20190221Notice of Affiliate Transaction.pdf

YPacrnConp , _,,.,.:t R.Jelf Richards. - , i : - ,/ Wce President and General Counsel
1407 W. North Temple, Suite 320' -'' ; l' l: i $olt LakeCitY, aT 84tt6' 801-220-4734 Ollicei., [e-mail]
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February 21,2019
Idaho Public Utilities Commission
472West Washington
Boise,lD 83702-5983
Attention: Diane Hanian
Commission Secretary
Re: PacifiCorp Notice of Affiliate Transaction
Case No. PAC-E-05-8
Dear Ms. Hanian:
This letter will serve as notice pursuant to Commitmentl l7(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 "BFIE"), of an affiliate transaction with Apple Inc. ("Apple") for a perpetual, non-
exclusive easement allowing PacifiCorp to install transmission line across Apple property in
Prineville, Oregon. A verified copy of the Right of Way Easement ("Easement") is included with
this Notice as Attachment A.
PacifiCorp is a wholly-owned indirect subsidiary of BHE. BFIE is a subsidiary of Berkshire
Hathaway, Inc. Berkshire Hathaway, [nc. also has an ownership interest in Apple. Therefore,
Berkshire Hathaway, Inc.'s ownership interest in BFIE and Apple creates an affiliated interest
relationship between the Company and Apple in some PacifiCorp jurisdictions.
PacifiCorp is installing transmission line on Apple property to connect the Corral and Friend
substations to accommodate added load in the area. To accommodate the added load, PacifiCorp
will be adding 1l5kv line and pole structures that requires crossing Apple's property. The
Easement will extend the right of way PacifiCorp currently has with Apple. PacifiCorp paid
$27,555 total for the Easement. The $27,555 was based on a Broker Opinion of Value used to
determine property values in the area.
Obtaining the Easement is in the public interest because it allows PacifiCorp to install and maintain
facilities necessary to provide electric service and meet its obligation to provide safe and reliable
elechic service. Without the easement, PacifiCorp would not be able to meet its obligation to
provide electric service. As the property owner, Apple is the only entrty that can provide the
License to PacifiCorp.
Diane Hanian
Notice of Affiliate Transaction
February 21,2019
Page2
Please do not hesitate to contact me if you have any questions.
Best Regards,
R. Jeff
Vice President and General Counsel
PacifiCorp
Enclosures
Rctunr to: Pacilic Power
Aun: Right of lloy Department
E25 NE Mnltnomah St., Suite 1700
Poriland, OR 97232
CC#: l l23l WO#: 10064894
RICHT OF WAY EASEIITENT
For valuc reccivc'd, APPLE INC., a California corporation ("Crantor"). hcrcby grants to
PACIFICORP. an Orcgon corporation. its succcssors and assigns ("Crantec"). a perpetual. non-cxclusive
easement for a right of way in variable rvidth and length, as shown on the exhibits attachcd hereto: for the
construction. reconstruction. operation. rnairrtenarrce, repair, replacemenl. enlargcrncnt, and rcmoval of
Grantee's electric powcr transmission. distribution and cornrnunication lincs and all neccssary or desirablc
accessories and appurtenances thercto. inctudirrg without lirnitation: supporting towers. poles, props. guys
and anchors. including guys and anchors outside of the right of way; wires. fibers. cables and othcr
conductorc and conduits thcrcforl and pads. transfonncrs. switchcs. vaults and cabincts. on, ovcr. across or
undcr the surface of thc real propcrty of Grantor in Crook County. Statc of Oregon, more particularly
dcscribedasfollowsand/orshownonW!-g,(..EasemcntArea'.)attachedherctoandbythis
rcfcrcnce madc a part hcrcof. Any elcctrical scrvicc to Grantor's adjaccnt facilitics will bc scrvcd via
Grantce's transmission systcm including lincs that Grantce may install in thc Eascrncnl Arca.
