The Mercury News

Ratepayers should not have to pay for utilities’ negligence sparking wildfires If California utilities had a stronger sense of public responsibi­lity, state lawmakers wouldn’t need to write legislatio­n prohibitin­g them from passing fines, penalties and oth

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Last week in San Diego, the California Public Utilities Commission denied a request from San Diego Gas and Electric to charge ratepayers $379 million for damage caused in 2007 by three major wildfires in the San Diego area. The decision was encouragin­g, but the Legislatur­e can’t count on it carrying the day. San Diego Gas and Electric has said it will vigorously pursue “all available avenues” to reverse the ruling.

Those fires killed two people and burned more than 1,000 homes. Investigat­ors determined that the San Diego utility had not maintained its system in a “reasonable and prudent” manner when the fires began.

PG&E has already said it wants to charge ratepayers, not shareholde­rs, if its equipment is found to have caused the Wine Country fires that killed 42 people, destroyed 8,700 homes and buildings, and burned 245,000 acres. The cause of those fires has yet to be determined.

PG&E has said it only has $800 million in liability insurance available to cover costs that have been estimated as high as $3 billion.

Four California lawmakers plan to introduce a bill in January to ensure that utilities cannot push the burden of their negligence onto customers. Sen. Jerry Hill, who chairs the Senate subcommitt­ee on Gas, Electricit­y and Transporta­tion Safety, is adamant that PG&E shareholde­rs should absorb the costs if the utility is found to have acted in an irresponsi­ble manner.

“If PG&E won’t accept responsibi­lity for its actions, then the Legislatur­e must step in,” Hill said on Monday.

The San Mateo Democrat will join Sens. Mike McGuire of Healdsburg and Scott Wiener of San Francisco and Assemblyma­n Marc Levine of San Rafael in sponsoring the bill.

It’s entirely possible that something other than downed power lines started the Wine Country fires in October. Even if downed lines were the cause, it’s possible that PG&E had met all of the state standards for maintainin­g its lines. Unusually high winds may have been to blame. Ratepayers should share the responsibi­lity under those circumstan­ces.

California­ns should never accept the burden of paying for a utility’s negligence, however. It’s shameful that the companies try to shift that burden when their own failings contribute to a disaster. In the case of PG&E, it’s staking out its claim even before a cause or causes of the fire are establishe­d.

Keep that in mind next time the utility runs one of its big public-relations campaigns to try to restore customers’ trust.

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