20120425Notice of Affiliate Transaction.pdf

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UTILITIES COMMISSION
Mark C. Moench
Senior Vice President and General
Counsel
201 S. Main Street, Sidle 2400
Salt Lake City, UT 84111
801-220-4459 Office
801-220-4058 Fax
mark. mnpneh(i,)nadfienrn. en,,,
April 25, 2012
VIA OVERNIGHTDELIVERY
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
Attention: Jean D. Jewell
Commission Secretary
Re: PacifiCorp Notice of Affiliate Transaction
Case No. PAC-E-05-8
Dear Ms. Jewell:
This letter will serve as notice pursuant to Commitment 117(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 ("MEHC"), of an affiliate
interest transaction. Filed concurrently as Attachment A is the Right of Way Easement
("Easement") between PacifiCorp (the "Company"), and BNSF Railway Company ("BNSF"),
Tracking No. 12-45042.
PacifiCorp is a wholly-owned indirect subsidiary of MidAmerican Energy Holdings
Company ("MEHC"). MEHC is a subsidiary of Berkshire Hathaway, Inc. BNSF is also a
subsidiary of Berkshire Hathaway, Inc. Therefore, Berkshire Hathaway, Inc.'s ownership interest
in MEHC and BNSF may create an affiliated interest in some PacifiCorp jurisdictions.
PacifiCorp provides retail electric service to BNSF's rail yard located in Klamath Falls,
Oregon. BNSF desires to upgrade its service, which will require the installation of a 12 kilovolt
overhead distribution line over 145 longitudinal feet of BNSF's property. Without the Easement,
the Company's ability to provide adequate, safe and reliable service to its customers would be
diminished.
Typically BNSF charges $3,000 to $5,000 for agreements of this nature. However,
because the Easement is needed so that the Company can provide electric service to BNSF, there
will be no charge for the Easement.
Idaho Public Utilities Commission
April 25, 2012
Page 2
Obtaining the Easement is in the public interest because it allows the Company to install
and maintain facilities necessary to provide electric service and to meet its obligation to provide
safe and reliable electric service. Not having the Easement would mean that PacifiCorp would
not be able to meet its obligation to provide electric service. As the property owner, BNSF is the
only entity that can provide this Easement to the Company.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Mark C. Moench
Senior Vice President and
General Counsel
Rocky Mountain Power
Enclosures
Return to: Pacific Power
1950 Mallard Lane
Klamath Falls, OR 97601
CC#: 11176 WO#: 05640386
Tracking #12-45042
RIGHT OF WAY EASEMENT
For value received, BNSF RAIL WAY COMPANY, a Delaware corporation ("Grantor"), hereby
grants to PacifiCorp, an Oregon corporation, its successors and assigns, ("Grantee"), a perpetual easement
for a right of way 145 feet in length, more or less, for the construction, reconstruction, operation,
maintenance, repair, replacement, enlargement, and removal of Grantee's electric power transmission,
distribution and communication lines and all necessary or desirable accessories and appurtenances
thereto, including without limitation: supporting towers, poles, props, guys and anchor, including guys
and anchors outside of the right of way; wires, fibers, cables and other conductors and conduits therefor;
and pads, transformers, switches, vaults and cabinets, along the general course now located by Grantee
on, over, across or under the surface of the real property of Grantor in Klamath County, State of Oregon,
more particularly described as follows and shown on Exhibit 'A' attached hereto and by this reference
made a part hereof:
A portion of:
That property described in deedfrom John W. Cabler (grantor), to Great Northern Railway
Company (grantee), recorded May 8, 1931 in book 95, page 231, Klamath County Deed
Records, located within the Southeast one-quarter of the Southeast one-quarter of Section 9,
Township 39 South, Range 9 East, Willamette Meridian, in the County ofKiamath and State of
Oregon.
Assessor's Map No. 3909 09D
Together with the right of ingress and egress, for Grantee, its contractors, or agents, to the right of
way from adjacent lands of Grantor for all activities in connection with the purposes for which this
easement has been granted; and together with the present and (without payment therefor) the future right
to keep the right of way and adjacent lands clear of all brush, trees, timber, structures, buildings and other
hazards which might endanger Grantee's facilities or impede Grantee's activities.
At no time shall Grantor place, use or permit any equipment, material or vegetation of any kind
that exceeds twelve (12) feet in height, light any fires, place or store any flammable materials (other than
agricultural crops), on or within the boundaries of the right of way. Subject to the foregoing limitations,
the surface of the right of way may be used for agricultural crops and other purposes not inconsistent, as
determined by Grantee, with the purposes for which this easement has been granted.
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Prior to entering the Premises, Grantee shall and shall cause its contractor to comply with all
Grantor's applicable safety rules and regulations.
Grantee shall notify Grantor's Roadmaster, Randy Searer at 1800 Laverne Avenue, Klamath
Falls, OR,, telephone [phone] or 541-892-5639, at least ten (10) business days prior to construction
of the Electric Supply Line and prior to entering the Premises for any subsequent maintenance thereon.
The rights and obligations of the parties hereto shall be binding upon and shall benefit their
respective heirs, successors and assigns and shall run with the land.
Dated this __________ day of 920
BNSF RAILWAY COMPANY
Jones Lang LaSalle Global Services - RR, Inc., its Attorney in Fact
Ed Darter, Vice President - NationalAccounts
REPRESENTATIVE ACKNOWLEDGEMENT
Stateof__________________________________
Ss.
County of___________________________
This instrument was acknowledged before me on this * day of , 2
by as Name of Representative Title of Representative
Of ______________________________________________
Name of Entity on behalf of whom this instnnnent was executed
[Seal] Notary Public
My commission expires:
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TRACKING NO. 12-45042
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
BNSF RAILWAY COMPANY
No
PACIFICORP
SCALE: 1 IN.=J.QQFT. SECTION: 09#10 Ott R
NORTHWEST DIV. TOWNSHIP. 39S
GATEWAY SUBDIV. L.S. QQ5 RANGE: 09E 01 1
DATE 04/04/2012 MERIDIAN: _WILLU
U
C. IC U
LI..
77
NOTE: DESCRIPTION OF WIRES OVER TRACK TOTAL LENGTh ON BNSF WIRES LOCATED AS SHOWN BOLD
DISTANCE ABOVE CLEARS RAILWAY TYPE NUMBER VOLTAGE TOP OF RAIL COMPANY'S WIRES
ELECTRIC 4 12KV - -
AT KLAMATH FALLS

COUNTY OF KLAMATH STATE OF OR JHL
DRAWING NO. 1-54531
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