San Francisco Chronicle

Bailout: Regulator lays foundation for helping utility avoid big loss

- By J.D. Morris

Capping a wild day on Wall Street in which Pacific Gas and Electric Co. stock crashed and soared as investors weighed the prospect of government aid, California’s top utility regulator said Thursday his agency can help the utility avoid financial catastroph­e because of the state’s raging wildfires.

Michael Picker, president of the California Public Utilities Commission, said his agency does not want PG&E and the state’s other investor-owned utilities to file for bankruptcy. In a move he conceded was unusual, he briefed investors and analysts on his views before issuing a

public statement Thursday, a decision that may have contribute­d to the stock’s afterhours surge.

The commission, Picker said, will soon begin to implement a provision in a new state law through which utilities can pass wildfire costs along to their customers.

The provision in the law, SB901, lets utilities such as PG&E handle wildfire-related costs by using bonds customers would pay off over time. But the utility first needs to go through a bankruptcy stress test that determines how much of the cost it can absorb on its own — anything beyond that can be passed to customers.

In an interview with The Chronicle, Picker said he believes the process can apply to wildfires from this year and last year. But because the law currently authorizes the utility to issue bonds only for fires that ignited in 2017, Picker admitted some “cleanup legislatio­n” may be necessary.

State fire investigat­ors have not determined the cause of the deadly Camp Fire burning in the Sierra Nevada foothills east of Chico. PG&E told regulators last week, however, that some of its equipment near an origin point of the fire in Butte County experience­d a problem just before the blaze began, helping fuel speculatio­n and at least one lawsuit pinning blame on the utility.

Picker’s comments to The Chronicle and in a public statement came after Bloomberg reported he spoke on a call hosted by Wall Street analysts, in which he said he looked unfavorabl­y on the prospect of PG&E going bankrupt.

The report appeared to boost the shares of the utility’s parent company, PG&E Corp. While PG&E shares were down more than 30 percent when the markets closed Thursday, bringing the company’s value down to $9 billion, they made a dramatic rebound in after-hours trading, climbing more than 44 percent and erasing the day’s losses.

The stock was trading after hours at $25.60, which is still nearly half its opening price Nov. 8, the day the Camp Fire began.

Picker said that allowing utilities to go bankrupt is “just not good policy.”

“They have to be financiall­y healthy to be able to provide those goods and services that ratepayers need,” he said in an interview. “If they can’t borrow money, if they have liquidity problems and they can’t do vegetation management, that’s a problem. That’s not good policy, to really let them get financiall­y unstable.”

PG&E spokeswoma­n Lynsey Paulo said in an email the utility agrees with Picker that “an essential component of providing safe electrical service is long-term financial stability.”

“Access to affordable capital is critical to carrying out safety measures and meeting California’s bold clean energy goals,” Paulo said in the email. “Recently passed legislatio­n recognized the importance of financiall­y healthy utilities to California electric customers, and implementi­ng it quickly is important to achieve that goal.”

Picker also said the utilities commission will broaden the scope of a 3-year-old investigat­ion into PG&E’s safety culture, originally borne out of the fallout from the 2010 San Bruno pipeline explosion, to include recent wildfires as well.

“This is really about the safety culture, not about San Bruno,” Picker said. “It’s what have they done subsequent­ly? Have they done things that they know work, and did they monitor them and did they find that they are not meeting expectatio­ns on any particular actions? What did they learn from that to improve? So far, I would say not all the evidence supports the fact that they have a strong safety culture.”

It’s not clear what, if any, additional steps the Legislatur­e will consider to help PG&E should investigat­ors determine its equipment sparked the Camp Fire.

In response to Thursday’s public statement from Picker, state Sen. Bill Dodd, D-Napa, released a statement of his own saying lawmakers this year “put significan­t new requiremen­ts” on electric utilities and the commission.

“It’s my expectatio­n that the public utilities commission will move quickly to institute these heightened standards,” Dodd, who wrote SB901, said in the statement. “It is important that the Safety Culture Investigat­ion addresses the structure and internal controls of the utility.”

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