20240711Notice of Affiliate Transaction.pdf

RECEIVED
Thursday, July 11, 2024 10:40:10 AM
IDAHO PUBLIC
UTILITIES COMMISSION
Pacific Power Timothy K. Clark
PAC I F I CORP.
Rocky Mountain Power Assistant General Counsel
1407 W.North Temple,Suite 320
Salt Lake City, UT 84116
801-220-4565 Office
[e-mail]
July 11, 2024
VIA ELECTRONIC FILING
Idaho Public Utilities Commission
11331 West Chinden Boulevard
Building 8 Suite 201A
Boise, Idaho 83714-1021
Attention: Commission Secretary
Re: PacifiCorp Notice of Affiliate Transaction PacifiCorp and Kern River Gas
Transmission Company.
Case No. PAC-E-05-8
Pursuant to Commitment I 17(2), incorporated in the Idaho Public Utilities Commission
Order No.29973,issued February 13,2006,as supplemented by Order No.29998 March 14,2006,
in the above-referenced proceeding, approving the acquisition of PacifiCorp by MidAmerican
Energy Holdings Company (now Berkshire Hathaway Energy Company or BHE), PacifiCorp
hereby provides notice of an affiliated interest transaction with the Kern River Gas Transmission
Company ("KRGT"). The parties entered into an agreement whereby PacifiCorp will obtain an
encroachment permit(the"Permit")from KRGT.The Permit allows PacifiCorp to install electrical
facilities across KRGT's pipelines and right-of-way in Utah County, Utah. A verified copy of the
Permit is included here with this notice as Attachment A.
PacifiCorp is a wholly owned indirect subsidiary of Berkshire Hathaway Energy Company
(`BHE"). KRGT is also a wholly owned indirect subsidiary of BHE. Therefore,BHE's ownership
interest in both entities creates an affiliated interest relationship between PacifiCorp and KRGT.
A pipeline system owned and operated by KRGT transports natural gas to several western
states. Some of its Utah pipelines are sited within Utah County in an area used by PacifiCorp. This
Permit is needed by PacifiCorp to install a new power conduit across KRGT's pipelines and right-
of-way to provide service to customers. For the safe operation of KRGT's and PacifiCorp's
facilities, PacifiCorp will carry out the installation in compliance with the encroachment
specifications included in Attachment A. Acquiring the Permit is in the public interest because it
facilitates PacifiCorp's service to its customers.
The Permit will be provided at no cost with the understanding that PacifiCorp will cause
the encroachment at no expense to KRGT, and that PacifiCorp shall be responsible for restoring
all land that was disturbed by its encroachment.
Please do not hesitate to contact me if you have any questions.

Idaho Public Utilities Commission
July 11, 2024
Page 2
Sincerely,
.c-, Cl.-.
Timothy K. Clark
Assistant General Counsel
PacifiCorp
Enclosure:
Attachment A.pdf

ATTACHMENT A
to
PacifiCorp Notice of Affiliate Transaction

Date No.
