-K for the year ended
December 31, 2001 (File No. 33-57687) |
|
|
|
|
(g) Amendment No. Six to the Atmos Energy Corporation
Employee Stock Ownership Plan and Trust (Effective
January 1, 1999), effective as of March 1, 2002 |
|
Exhibit (4)(f) of Form 11-K for the year ended
December 31, 2001 (File No. 33-57687) |
|
|
|
|
(h) Amendment No. Seven to the Atmos Energy
Corporation Retirement Savings Plan and Trust (Effective
January 1, 1999), effective as of July 1, 2001 |
|
Exhibit (4)(h) of Form 11-K for the year ended
December 31, 2002 (File No. 33-57687) |
|
|
|
|
(i) Amendment No. Eight to the Atmos Energy
Corporation Retirement Savings Plan and Trust (Effective
January 1, 1999), effective as of November 1, 2002 |
|
Exhibit (4)(i) of Form 11-K for the year ended
December 31, 2002 (File No. 33-57687) |
|
|
|
|
(j) Amendment No. Nine to the Atmos Energy Corporation
Retirement Savings Plan and Trust (Effective January 1,
1999), effective as of December 3, 2002 |
|
Exhibit (4)(j) of Form 11-K for the year ended
December 31, 2002 (File No. 33-57687) |
|
|
|
|
(k) Amendment No. Ten to the Atmos Energy Corporation
Retirement Savings Plan and Trust (Effective January 1,
1999), effective as of May 1, 2003 |
|
Exhibit (4)(k) of Form 11-K for the year ended
December 31, 2003 (File No. 33-57687) |
|
|
|
|
(l) Amendment No. Eleven to the Atmos Energy
Corporation Retirement Savings Plan and Trust (Effective
January 1, 1999), effective as of January 1, 2003 |
|
Exhibit (4)(l) of Form 11-K for the year ended
December 31, 2003 (File No. 33-57687) |
12
|
|
|
|
|
|
|
Exhibit |
|
|
|
|
number |
|
Description |
|
Page number or incorporation by reference to |
|
|
|
|
|
|
|
|
|
(m) Amendment No. Twelve to the Atmos Energy
Corporation Retirement Savings Plan and Trust (Effective
January 1, 1999), effective as of October 1, 2004,
except as otherwise provided within the amendment |
|
|
|
23 |
|
|
Consent of Independent Registered Public Accounting Firm |
|
|
13