CERTIFICATE OF TRUST The undersigned, the trustees of CalEnergy Capital Trust III, desiring to form a business trust pursuant to Delaware Business Trust Act, 12 Del. C. ss. 3810, hereby certify as follows: 1. The name of the business trust being formed hereby (the "Trust") is "CalEnergy Capital Trust III". 2. The name and business address of the trustee of the Trust which has its principal place of business in the State of Delaware is as follows: The Bank of New York, Delaware 23 White Clay Center Route 273 Newark, Delaware 19711 3. This Certificate of Trust shall be effective as of the date of filing. Dated: August 4, 1997 /s/ Steven A. McArthur -------------------------- Name: Steven A. McArthur Title: Regular Trustee /s/ Craig Hammett -------------------------- Name: Craig Hammett Title: Regular Trustee /s/ Gregory Abel -------------------------- Name: Gregory Abel Title: Regular Trustee THE BANK OF NEW YORK, DELAWARE, as Delaware Trustee By: /s/ Walter N. Gitlin ------------------------------- Name: Walter N. Gitlin Title: Authorized Signatory