�M
a Dale
.v n e,swams:nary a
sr%aala•. One Cadl lickel\uhb Cyo 0 p0Z O,3
•rt�a rnr ire,a��• �hiaarw�ti
ENCROACIINIEPNT PI RNII I
This F nsmachment Permit is made and entered into on the date mdicatcd below by and ltetween the encmashulg party(-PI RVII I III**)and Kern Riser Gas Transmission Company(-KI-RN
RIN I R"),as set Ionh bebw.Inr the puM,%c of aliow mg PI R\tl ll I'I to corntmct or maintain an ensroachmenl on KERN RIVER'S right of-way or facilities I act]hies shall ins lode.but are
not hntiled to lee properties,casements, ipehnes.nseter buildings and% e'Iles
. c
PF R\1111 F F.: 'LD C l fi�lsfLr Landowner\amc 16U0: STCtdNNbe'\ W'(1t , I `C
Landowner Name 1601: /� 1/Nyl�t'1.-Ljao'IhetZ. 'HV `u�•`_
\Mine: Jeff HOWcroft Easement Tract\utsl 16110: KUT- 3 f Sys+ 1601: K7 VT 3 7�
Address: 1407 West North Temple Salt Lake City,Utah 841A16 Phone: [phone]
I ocatlon of encroachment:❑CA ❑NV X' LIT/❑�W1 (bunt): UT A"(N�p/p (it): L� ❑EIA OrFIL❑LAS
1 inc N:-1�Milepost From: I N,l Rig To: I a 1. 7 D DO �Ltnlg.Stations: 50 1� 7 S� G
Section:_O_Township: Range:&1,%L GPS Coordinates: LO/!�' D, 7 S� LOONS�r "(I t 9-1(goo
Line N;_1.b01 Milepost From: , To: I O T.y�B/�SS Eng.Stations: SOWN I 12. Cam}
Section: Township:�Range:�W GPS Coordinates: LAT ' Ty 05�7 l F N • ^��I• s 36a
l y'�
Description of Encroachment: � •f' At Kee.% rGA.1 DIf�.�IMSlaI•u� n �l,<o�
This permit n granted to PERMITTEE subject to the t cond ui�,end any,pttialpins a`onss own below with the encmachmeyt spca ficauons s own on t e resers�si-it of_this form and (/' -�•
s ificalh in with the followingncmis)ega1�, �!. n(4AR1 Ge71.tdN 1 ItAT(711 tit!pec t1 `'} �s ems! 1�+ Wi.IA! c 4C+dTf Z t/►.t L �+ L- -
D IKIFtAtr wtA J l75(+1 au W A Y III r 1ph,;, l kq.. 1' )1 d, IN.- f lli-q I =Is r A eme vat G mile i T.-ec �C�L�IS-•-
NOTICE:ANY DAMAGES TO KERN RIVER'S FACILITIES SHALL BE REIMBI RSED IN ENTIRETY BY PERMITTEE I2,Wo v-4
It is understood that PERMITTEE will cause the encroachment at no expense w KFRN easement. Should KERN RIVER remove an) such encroachments, or
RIVER Pt RMITIEE shall be responsible for reaoration of all disturbed land on portions thereof,KERN RIVER will not be liable to PERMITTEE or its
KFRN RIVER'S right of way sawed M the constructwn or maintenance of said successors or assigns for any damages resulting by reason of such removal,
encroachment.PLRMITTI1 agrees to supply KERN RI\'ER plans and drawmgs,in except for those damages arising out of the sole negligence of KERN
detail.illustrating the proposed cnsmachnient and KE RN RIVER'S fealties,unless RIVER.
KI RN RIVrR elects not to require such plant
So that KLRNRINI R may schedule its personnel-tad not delay PERMITT FE'S work KERN RIVER may request evidence of general liability and other
-PE.RMM 1 F.agrees to null KF R\RIVER 48 houn before any work commences appropriate and usual insurance prior to an)actin it)andor construction on
On or near its right of way or near KFRN RIVE R's rights of way. In the e%ent of exca%ation under
This perms does not change or modify any proststons of KERN RIVER'S existing KERN RIVER's pipelines,KERN RIVLR must be named as an additional
nght of wq contracts m esemems this permit is recocabhe at KERN RIVER'S wle insured. Any rights of subrogation or reC0%ery will be wars ed by
disaretism fur safety reavms or for noncomphance with any terms,requirements. PERMIT-ILL in fa%or of KERN RIVER.The insurance limits,terms and
conditions andor specifications of this Permit upon carmen notice given to conditions that may be required w ill he dependent on the specific facilities
PERMI[ILL andorcurentowncrofrecord KFRN RIVER is not liable for any costs potentially impacted and what would be usually and prudenlh obtained in
or damages related to res onon of this permit similar indu,lry situations.
