Houston Chronicle

PG&E shares drop in wake of defeat in liabilitie­s case

- By Steven Church and Mark Chediak

Shares of utility giant PG&E Corp. fell after its attempt at escaping a California policy that saddled it with billions of dollars in liabilitie­s and pushed it into bankruptcy failed.

U.S. Bankruptcy Judge Dennis Montali on Wednesday sided with wildfire victims, who said PG&E is subject to a legal doctrine known as inverse condemnati­on, which holds utilities liable for covering the costs of blazes linked to their equipment, regardless of whether they were negligent.

PG&E shares slipped as much as 4.9 percent to $7.18 in New York on Friday.

PG&E blamed inverse condemnati­on for its downfall. California’s largest utility filed for Chapter 11 while facing an estimated $30 billion in liabilitie­s tied to wildfires that its power lines were blamed for igniting in 2017 and 2018. The state is one of the few places — if not the only one — in the world that holds its power companies liable in this way.

The policy has been cited as one reason Warren Buffett’s Berkshire Hathaway Energy and other potential PG&E buyers aren’t making bids. PG&E’s former CEO, Geisha Williams, spent months fighting the doctrine to no avail and was ultimately ousted just weeks before the company filed for bankruptcy.

In deciding that PG&E is subject to inverse condemnati­on, Montali determined that the doctrine isn’t limited to public agencies and said the California Supreme Court would “reach the same conclusion.”

At stake is the bill for the second-most destructiv­e fire in California history, the 2017 Tubbs fire, which killed more than 20 people and destroyed at least 5,600 buildings. Claims could top $10 billion, “even though CalFire determined that PG&E equipment did not ignite the blaze,” the company argued in court papers.

PG&E had said inverse condemnati­on was originally developed with government-run agencies in mind — a means for them to raise rates or taxes and spread around the costs of a disaster caused by the failure of a water line, for example. Because PG&E doesn’t levy taxes and can’t hike rates without regulatory approval, the company said, the doctrine shouldn’t apply to its case.

But Montali said in his decision that “since at least 1894, California­n courts have not limited the applicatio­n of inverse condemnati­on to public entities.” He also noted that California’s Legislatur­e has refused PG&E’s pleas to restrict the policy and said he has no reason to believe that the state’s Supreme Court would “step up and do it.”

He did, however, say the doctrine doesn’t extend beyond property damage and is subject to some limitation­s.

Montali’s ruling comes as the company and a committee representi­ng wildfire victims are getting ready for a trial that will decide how much PG&E must pay to compensate residents and businesses hurt by fires traced to its equipment.

Even with a victory, PG&E would’ve still been on the hook for tens of billions of dollars in wildfire damages that critics claim were caused by negligence. The ruling, “which, as expected, went against PG&E, keeps negotiatio­ns with wildfire claimants as the main hurdle to a bankruptcy exit,” Bloomberg Intelligen­ce senior utilities analyst Kit Konolige wrote.

The victims committee argued that PG&E must be subject to the inverse condemnati­on doctrine because California courts have consistent­ly ruled that it applies even to investor-owned utilities.

State officials said in a report this year that inverse condemnati­on increases the danger that other utilities will also go bankrupt. But when lawmakers had the chance to eliminate the doctrine, they refused to rewrite the law.

The case is PG&E Corp. 19-bk-30088, U.S. Bankruptcy Court Northern District of California (San Francisco)

 ?? Tribune News Service file photo ?? A judge has ruled that PG&E is subject to a legal doctrine known as inverse condemnati­on, which holds utilities liable for costs of fires linked to their equipment, regardless of whether they were negligent.
Tribune News Service file photo A judge has ruled that PG&E is subject to a legal doctrine known as inverse condemnati­on, which holds utilities liable for costs of fires linked to their equipment, regardless of whether they were negligent.
 ?? Bloomberg file photo ?? PG&E employees check power lines for damage in Sonoma, Calif., last month. The company is California’s largest utility.
Bloomberg file photo PG&E employees check power lines for damage in Sonoma, Calif., last month. The company is California’s largest utility.

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