20240712Notice of Affiliate Transaction.pdf

RECEIVED
Friday, July 12, 2024
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 12, 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 BNSF Railway 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 (`BHE"), PacifiCorp
hereby provides notice of an affiliated interest transaction with the BNSF Railway Company
(`BNSF").
PacifiCorp entered into an agreement with BNSF for a Consent, Non-Disturbance and
Recognition Agreement(the "Agreement") that will benefit PacifiCorp and its customer Amazon
Data Services, Inc. ("ADS"), an entity that is also a parry to the Agreement. ADS owns certain
property in Umatilla County, Oregon. PacifiCorp has an exclusive easement for a substation and
is acquiring other powerline easements on this ADS property.
On land adjacent to the ADS property BNSF holds an existing lease for a microwave tower
site, together with other rights, such as erecting and maintaining power line(s) over and across
nearby lands including ADS property, along with the rights of ingress and egress. As such these
BNSF senior rights could negatively affect PacifiCorp assets should BNSF choose to exercise
them and make PacifiCorp move infrastructure. This Agreement is necessary then to secure
BNSF's recognition of and commitment to not disturbing the rights of PacifiCorp and ADS. The
attachment contains commercially sensitive information that could expose PacifiCorp and BNSF
to competitive injury if disclosure is unrestricted. A true and correct copy of the proposed
Agreement is included with this Notice as Confidential Attachment A and PacifiCorp requests that
it be treated as confidential.
PacifiCorp is a wholly-owned indirect subsidiary of BHE, which is a subsidiary of
Berkshire Hathaway Inc. BNSF is also a subsidiary of Berkshire Hathaway Inc., thus creating an
affiliated interest relationship between PacifiCorp and BNSF.

Idaho Public Utilities Commission
July 12, 2024
Page 2
Any compensation that BNSF may seek for consenting to the Agreement's terms ADS will
be responsible for paying without recompense from PacifiCorp. Entering into the Agreement is in
the public interest because it secures PacifiCorp ability to carry out work at the ADS property
without undue interference or delays.Without the Agreement,PacifiCorp cannot reasonably assure
it can meet its obligation to provide safe and reliable electric service. As the senior rights holder,
BNSF is the only entity that can through the Agreement provide this assurance to PacifiCorp.
Please do not hesitate to contact me if you have any questions.
Sincerely,
k
Timothy K. Clark
Assistant General Counsel
PacifiCorp
Enclosure:
Confidential Attachment A.pdf

CONFIDENTIAL ATTACHMENT A
IS CONFIDENTIAL IN ITS ENTIRETY
AND IS PROVIDED UNDER SEPARATE COVER