The Mercury News

Editorial PG&E lacks any credibilit­y to make wildfire demands

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Wildfires aren’t the only “new normal” in California.

PG&E is at it again, doing everything possible to shirk responsibi­lity for its role in future disasters. CEO Geisha Williams on Thursday had the audacity to say that Gov. Jerry Brown’s new plan to deal with the wildfire liability issue isn’t good enough.

She’s right that the proposal issued by the governor on Wednesday needs work — but only because it threatens to let PG&E off the hook for the utility’s shortcomin­gs at the expense of California ratepayers and property owners.

The Legislatur­e should be cautious about rushing to make reforms on an extremely complex issue before its session ends at the end of August, especially because the current liability laws largely are working.

As for Williams, she should be more worried about getting her own house in order, starting by taking a hard look in the mirror. PG&E has a well-deserved reputation as the leasttrust­ed utility in California, if not the nation.

It is a convicted felon for its negligence in the 2010 San Bruno gas pipeline disaster. CalFire already has blamed PG&E for 12 of the catastroph­ic Wine Country fires in October and has raised the possibilit­y of criminal prosecutio­n in connection with the blazes.

PG&E’s demands deserve the same sort of respect the Legislatur­e would give a convicted burglar arguing theft laws are too harsh.

Let’s not forget that Williams was made PG&E’s CEO because of her expertise in electricit­y operations and to help the utility put the deadly San Bruno disaster behind it.

Or that in the same year as the Wine Country fires, her pay package was doubled from just over $4 million in 2016 to $8.5 million.

Six of nine other top executives also received total compensati­on increases in 2017.

That same year PG&E failed to take the basic step of purchasing enough insurance coverage to cover the utility’s potential liability for the 2017 Wine Country wildfires.

The governor and legislativ­e leaders have convened a special committee to examine financial responsibi­lity for future fires.

At a minimum, the Legislatur­e should have an independen­t auditor examine PG&E’s books to determine the validity of Williams’ claim that maintainin­g the status quo threatens to throw PG&E into bankruptcy.

The committee should be especially cautious about PG&E’s desire to replace the state’s legal standard governing liability, known as “inverse condemnati­on.”

Under current law, if the utility is negligent in maintainin­g power lines and poles, shareholde­rs must foot the bill.

And, under inverse condemnati­on, the utility is still liable for damages caused by its equipment when it is not negligent, but it can pass those costs on to ratepayers.

The theory is that utilities hold that responsibi­lity because they can place their equipment anywhere it deems appropriat­e, even if it means invoking eminent domain to gain land from property owners.

Any changes to the law must ensure that California property owners are adequately protected.

The fear is that if the inverse condemnati­on standard goes away, insurers will hike property owners’ rates or decline to offer fire insurance in high-risk areas altogether.

PG&E has a long history of playing power politics in an effort to pad its bottom line.

The Legislatur­e should not make any alteration­s to wildfire liability laws until it has taken the time to do a full investigat­ion of the impact on California property owners.

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