20130118Notice of Affiliate Transaction.pdf

PACIFICORP Mark C Moench
Senior Vice President and General Counsel
A MIDAMERICAN ENERGY HOLDINGS COMPANY AH I P in: i g201 S. Main Street, Suite 2400
Salt Lake City, UT 84111
DAM 1C)p.n:::. 801-220-4459 Office
LTILI i]E3 COW [e-mail]
January 18, 2013
VIA OVERNIGHT DELIVERY
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 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 ("MEHC"), of an affiliate
interest transaction. Filed concurrently as Attachment A is the Right of Way Easement
("Easement") between PacifiCorp, and BNSF Railway Company ("BNSF"), Work Order No.
05679950.
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.
The Company provides retail electric service to BNSF's depot located in Yakima,
Washington. BNSF is relocating a section of its tracks leading to the depot to accommodate the
City of Yakima's street improvement project near the depot. As a result, the Company must
relocate a portion of the underground facilities used to serve BNSF at this location, which
requires a new easement. 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 easement 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. There is a $600 application fee that was paid
by the City of Yakima.
Idaho Public Utilities Commission
January 18, 2013
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. Additionally, the Easement allows
the Company to provide electric service to BNSF
Please do not hesitate to contact me if you have any questions.
Best Regards,
Mark C. Moench
Senior Vice President and General Counsel
PacifiCorp
Enclosures
Return to: Pacific Power
500 N Keys Road
Yakima, WA 98901
CC# 11531 WO# 05679950
Tracking #:
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 70 feet in length and 10 feet in width, 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 Yakima
County, State of Washington, more particularly described as follows and/or shown on Exhibit A attached
hereto and by this reference made a part hereof:
A portion of:
That property located within the W ½ NW 34 of Section 19, in T13N, R19E of the Wilhiwne#e
Meridian, Yakima County, Washington, as depicted on Exhibit A
Assessor's Parcel No 191319-23017
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 easement 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
To the fullest extent permitted by law, each of the parties hereto waives any right it may have to a
trial by jury in respect of litigation directly or indirectly arising out of under or in connection with this
Agreement Each party further waives any right to consolidate, or to request the consolidation of, any
Ray. 8/6/2012
action in which a jury trial has been waived with any other action in which a jury trial cannot be or has
not been waived.
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, Mr. Andrew Vulgas at 602 W 3rd Stree4 Ellensburg,
WA, 98926, telephone [phone] or cell [phone], 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. Notwithstanding the foregoing sentence, Grantee may enter the Premises as reasonably
necessary to respond to emergencies or outages without providing notice to Grantor.
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 17 0 day of
zrt— ?T ,0~t-
Carrie Thompson,
Manager - Land Revenue Management
REPRESENTATIVE ACKNOWLEDGEMENT
State of _/y:1ll 1.
County of JU1-Af7
This instrument was acknowledged before me on this 1*- day of 2 C) I 2
by , as
Name of Representative! 0 Ti e
J
of Representative
of) Al SF 12-ii)1uii ____________
Name of Entity on bthalf of$d1n this insiruAicnt wasecuted
JOYK 00M Nc/
STATE OF TEXAS My commission expires:
MMINS P. 3-56486