San Francisco Chronicle

22 exofficial­s of PG&E sued by fire victims to boost payout

- By J.D. Morris

The trust responsibl­e for paying settlement­s to tens of thousands of Northern California wildfire victims is suing 22 former Pacific Gas and Electric Co. executives and board members of its parent company.

It’s an effort to secure more money for people affected by two of California’s worst disasters: the historical­ly deadly 2018 Camp Fire in Butte County and the 2017 fires that burned in the North Bay’s Wine Country. Both blazes were caused by PG&E power lines, and they killed more than 100 people and incinerate­d thousands of homes.

PG&E settled with fire victims as part of its exit from bankruptcy last year. But the trust establishe­d to pay victims an estimated $13.5 billion retained the right to pursue litigation against former directors and top executives.

Trustee John Trotter, a retired state appeals

court judge who oversees the victims’ fund, has taken advantage of that and filed suit Wednesday in San Francisco Superior Court against 22 PG&E exleaders.

Trotter’s suit alleges that the defendants breached fiduciary duties, namely by failing to implement a fire safety power shutoff program early enough to prevent the 2017 fires and neglecting to properly maintain the highvoltag­e equipment that started the Camp Fire.

“Two very different things went wrong here, and it starts at the top,” said attorney Frank Pitre, whose firm is leading Trotter’s lawsuit. Pitre has sued PG&E on behalf of fire victims in the past, and he was heavily involved in the company’s bankruptcy proceeding­s.

Defendants in the suit include former chief executives Tony Earley and Geisha Williams, former board chairman Richard Kelly and former chief financial officer Jason Wells, among others. Attorneys for the defendants could not be reached for comment.

Though PG&E is not a defendant, company spokeswoma­n Lynsey Paulo said in a statement that the company was aware of the lawsuit. Paulo reiterated PG&E’s intent to “honor victims of the Camp Fire and previous fires” by reducing fire risk, and she said the company has contribute­d the “vast majority” of the $13.5 billion victims’ settlement already.

“We remain focused on reducing wildfire risk across our service area and making our electric system more resilient to the climatedri­ven challenges we all face in California,” she said.

PG&E funded its $13.5 billion settlement with victims through a mix of cash and stock that the trust can sell off over time. But Trotter acknowledg­ed in a recent letter to victims that the trust was “more than $1 billion short” of its intended value because of the stock’s subpar performanc­e. He also said the trust had a “careful ‘selldown plan,’ ” so it could sell shares when they’re worth more.

Pitre estimated that the suit against former company leaders could secure $200 million to $400 million or more to boost the funds available for victims.

“This is not motivated because of any fear or any anxiety over the value of the trust being $13.5 billion,” he said. “It is being done to try to enhance that value.”

Apart from its bankruptcy and related settlement with fire victims, PG&E also pleaded guilty to 84 felony counts of involuntar­y manslaught­er over its role in the Camp Fire. The company was already on probation because of earlier conviction­s arising from the 2010 San Bruno gas pipeline explosion.

PG&E is still under investigat­ion for possibly causing the 2020 Zogg Fire, which killed four and destroyed more than 200 buildings west of Redding.

 ?? Photo courtesy Jason Johnson 2018 ?? The Camp Fire devastated Paradise in Butte County in 2018. The trust that handles payments for fire victims is seeking settlement­s from former PG&E executives and board members.
Photo courtesy Jason Johnson 2018 The Camp Fire devastated Paradise in Butte County in 2018. The trust that handles payments for fire victims is seeking settlement­s from former PG&E executives and board members.

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