HomeMy WebLinkAbout20240819Notice of Affiliate Transaction.pdf RECEIVED
Monday, August 19, 2024
IDAHO PUBLIC
UTILITIES COMMISSION
PAC I F I CORP. Pacific Power Timothy K. Clark
Rocky Mountain Power Assistant General Counsel
1407 W.North Temple,Suite 320
Salt Lake City, UT 84116
801-220-4565 Office
Tim.Clark@pacificorp.com
August 19, 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 Bank of America N.A.
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 Bank of America N.A. ("Bank of
America"). Bank of America is parry to the Second Amendment to the Third Credit Agreement, a
true copy of which is included with this filing as Confidential Attachment A.
PacifiCorp requests confidential treatment for Attachment A. The document labeled as
confidential includes commercially sensitive information related to the form of borrowing against
the credit agreement. This confidential business information is of significant commercial value,
which could expose the Company to competitive injury and/or the potential for commercial fraud
against the Company if disclosure is unrestricted.
PacifiCorp is a wholly-owned, indirect subsidiary of Berkshire Hathaway Energy
Company. In turn, BHE is a subsidiary of Berkshire Hathaway, Inc. ("Berkshire Hathaway").
Berkshire Hathaway, various subsidiaries of Berkshire Hathaway and various employee benefit
plans of Berkshire Hathaway subsidiaries together held an interest in excess of five percent of
Bank of America common stock. Therefore, Berkshire Hathaway's ownership interest in Bank of
America may create an affiliated interest in some PacifiCorp jurisdictions.
PacifiCorp amended and extended the revolving credit agreement as part of an overall plan
to replace existing credit agreements before their expiration. Confidential Attachment A is the
credit agreement. This agreement will allow PacifiCorp to borrow up to
$3 billion. As a public utility, the Company is expected to acquire, construct, improve, and
maintain sufficient utility facilities to serve its customers adequately and reliably at reasonable
cost. Revolving credit agreements, borrowings thereunder and other short-term borrowings are
Idaho Public Utilities Commission
August 19, 2024
Page 2
part of a program to finance the Company's facilities taking into consideration prudent capital
ratios,earning coverage tests,and market uncertainties as to the relative merits of the various types
of securities the Company could sell. Accordingly,the transaction to which Bank of America will
be a party, is consistent with the public interest.
Please do not hesitate to contact me if you have any questions.
Sincerely,
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