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Home My WebLink About20191029Notice of Affiliate Transaction.pdfYPacrrConp RECEIVED ir! ccT ze pri 12, oo 'rfi!A1i?;fi"!r,,, R. Jeff Richards Vice Presidenl and General Counsel 201 S. Msin Street, Suite 2400 801-220-1058 Fux October 29, 201 9 ( g1 g { eIL r i c n t r *@4 a c iJi c o rp. c o m VIA OVERNIGHT DELIVERY Idaho Public Utilities Commission I 1331 West Chinden Blvd Building 8 Suite 201A Boise, Idaho 83714 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 Commitment I l7(2), incorporated in the Idaho Public Utilities Commission Order No. 29973 issued February 13,2006, as supplemented by Order No. 29998 issued March 14, 2006, in the above-referenced proceeding, approving the acquisition of PacifiCorp by MidAmerican Energy Holdings Company (MEHC), I of an affiliated interest transaction with Wells Fargo Bank, N.A. (Wells Fargo) for an easement allowing PacifiCorp to relocate an existing distribution line onto Wells Fargo properly in Corvallis, Oregon. A copy of the Right of Way Easement (Easement), is included with this Notice as Attachment A. PacifiCorp provides electric service to Wells Fargo and surrounding businesses through an overhead distribution system located in the alleyvay behind the businesses. Due to the narrowness ofthe alleyway, garbage trucks have impacted the distribution poles, causing damage. In an effort to reduce future vehicle contact, PacifiCorp contacted Wells Fargo to discuss relocating the poles onto Wells Fargo property. Wells Fargo's property is the only property with space to accommodate the necessary relocation. This transaction is related to the distribution ofelectric service in Oregon and therefore does not aff'ect Idaho rates. Notwithstanding, PacifiCorp is providing this notice out ofan abundance olcaution to ensure consistent treatment of affiliate contracts. I,l ' As ofApril 30,2014, MEHC was renamed Berkshire Hathaway Energy Company. PacifiCorp is a wholly-owned indirect subsidiary of Berkshire Hathaway Energy Company (BHE). BHE is a subsidiary of Berkshire Hathaway, Inc. Wells Fargo is also a subsidiary of Berkshire Hathaway, Inc. Therefore, Berkshire Hathaway, Inc.'s ownership interest in BHE and Wells Fargo creates an affiliated interest relationship between the company and Wells Fargo in some Company jurisdictions. Idaho Public Utilities Commission October 29, 2019 Page 2 Wells Fargo has agreed to grant the easement to PacifiCorp at no cost. Obtaining the Easement is in the public interest because it allows PacifiCorp to relocate existing facilities necessary to provide electric service and to meet its obligation to provide safe and reliable electric service. Without the Easement, PacifiCorp would not be able to meet its obligation to provide electric service. As the property owner, Wells Fargo is the only entity that can provide the Easement to PacifiCorp. Please do not hesitate to contact me ifyou have any questions. Best Regards, R. Jeff Richards Vice President and General Counsel PacifiCorp Enclosures Retum to: Pacific Power P.O. Box 248 Albany, OR 97321 CCH: 1126l WO#:6138677 BIGtrLAEJ{AY- EASEMENI For value received, Wells Fargo Bank, N.A., a national banking association, successor-in- interest to First National Bank of Oregon, a national banking association ("Grantor"), hereby grants to PacifiCorp, an Oregon corporation, its successors and assigns, ("Grantee"), subject to all existing encumbrances and matters of public record, a perpetual easement for a right of way 10 feet in width and 255 feet in length. more or less (the "Easement Area"), for the construction, reconstruction, operation, maintenance, repair, replacement, and removal of Grantee's electric power transmission, distribution and communication lines and all necessary accessories and appurtenances thereto, including without limitalion: supporting towers, poles, props, guys and anchors, wires, fibers, cables and other conductors and conduits therefor; along the general course now located by Grantee on, over. across or under the surface ofthe real property of Grantor in Benton County, State ofOregon. The Easement Area is more particularly described as follows and/or shown on Exhibit(s) A & B attached hereto and by this reference made a part hereof: A portion ofi Lots 7,8,9, 10, ll and 12, Block 12, Original Town of Marysville, now City of Corvallis Assessor's Map No. I 1535DC06000 Parcel n-o. 1233 84 Together with the right ofingress and egress, for Grantee, its contractors, or agents, to the Easement Area flom adjacent lands ofGrantor for all activities in connection with the purposes for u'hich this easement has been granted; and together with the present and (without payment therefor) the future right to keep the Easement Area clear of all brush, trees, timber, structures, buildings and other hazards which might endanger Grantee's facilities or impede Crantee's activities. Grantee shall use the Easement Area in a manner that does not unreasonably interfere with the normal business operations of Grantor