Together with the right of ingrcss and cgress, for Grantce. its contractors, or agents (collectively.
the "Grantce Parties"), to thc Eascmcnt Arca frorn adjaccrtt lands of Crantor for all activities in conncction
with the purposes for which this cascmcnt has bccn grantcdl and togcther with thc prcscnt and (without
payment thercfor) the future right to kc'ep thc Eascmcnt Area clcarof all brush. trccs. timber. structurcs,
buildings and other hazards which rnight endangcr Grantcc's facilities or impede Grantee's activitics,
Grantcc Partics' right of ingress and egrcss ovcr Grantor property to acccss the Eascment Arca shall (a)
utilize Crantor's sccurity checkpoint unlcss direct acccss frotn a public road is availablc, (b) comply with
Grantor's security and site acccss protocols. and (c) utilize all roads. paths and access points upon Grantor's
property so as to minimize the damage and disruption to Grantor's propcrty attributable to Crantcc's use of
thc Eascment Arca. Notwithstanding thc forgoing. in the case ofan emergency. defined as a need lo respond
to a powcr outagc or irnrnincnt threat of outagc. the Gratrtee rnay utilize a dcdicated key lock box lo access
the Easenrent Arca if thc socurity checkpoint othcrwise docs not provide immcdiatc acccss.
Grantor reservcs the right to use and maintain all existing infrastructure. utilities and other
existing scrvices within the Easement Area. Prior to constructing any improvements in the Easement
Area. Grantec shall (i) conduct a utility survey to locate all existing infrastrucrure. and (ii) develop all
plans and spccifications for any improvcmcnts to bc constructed within the Eascmcnt Arca to avoid
interfcring with any cxisting infrastructurc.
At no time shall Crantor place. use or pcnnit any cquiprncnt, rnatcrial or vegctation of any kind
that cxcccds twelve ( l2) fect in height. light any fircs. place or store any flarnrnable rnaterials. on or rvithin
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the Easement Area. Subjecl to the lbregoing lirnitations. Grantor shall have thc right to install and maintain
duct banks and othcr undcrground utilities, landscaping. roads, curbs. guncrs..security fencing, drainage
and related appurtenances and improvements upon and under the Easement Area provided that such
irnprovcmcnts ( I ) do not unrcasonably interfcre with thc purposc for which this casement has bccn granted.
and (2) comply with all applicable codes and laws. Crantor shall consult with Grantee prior to making such
improvemcnts and Grantec shall cooperate with Grantor to dcfinc tcrms, in accord with thc then applicablc
safcty codcs. to govern any intcnded crossing ofthe Easement Arca.
JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW. EACH OF THE
PARTTES HERETO WAIVES Arr*Y RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF
LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF. LJNDER OR IN COT.iNECTION
WITH THIS EASEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TOCONSOLIDATE. OR
TO REQUEST TllE CONSOLIDATION OF. ANY ACTIOI,{ IN Wlllcl.l A JURY TRIAL HAS BEEN
WATVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT
BEEN WAIVED. THIS PARAGRAPH WILL SURVIVE THE EXPIRATION OR TERMINATION OF
THIS AGREEMENT.
Grantor rcprescnts and warrants that it possesses all right. title and intcrest in and to thc Eascment
Area.
Thc rights and obligations of thc parties hercto shall bc bindiug upon and shall bcnclir their
rcspective hciru. succcssors and assigns aLd plpll run with thc land.
Dated this
-
W .ruv "r Nlo(dlnhdf . zore
CRANTOR
APPLE I corporation
REPRESENTATI\IE ACK:{OWLEDGE[IEI'iT
By:
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Statc of
County of
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Notary Public
My commission expires:
GRANTEE
PAClflC()RP, an Oregon corporation
A/ /**v
Deanna Adarns
Director. Real Management
Date:
REPRESENTATIVE ACKNOWLEDCEMENT
STATE OF OREGON
COUNTY OF MULTNOMAH
This instrument was acknowledged before me this ?o$ a^y
by Deanna Adarns. Director. Real Estate Management for PacifiCorp. an Oregon corporation.
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OFFICIAL STAMP
IMOGEN RUTH TAYLOB
NOTARY PUBLIC - OBEGON
coMMrsstoN No.973780
MY COMMISSION EXPIRES APRIL 17,2022
of No'lgrrrggP* .20 t8.
