Warren Buffett’s dealmaking campaign continued Wednesday as MidAmerican Energy Holdings Companya subsidiary of the billionaire’s investment vehicle, Berkshire Hathaway said it has agreed to acquire Las Vegasbased utility NV Energy for $5.6 billion in cash.
The so-called Oracle of Omaha has been an active acquirer of late, telling shareholders he was flush with capital and on the hunt for major purchases even after teaming up with Brazilian private equity firm 3G in February to buy H.J. Heinz Company for $28 billion. Berkshire followed up the Heinz deal by paying $2.07 billion to acquire the 20 percent stake it did not already hold in IMC International Metalworking Companies.
Now Buffett has his eyes set on NV Energy, which serves 1.3 million electric and natural gas customers through its subsidiaries Nevada Power Company and Sierra Pacific Power Company. Berkshire subsidiary MidAmerican, which is based in Des Moines, Iowa, will pay $23.75 in cash for each NV Energy share, a 23 percent premium over the target’s Wednesday closing price. (The deal was announced after trading closed.) Including debt that MidAmerican has agreed to assume, the deal is worth $10 billion and is expected to close in the first quarter of 2014.
New Yorkbased Gibson, Dunn & Crutcher corporate partner Peter Hanlon, who cochairs the firm’s energy and infrastructure practice, is leading a team from that firm advising MidAmerican on the purchase. Corporate partner Robert Little, antitrust partner Joseph Kattan, benefits partner Michael Collins, tax partner David Sinak, environmental partner Raymond Ludwiszewski, finance partner Darius Mehraban, and associates Jonathan Whalen and Chris Babcock are also working on the deal. Partners William Scherman and William Hollaway, as well as senior counsel Janine Durand, are advising on energy regulation aspects of the deal.
Hanlon, who joined Gibson Dunn from Willkie Farr & Gallagher in 2011, frequently advises MidAmerican on major transactions. Months after arriving at Gibson Dunn, he led a team from the firm working on MidAmerican’s acquisition of the Topaz Solar Farm from First Solar. The financial terms of that deal were not disclosed. In 2005, while still at Willkie, Hanlon advised MidAmerican on its $9.4 billion purchase of PacifiCorp.
Brownstein Hyatt Farber Schreck is serving as local Nevada counsel to MidAmerican on the deal with a team led by Las Vegas managing partner Ellen Schulhofer, assisted by corporate shareholder Albert Kovacs. Shareholders Jeffrey Crockett and Les Lo Baugh are also advising on regulatory issues.
MidAmerican’s general counsel is Douglas Anderson.
NV Energy, meanwhile, has turned to attorneys at Sidley Austin and Hogan Lovells as legal counsel for the deal, while Reno, Nevadabased Woodburn and Wedge is providing local advice.
Sidley’s team is led by Chicago-based corporate partners Thomas Cole and Imad Qasim. Corporate partner Matthew McQueen, employee benefits partner Stewart Shepherd, environmental partner Laura Leonard, and tax partner Sharp Sorensen are also advising. The Sidley associates working on the deal are Bill Fay, Nikeisha Gentles, Jed Rosenkrantz, and Adam Snyder.
Hogan Lovells is advising NV Energy on regulatory issues with a team led by Washington, D.C.based energy of counsel Steven Agresta. Antitrust partner Joseph Krauss is also working on the deal and partner John Lilyestrom is advising on matters related to the Federal Energy Regulatory Commission.
NV Energy’s general counsel is Paul Kaleta, a former associate at Skadden, Arps, Slate, Meagher & Flom.