or its employees, tenants, contractors, licensees, assignees, successors, agents, employees and invitees on the adjacent lands. Grantee shall (i) accept the Easement Area in its "as-is" and "where-is" condition and without any warranty or representation whatsoever from Grantor regarding its size, condition or suitability for Grantee's intended use, (ii) not store, use or dispose of any hazardous or flammable materials on or about the Easement Area, and (iii) indemnily, defend and hold Grantor harmless from and against any property damage, injuries or deaths which arise out of or in any way relate to the use ofthe Easement Area by Grantee or its employees, assignees, licensees, contractors, subcontractors and agents. Rev. I l,/6/201 7 At no time shall Grantor place, use or permit any equipment, material or vegetation ofany kind on the Easement Area that exceeds twelve (12) feet in height, light any fires, place or store any flammable materials, on orwithin the boundaries ofthe Easement Area. Subject to the foregoing limitations, the surlace ofthe Easement Area may be used for other purposes not inconsistent with the purposes for which this easement has been granted. Jurv waiver. 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 easement. Each party further waives any right to consolidate, or to request the consolidation of, any action in which ajury trial has been waived, with any other action in which ajury trial cannot be or has not been waived. This paragraph will survive the expiration or termination of this agreement. The rights and obligations ofthe parties hereto shall be binding upon and shall benefit and burden their respective heirs, successors and assigns and shall run with the land. "Grantor" Wells Fargo Bank, N.A., a national banking association B]': David Danis Senior Vice President By: Josh Gutzwiler Vice President Rev. I l/6/2017 Dated this_day of _,20-. A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthe document, ACKNOWLEDGMENT State of California Countv of On before me, _, Notary Public, personally appeared , who proved to me on ihe basis of iatisfactory *id.n"" to b. th. p.oon(, *hor" *..(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument. I certi! under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My commission expires: Commission number: (Seal) Rcv. ll/6/2017 A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to \r'hich this certificate is attached. and not the truthfulness. accuracy. or validity ofthe document. ACKNOWLEDGMENT State of Caliiornia Countv of On before me.Notary Public, personally appeared , who proved to me on itre Uasis tfiatisfa.to scribid to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalfofwhich the person(s) acted, executed the instrument. I certifl under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS m1, hand and official seal. Signature My commission expires: Commission number: (Seal) Iicv. I l./6/20 ! 7 o o PRopenrv DescnrPTroN N SECTION: 55 TOWNSHIP: II S. RANGE: 05 W WILLAHETTE MERIDIAN BENToN CouNTy, OREGoN TAx Lor * 115550C06000 (12558/*) /1 r'1A V E s Lor N1,y ./4cKsoN640o 4VI A(.) s+ t- Cr) st N1,y t4oNR 06'aVt Lor 6ooo E8 s*%5YJ t ar) a? g E cosr CENTER 1126l wo# 6738677 LANDOIYNER: FIRST NATIOT{AL BANK OF OREGON THIS DRAI{ING SHOULD 8E USED ONLY AS A REPRESENIATION OF THE LocanoN 0F THE EASEIIENT AREA. THE ExAcr LocATroN oF aLL STruCTURES, LINES AND APPURTENANCES IS SUBJECT TO CIIANGE WITHIN THE BOUNORIES OF THE DESCRIBED EASEHENT ANEA. EXHIBIT B Y HrlrEonp ^ rrol^rm,car E*:RaY Ho.''fics c6/PArY Lor 6Joo ^rq-o *s DRAWN BY: K. WHEELER SCALE = NONE Pnopenry DrscRtPTroN NIJ\" Vs AN EASEMENT FOR PACIFICORP 10, IN WIDTH & 255, IN LENGTH, MORE OR LESS, RUNNING THE ENTIRE LENGTH OF THE EASTERN MOST PROPERTY LINE ALONG CIIY ALLEY, ENCOMPASSING PACIFICORP FACILITIES. THIS DRAWING SHOULD BE usED oNLY As A REPRESENTATIoN oF THE LocafloN oF THE EASEHENT AREA. THE ExAcr LocATroN oF ALL STRUCTURES, LINES AND APPURTENAI{CES IS SUEJECT TO CHANGE WITHITT THE BOUNDRIES OF THE DESCRIBED EASEHENT AREA. cosr CENTER 26t WO# 6738677 DRAvIN BY: K. WHEELER xFhclrEonp NONE ^ NDI9ERC^N aNEFCY Ho(Dlr.cS C!./PrXtEXHIBIT A SECTION: 55 TOWNSHIP: II S, RANGE: 05 W WILLAMETTE MERIDIAN BENToN corrNry. OREGoN TAx Lor # I1555DC06000 (12558/.) LANDOIVNER: FIRST NATIONAL BANK OF OREGON VERIFICATION I, Richard Birch, a property agent ofPacific Power am an ernployee ofPacific Power with personal knowledge ofthis affiliated interest transaction. Attached to this filing is the Right of Way Easement between Pacific Power and Wells Fargo Bank, N.A., and I can verify that the Right of Way Easement is a tru€ and accurate copy of the original. I declare upon the penalty of perjury, that the foregoing is true and correct. Executed on October !! 2019 at Portland, Oregon. Birch Property Agent Pacific Power Subscribed and swom to me on this J a day of October, 2019 My Commission expires:4.t7.1^>t-Notary for @ OFFICIAL STAMP IMOGEN RUTH TAYLOR NOTABY PUBLIC - OHEGON coMMrsstoN No. 973780 MY COMMISSION EXPIR€S APRIL .I7, 2022 -f