• DISC uI APALR OF W'ARRA\Il' KERN RIVER does nor warrant the condition of
its right of way or facilities nor its limes%or suitabilin for any panauhar purpose All metallic utility lines impacting KERN RIVER's pipelines shall have
nddmonally, KER` RIVER does net waram its right of way or facilities for cathodic test leads connecting both the utilit) and the pipelines KERN
subsidence,compaction or µeutechnrcal stability of any kind. RIVER will install,at PERMITEE'S expense,such test leads on its pipelines
PERMITTEE hereby represents and warrants that it has or will obtain prior to if required. If KERN RIVER determines in its sole discretion that
WMM.1010n all necessary agreements,appm%ahs,authorizations,certificates,licenses, interference studies and or mitigation(including;but not limited to,bonds
zoning and permits from any and all landowners and agencies,public and private,for or gahanic drains)are required,PERMITTEE agrees to pay for the studies
the construction■cuuties set forth herein and or mitigation necessary to protect against the metallic utility lines.
Speelal pros lsiners: For high %oltage AC power lines,high %oltage DC power lines or DC
traction systems impacting KFRN RIVER's pipelines, if KERN RIVER
determine%in its sole discretion that AC or DC mitigation studies andor AC
• PERMI7-TTF.agrm to sa'e and hold hamikss ILL RN RNER its Officers.agents, or DC mitigation is required from any of PF.RMITTEE'S facilities,
employees and its subcontractors and their officen,agents and employees from any and PE lading t agrees to pay for the studies andor mitigation main necessary
all claims fordamages.Injury ordemh resulting from the continuation and maintenance the mitigation
future studies andor additional mitigation,and maintenance of
the mitigation,},iciest to protect against the power hna for the life of the
of said encroachnunt. A KERN RIVER reprc+esiuuve must be present during all Tacit'[s.
construction scu%oscs P£RMITTTF.shall be liable for all costs nisurred for any -
darnaµe% PE RMITTFF
WVI RNING LAW AND JURY WAIVER This Agreement and the rights and duties ��,i�
of the panics ansmµw ta of this Agreement shall be goy cried by and construed inOn th1%26-da%of^-N-a-rL-•20 24 I acknowledge that I have mcmed,and res sewed
acamtance with the laws of the Suite of Ctah,except provisions of that law refiring to w ih a KI RN RlV I R represematise,the requirements,condivon%and spccificauons of
goy ernarne or construction of the laws ,I another Jurisdiction Any saL aaiorS or this Perms 1 also understand the pins sion and pre—hed penalties a'pros rded under the
pri—edmg arismg t•n of or relating to this Agreement may Only he tnstiwted of a state law rcganlm x asati n
Or federal court m Sal I like Cny.I,tah I ach pain causes an)oblectme which n may By:
ha'e amiss to hereafter to exclu-ir venue of%wh action or proceeding in the sate or Title; Diregowroject Manage ent and Planning
federal towns of Sal I ake Cny,t'tah,and irrevocably submits to the lunsdiction of any
such male or fedonl coin in an)such sun,action or pmceedmg TO THE FULLEST Your localKERN
lKKE RIVER contact is:
FXTES
ANNF SIT PFRMFrTFD BY LAW, (RIG IfT IT MAY HAVE TO AI TRIAL OF FBY JURY PARTIFS IINRRESPFCTETO VOF C.• Ol W���KW'
LITI(,%f ION DIRFMY OR INDIRECTLY ARISING OIT OF,US'DER OR IN ^•�
CO\\I( I ION WITH Till%AGRFFMFNT Phone a; SO I. 7,092,- /2C 1 3
EACH PARTY EIIRTIII R WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION 1.N 11'IIR II A JURY TRIAL HAS BEEN WAIVED WITH KERN RIVER GAS TRANSMISSION COMPANY
ANY OTHER ACfIO\1\WHICH A JURY TRIAL CANNOT BE OR HAS
NOT BFEN WAIVED
pVOI�D�WITHO! AUTHORIZATION
• PERMfT-TEE agree,that KERN RIVER may nrno%c any encroachment.or
portion thereof, if in KERN RIVER'S sole Judgment it is reasonably
necessary to do so in order to construct,alter,maintain,prule%f.repair or — I C t
replace gas transmission facilities located within the right /
of way and Title: _ l � C661C(1�1
1(R67 1o091Rn at:Ii Diamitiriw: who, Donut Pros land L.aldea Road P—ot. Pap 11 d2
►card dtwsaiea oay br w or der IbITERNAL