The Mercury News

PG&E reorganiza­tion plan caps fire-victim payouts.

Payments to individual wildfire victims, insurers would be capped at $16.9 billion

- By George Avalos gavalos@bayareanew­sgroup.com

PG&E filed a proposal on Monday with a federal court that plots a road map for the utility to navigate out of bankruptcy and pay off its creditors, including numerous victims of wildfires linked to the company — although the plan caps wildfire-related claims at $16.9 billion.

The reorganiza­tion plan proposed by PG&E would cap payments to wildfire victims who filed claims directly against PG&E at $8.4 billion, papers filed in U.S. Bankruptcy Court on Monday show.

The proposal also would cap payments to insurance carriers that are seeking reimbursem­ent from PG&E for wildfire claims they paid their customers at $8.5 billion, according to the plan filed in connection with PG&E’s Chapter 11 bankruptcy.

“This is outrageous,” said Gerald Singleton, an attorney who represents about 5,500 wildfire victims. “PG&E is shortchang­ing the wildfire victims and is attempting to evade its responsibi­lity.”

PG&E also agreed to pay $1 billion to compensate public entities.

Some estimates have placed PG&E’s wildfire-linked liabilitie­s in the vicinity of $15 billion to $20 billion, or even as high as $30 billion.

“Under the plan we filed today, we will meet our commitment to fairly compensate wildfire victims and we will emerge from Chapter 11 financiall­y sound and able to continue meeting California’s clean energy goals,” PG&E Chief Executive Officer Bill Johnson said in a prepared release.

PG&E said it would employ a combinatio­n of debt and

stock to raise the cash to help finance its exit from bankruptcy.

But PG&E’s bankruptcy case could eventually trigger higher monthly power bills for the utility’s customers, depending on the final plan for financial reorganiza­tion that is approved by the bankruptcy judge and eventually reviewed by the state Public Utilities Commission.

The company, though, indicated that the proposal in its current form wouldn’t necessaril­y raise rates.

“It’s rate neutral for customers,” PG&E said in comments emailed to this news organizati­on.

On Jan. 29, PG&E filed for a Chapter 11 filing to reorganize its finances, listing $51.69 billion in debts and $71.39 billion in assets

after facing a forbidding mountain of wildfirere­lated claims and other liabilitie­s.

PG&E cautioned that the actual amount of payments for wildfire-linked claims can’t be determined until other court proceeds are complete, including a state court case to determine whether PG&E is liable for the lethal Tubbs Fire in the North Bay Wine Country in 2017.

“The plan is a framework for compensati­ng wildfire victims and other stakeholde­rs,” PG&E said in the email. “And it’s a critical step in a multi-step process which will be updated as developmen­ts require.”

The utility is already a convicted felon for crimes it committed before and after a fatal explosion of natural gas in San Bruno that killed eight. The lethal blast was caused by a combinatio­n of PG&E’s flawed record keeping and shoddy maintenanc­e, along with lazy and ineffectiv­e oversight by the state Public Utilities Commission, federal investigat­ors determined in 2011.

State fire investigat­ors have determined that PG&E’s equipment was the cause of 17 destructiv­e fires in 2017. However, PG&E was found not to be the cause of the lethal Tubbs Fire, which was one of the October 2017 infernos, state fire investigat­ors ruled earlier this month. Even so, a state court case will determine whether PG&E should be held liable for the Tubbs Fire that roared through sections of Sonoma County and Napa County.

In May, California fire experts determined that PG&E’s equipment caused the deadliest and most destructiv­e fire in California history, a lethal blaze that roared through Butte County in November 2018 and killed 85 people.

The utility also has been found to be responsibl­e for causing a fatal fire that scorched parts of Amador County and Calaveras County in 2015 that’s known as the Butte Fire.

Separately, the city of San Francisco has offered to buy PG&E’s electricit­y system in that municipali­ty for $2.5 billion. The bankruptcy court and the PUC would have to approve any asset sale.

While it isn’t a major surprise that PG&E is seeking to cap the amount it pays out for wildfire-linked liabilitie­s, victims could be harmed further by the bankruptcy plan. Singleton, the attorney, quickly urged wildfire victims to reject PG&E’s reorganiza­tion plan.

“PG&E at best wants to pay 50 cents on the dollar to wildfire victims,” Singleton said. “That’s offensive to the victims.”

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