Opinion of Steven A. McArthur CalEnergy Company, Inc. 302 South 36th Street, Suite 400 Omaha, Nebraska 68131 Telephone: (402) 341-4500 Facsimile (402) 231-1658 February 4, 1998 CalEnergy Capital Trust III c/o CalEnergy Company, Inc. 302 South 36th Street, Suite 400 Omaha, Nebraska 68131 CalEnergy Company, Inc. 302 South 36th Street, Suite 400 Omaha, Nebraska 68131 Ladies and Gentlemen: I am the Senior Vice President and General Counsel of CalEnergy Company, Inc., a Delaware corporation (the "Company"). This opinion is being furnished in connection with the registration under the Securities Act of 1933, as amended (the "Act"), of (i) 5,400,000 6-1/2% Convertible Preferred Securities (liquidation preference $50 per each of the Convertible Preferred Securities) (the "Convertible Preferred Securities") representing undivided beneficial ownership interests in the assets of CalEnergy Capital Trust III, a statutory business trust formed under the laws of the State of Delaware (the "Trust"); (ii) the 6-1/2% Convertible Junior Subordinated Debentures due 2027 (the "Convertible Junior Subordinated Debentures") of the Company, which may be distributed under certain circumstances to the holders of the Convertible Preferred Securities; (iii) the shares of common stock, par value $.0675 per share (the "Common Stock"), of the Company, issuable upon conversion of the Convertible Preferred Securities and the Convertible Junior Subordinated Debentures; and (iv) the Preferred Securities Guarantee of the Company (as defined below). The Convertible Preferred Securities were issued pursuant to an amended and restated declaration of trust, dated as of August 12, 1997 (the "Declaration") among the Company, as sponsor, Steven A. McArthur, Craig M. Hammett and Gregory E. Abel, as regular trustees, The Bank of New York (Delaware), as Delaware trustee, and The Bank of New York, as property trustee, and are guaranteed by the Company as to the payment of distributions and as to payments on liquidation, redemption and otherwise pursuant to a Preferred Securities Guarantee Agreement, dated as of August 12, 1997 (the "Preferred Securities Guarantee"), between the Company and The Bank of New York, as trustee. The proceeds from the sale by the Trust of the Convertible Preferred Securities were invested in the Convertible Junior Subordinated Debentures, which CalEnergy Capital Trust III CalEnergy Company, Inc. Page 2 were issued pursuant to an Indenture, dated as of August 12, 1997 (the "Indenture"), between the Company and The Bank of New York, as trustee. In connection with this opinion, I have examined originals or copies, certified or otherwise identified to my satisfaction, of (i) the Registration Statement on Form S-3, as filed by the Company and the Trust with the Securities and Exchange Commission (the "Commission") under the Act on the date hereof (such registration statement being hereinafter referred to as the "Registration Statement"), relating to the Convertible Preferred Securities, the Preferred Securities Guarantee, the Convertible Junior Subordinated Debentures and the Common Stock; (ii) an executed copy of the Declaration filed as an exhibit to the Registration Statement; (iii) the form of the Common Stock certificate filed as an exhibit to the Registration Statement and a specimen certificate thereof; (iv) the Restated Certificate of Incorporation of the Company as currently in effect; (v) the By-laws of the Company as currently in effect; (vi) certain resolutions of the Board of Directors of the Company relating to the issuance of the Convertible Junior Subordinated Debentures and the shares of Common Stock issuable upon conversion; (vii) an executed copy of the Preferred Securities Guarantee filed as an exhibit to the Registration Statement; (viii) the form of Convertible Preferred Securities filed as an exhibit to the Registration Statement and a specimen certificate thereof; (ix) the designation of the terms of the Convertible Preferred Securities; (x) the form of the Convertible Junior Subordinated Debentures filed as an exhibit to the Registration Statement and a specimen certificate thereof; (xi) an executed copy of the Indenture; and (xii) an executed copy of the Registration Rights Agreement, dated August 12, 1997, by and among the Trust and Credit Suisse First Boston Corporation and Lehman Brothers Inc. as initial purchasers, filed as an exhibit to the Registration Statement. In my examination, I have assumed the legal capacity of all natural persons, the genuineness of all signatures, the authenticity of all documents submitted to me as originals, the conformity to original documents of all documents submitted to me as certified or photostatic copies and the authenticity of the originals of such copies. In making my examination of documents executed by parties other than the Company or the Trust, I have assumed that such parties had the power, corporate or other, to enter into and perform all obligations thereunder and have also assumed the due authorization by all requisite action, corporate or other, and execution and delivery by such parties of such documents and that such documents constitute valid and binding obligations of such parties. In addition, I have assumed that the shares of Common Stock to be issued upon conversion of the Convertible Preferred Securities and the Convertible Junior Subordinated Debentures, if any, will be in the form reviewed by CalEnergy Capital Trust III CalEnergy Company, Inc. Page 3 me. As to any facts material to the opinions expressed herein, I have relied upon oral or written statements and representations of officers, trustees and other representatives of the Company, the Trust and others. The opinions expressed herein are limited to the Federal laws of the United States of America, the laws of the State of New York and the General Corporation Law of the State of Delaware, and I express no opinion with respect to the laws of any other country, state or jurisdiction. Based upon and subject to the foregoing, I am of the opinion that the shares of Common Stock issuable upon conversion of the Convertible Preferred Securities and the Convertible Junior Subordinated Debentures, have been duly authorized and reserved for issuance upon conversion and, when certificates representing the Common Stock in the form of the specimen certificate examined by me have been manually signed by an authorized officer of the transfer agent and registrar for the Common Stock and are issued upon conversion of the Convertible Preferred Securities and the Convertible Junior Subordinated Debentures, such shares of Common Stock will be validly issued, fully paid and nonassessable. This letter is being delivered to you in my capacity as the Senior Vice President and General Counsel of the Company and addresses matters only as of the date hereof and is solely for the benefit of the addressees hereof and may not be relied upon in any manner by any other person without my prior written consent. I hereby consent to the filing of this opinion with the Commission as an exhibit to the Registration Statement. I also consent to the reference to me under the heading "Legal Matters" in the Registration Statement and in the related Prospectus. In giving this consent, I do not thereby admit that I am included in the category of persons whose consent is required under Section 7 of the Act or the rules and regulations of the Commission. Sincerely, /s/ Steven A. McArthur Steven A. McArthur Senior Vice President and General Counsel