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Notary
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CAIIFORIIIA ALL.PURPOSE ACKilOWLEDGiIEI{T clvrl coDE s 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
documenl to which this certificate is attached. and not the truthfulness, accuracy, or validig of that document.
State of
County of
On
Date
personally appeared
Here of the
Name(s)of
who proved to me on the basis of satisfactory evidence to be the pjqonfi whose namepl islr
subqlped to the within instrument and acknowle4q{ to me that h{fuIhl7 executed the same in{rs@f6fr authorized capacity(icG), and that byai{Ter/hrsignature{ffi the instrument the person6l?
or the entity upon behalf of which the persoryFfactdf-, executed the instrument.
I certify under PENALW OF PEBJUBY under the laws
of the State of Califomia that the foregoing paragraph
is true and conect.
WITNESS my hand and official seal
Place Notary SealAbove
OPTIONAL
Though tlrls section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:Document Date:
Number of Pages: Signe(s) Other Than Named Above:
Gapacity(ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
Corporate Officer - Title(s):Corporate Officer - Title(s):
me,
Partner - Limited Generallndividual Attorney in FactTrustee Guardian or Conservator
Partner- Limited , Generallndividual lAttorney in Facl- Trustee I Guardian or Conservator
Other:Other:
Signer ls Representing:Signer ls Representing:
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Exhibit A
LEGAL DESCRIPTION FOR A POWERLI\E EASEMENT LOCATED L\I THE NEI 4 OF
SECTION 12. TOW].ISHIP l5 SOUTH. RAI.IGE l5 EAST AIYD IN THE ]rWli4 OF
SECTION 7" TOWNSHIP 15 SOUTH. RANGE 16 EAST, W.M., CROOK COUNTY.
OREGON
LEGAI DESCRIPTION - PO\\'ERLTNE EASEMENT +1
I*sal descriptron for a powedroe easement. located across Parcel I of Panrtion Plat No l0l-l-
05. Records of Crook CouoN. Oregon. rn the Northeast ooe-quarter (NEl,'4) of Seclron ll.
Tormshrp 15 South. Range 15 East, W.M.. Crook Couuty. Oregon" Drore partrcularh'descnbed
as follou's, Beprunrng at the Southeast conter of sud Parcel I, thence North l7"l I'll ' West a
distanee of 133.99 feel to the True Pornt of Beginning of this descnptroo. thence Nortb
00035'09" S/est a drstance of 1097 39 feet. therce North 66"09-43" West a drstanee of 65 30
feet to the East hne of sard Parcel I. thence North 00o15 09" West along taid East hne a
drstanceof 1081-48feet: thmceNorth40o0l'46"Westadrstanceof4ll.5lfeettotheNolth
hne of sud Parcel l. thence South 89"09'36'' West along sard North hne a drstance of 103 ll
feet: thence Soutb {0o01 46'' East a drstance of 4.19 05 feet. thence South 00'i5'09" East a
&staoce of Il7'l 05 feet. thence North 89"I3 I l" East a drstatrce of l0 00 feet to the True Pomt
of Beeurnrng Contau; 143 l5l sqtrare feet
LEGAL DESC'RIPTIO}_ - PO\VERLDG EASEMENT +]
Legal descnption for a porredure earetrent. located m the North\rest one-grnrter (NWI {) of
Sechon r. Tos:r:hrp 15 South Rance 16 East. \tr !I.. Crook Couurr'. Orecon. urore particularlv
descnbed as follorrs: Beguuung at the \\'est oue-quarter coruer of sard Sectrou 7. tlrence North
O0r-15'0g"Westalongthe\l'ertlrueofmrdSectrouTadtsta$ceof ll34.l-ifeet: thenceNorth
66s09'{3" East a distance of 65 30 feet: tlrcuce South 00"35"09"'East a distance of 1l-s9.91 feet.
thence Sqrth 89"13'l l" IVest a dislarce of 60.00 feet to the Pornt of Begrnnn!'. contauung
68.815 square feet.
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Exhibit B
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