RESOLUTION No. 36330

Authorize the City Attorney to intervene and participate in the Oregon Public Utility Commission review of the application of Midamerican Energy Holdings Company for authorization to acquire Pacific Power & Light, dba PacifiCorp (Resolution)

WHEREAS, on July 15, 2005, the Commission received an application from MidAmerican Energy Holdings Company to purchase Pacific Power & Light dba PacifiCorp from Scottish Power, UM 1209; and,

WHEREAS, PacifiCorp is one of two electric utilities serving customers within the City of Portland, providing electricity services and utility management; and,

WHEREAS, the City Council is responsible for the orderly management of public rights-of-way within the City of Portland; and,

WHEREAS, Portland’s home rule charter grants broad authority to the Council for overseeing utility activities within the City, including the granting of franchises and issuing permits; and,

WHEREAS, Portland regulates utility use of public streets in constructing, operating and maintaining poles, conduits and other facilities under Title 17 of the City Code; and,

WHEREAS, existing City policies encourage resource conservation, and the efficient provision of services for low income consumers and small businesses; and,

WHEREAS, participating as a party in the Commission’s review of MidAmerican Energy Holdings’ application would permit the City to: (1) obtain important information regarding the terms of this corporate transaction; (2) be informed of other parties’ actions and comments; and, (3) be actively involved in advocating for the benefit of Portland citizens; and,

WHEREAS, potential impacts upon PacifiCorp’s rates, services and other matters will not be available to persons with non-party status in the proceeding, nor may non-parties submit comments in the proceeding;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Portland, that the City Attorney is hereby authorized and directed to intervene on behalf of the City as a full party in Oregon Public Utility Commission review of Midamerican Energy Holdings Company’s application, and such subsequent proceedings as may occur, to present the City’s views and protect its interests and the interests of its citizens as may be necessary.

BACKING SHEET INFORMATION

AGENDA NO. 901-2005

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 36330