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RECEIVED PaclrlConp z0re JUi- -s Ar{ n: ut k!!{x!:,1!"kdGene,atcounset 1107 lr' North remple'suite320 r;,:;.r-ir.i i:usLl0 ,;rr.'rT"iis'co-iiriiSsrorf,#i_itrki?;fi"!"" j eff. ri ch ads@t actJi c orp. c o m July 9,2019 Idaho Public Utilities Commission 472West Washington Boise,ID 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 Commitunentl lT(2), incorporated in the Idaho Public Utilities Commission Order No. 29973 issued February 13,2006, as supplemented by OrderNo.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"), of an affiliate tansaction with Kem River Gas Transmission Company ("Kern River"), for an encroachment permit to allow PacifiCorp to construct and connect a new transmission line to an existing transmission line located in an easem€nt on Kern River's property near Eagle Mountain, Utah. A copy of the encroachment permit is included as Attachment A. PacifiCorp is a wholly-owned indirect subsidiary of BFIE. Kem River is also a wholly-owned indirect subsidiary of B[IE. Therefore, BIIE's ownership interest in PacifiCorp and Kern River creates an affiliated interest relationship between PacifiCorp and Kern River in some PacifiCorp jurisdictions. Kem River owns and operates the Kem River pipeline system, which tansports natural gas to California, Nevada, and Utah. Certain of Kern River's Utah pipelines are in an area being used by PacifiCorp for a transmission line near Eagle Mountain, Utah. PacifiCorp is conskucting new transmission lines that will connect perpendicular to the existing transmission line located on Kem River's property. No fee is being paid by PacifiCorp to Kern River for the encroachment permit. Diane Hanian Notice of Affiliate Transaction July 9,2019 The encroachment permit is needed to enable PacifiCorp to construct new transmission lines to enable PacifiCorp to continue to provide safe and reliable service in the area. Accordingly, execution of the Agreements is in the public interest. Please do not hesitate to contact me if you have any questions. Best Regards, R.J Vice and General Counsel PacifiCorp Enclosures Permit No, Drt€ lKqrn Eid-rof,tarl ! . ,. rratlU&Wi G. lrGltpt, One Call Ticket No(s), ENCROACHMENT PERMIT This Encroachmmt Pemit is mde md entercd into on the date indicated below by md betwem the encroaching party ("PERMITTEE") md Kem fuver Gas Tmsmission Compmy ("KERN not limited to: fee prcperties, eaements, pipelines, meter buildings md valve sites. PERMITTEE: Lendowner Name: Name: Easement Tract Locationofencroachment:[CAENvnUTtrWYCounty:-City: E EvA E FIL E LAS Line #: _ Milcpost To: From: _ Eng. Stations: Section; _ Township: _ Range: _ GPS Coordinats: Line #: _ Milepost To: From: Eng. Stations: Section: _ Township: _ Range: _ GPS Coordinata: Description of Encroachmenti This pemit is gmted to PERMITTEE subject to the tems,r conditions md my special provisions shom below, with the encroachment specifications shown on the reverse side of this fom md specifically in accordmce with the following item(s): NOTICE: AIIY DAMAGES TO KERN RIVER,S FACILITIES SHALL BE REIMBURSED IN ENTIRETY BY PERMITTEE It is mdemtood that PERMIfiEE will cause the encroachment at no expense to KERN portions thereof, KERN RIVER will not be liable to PERMITTEE or its RMR. PERMITTEE shall be responsible for restomtion of all disturbed lmd on successors or assigns for any damages resulting by reason of such removal, KERN RIVER'S right of way caused by the construction or maintmmce of said except for those damages arising out of the sole negligence of KERN encroachment. PERMITTEE agrees to supply KERN RMR plms md drawings, in RIVER. detail, illustrating the proposed encroachment md KERN RMR'S facilities, mless . request general KERN RIVER elects not to require such plms. KERN RIVER may evidence of liability and other appropriate and usual insurance prior to any activity and/or construction So that KERN RMR my schedule its penomel - md not delay PERMITTEE'S work on - PERMITTEE agrees to noti! KERN RIVER 48 hous before my work comences or near I(ERN RIVER's rights of way. In the event of excavation under on or neil its right ofway. KERN RIVER's pipelines, KERN RIVER must be named as an additional This pemit des not chmge or modift my provisions of KERN RIVER'S existing insured. Any rights of subrogation or recovery will be waived by right of way contracts or eaements. This pemit is revocabl€ at KERN RMR'S sole PERMITTEE in favor of KERN RIVER. The insurance limits, terms and discretion for safety resom or for nonmmplimce with my tem, re4uirements, conditions that may be required will be dependent on the specific facilities conditions md,/or specificatiom of this Pemit upon witten notice givm to potentially impacted and what would be usually and prudently obtained in PERMITTEE md/or cuent record. KERN RIVER is not liable for my costs oms of similar industry situations. or dmages related to revocation of this pemit. All metallic utility lines impacting KERN RIVER's pipelines sha[[ have DISCLAIMER OF WARRANTY - KERN RMR does not wumt the condition of its right of way or facilities nor its fitness or suitability for my particulu purpose. cathodic test leads connecting both the utility and the pipelines. KERN Additionally, KERN RMR does not wmt its right of way or frcilities for RIVER will install, at PERMITEE'S expense, such test leads on its pipelines subsidence, compaction or geotechnical stability ofuy kind. if required. If KERN RIVER determines in its sole discretion that PERMITTEE hereby represents md wffiilts that it hm or will obtain prior to interference studies and/or mitigation (including; but not limited to, bonds construction all necessary agreements, approvals, authoriations, certificates, licenses, or galvanic drains) are required, PERMITTEE agrees to pay for the studies zoning ud pemits from my md all lmdomers ud agmcies, public md private, for and/or mitigation necessary to protect against the metallic utility lines. the construction activities set forth herein. For high voltage AC power lines, high voltage DC power lines or DC Speciel provisions: traction systems impacting KERN NVER's pipelines, if KERN RIVER determines in its sole discretion that AC or DC mitigation studies and/or AC or DC mitigation is required from any of PERMII"TEE'S facilities, PERMITTEE agrees to pay for the studies and/or mitigation necessary PERMITTEE agrces to save md hold harmless KERN RMR, its officers, agents, ' (including future studies and/or additional mitigation, and maintenance of employees md its subcontractorc md thet officen, agents md mployees from my md the mitigation systems) to protect against the power lines for the life of the all claim for dmages, the continution maintmme injury or death resulting from md facility. of said encroachment. A KERN RIVER representatiye must be present duing a.ll construction activities. PERMITTEE shall be liable for all costs incmed for my PERMITTEE dmages. ' GOVERNING LAW AND JURY WAIVER. This Agrcement md the rights md duties On this _day of 20 _l acknowledge that I have received, md reviewed of the prties aising out of this Agreement shall be govemed by md construed in with a KERN RMR reprcsmtative, the requirements, conditions md specifications of this Pemit. I also mderstmd the provision prescribed penalties as provided accordmce with the laws ofthe State ofUtah, except provisions ofthat law refening to md uder the law regrding excavation.-, govemilce or construction of the laws of mother juisdiction. Any suit. action. or By: proceeding uising out ofor relating to this Agreement may only be institut€d in a state or fedeml court in Salt Lake City, Utah. Each party waives my objection which it may Title: have now or hereafter to exclusive venue of such action or proceeding in the state or federal courts of Salt Lake City, Utah, md inevocably submits to the juisdiction of my such state or federal court in my such suit, action or proceeding. TO THE FULLEST Your local KERN RMR contect is: 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 zuGHT TO CONSOLIDATE Phone # ANY ACNON IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A ruRY TRIAL CANNOT BE OR HAS KERN RIVER GAS TRANSMISSION COMPANY NOT BEEN WAIVED PERMITTEE agrees that KERN RIVER may remove any encroachment, or VOID WITHOUT AUTHORIZATION portion thereof, if in k'ERN RIVER'S sole judgment it is reasonably By: necessary to do so in order to construct, alter, maintain, protect, repair or replace gas transmission facilities located within the right of way and Title: easement. Should KERN RIVER remove any such encroachments, or KRGT - I 009 @ev I 0/l 7) Distribution: Whit - Diltri.t Pink - lrnd Gold.n Ro.d - Pemittec Prge I I of2 Printed docwflt may be out of date INTERNAL ENCROACHMENT SPECIFICATIONS KERN RIVER GAS TRANSMISSION COMPANY, hETEiNAftET €IIEd 'KERN RIVER' iS AN expossd, th6 exGvation equipment must be positioned such that it will not reach inteEtate tEnsporter of natural gas, which is cgulated by the U.S. Departmont of within 2 feet of the pipoline. Final stripping on sidss and top of the pip€line shall be TEnsportation Office of Pipeline Safety. Tha following specmcatons are d€signed to comply by hand. with appli€ble state and federal regulations to assuro the safety of the public and to protsct B) Vvhen a backhoe is used, the bucket teeth should bs arled under each time it is the pipeline.