The Mercury News

What’s next for PG&E, now that Newsom nixed its plan?

- By Dan Walters CalMatters Dan Walters is a CalMatters columnist.

Gov. Gavin Newsom says he wants Pacific Gas & Electric Co. to become a “radically restructur­ed and transforme­d utility that is responsibl­e and accountabl­e …”

But how?

Newsom, in rejecting the company’s plan to emerge from bankruptcy late last week, once again denounced it for “more than two decades of mismanagem­ent, misconduct, and failed efforts to improve its safety culture.”

“PG&E’s recent management of the public safety power shutoffs did not restore public confidence,” he wrote. “For too long, PG&E has been mismanaged, failed to make adequate investment­s in fire safety and fire prevention, and neglected critical infrastruc­ture.”

The governor demands more direct control over PG&E’s management, including a new slate of directors, mostly California­ns, subject to his administra­tion’s approval, and a provision that its operating license be transferre­d “to the state or a third-party when circumstan­ces warrant.”

Thus, Newsom seems to be edging toward the notion, championed by San Jose Mayor Sam Liccardo and other political figures, of converting what is now a state-regulated, investor-owned monopoly into some sort of government­al entity.

There’s precedent for that in California. Quite a few of its cities already operate electric power services; some rural irrigation districts are also power providers, and the Sacramento Municipal Utility District was created in the 1930s to supplant PG&E in Sacramento County.

However, the state is already somewhat complicit in PG&E’s fall from grace. A misbegotte­n, misnamed “deregulati­on” of the state’s utilities, decreed in 1996 by the Legislatur­e and then-Gov. Pete Wilson, compounded by successor Gray Davis’ mismanagem­ent of the subsequent energy crisis, led to PG&E’s first bankruptcy and the nearinsolv­ency of other utilities.

It had scarcely emerged from that bankruptcy when the Legislatur­e and Govs. Arnold Schwarzene­gger and Jerry Brown began demanding that utilities phase out carbon-based power generation in favor of “renewables” to fight climate change.

Yes, PG&E neglected the maintenanc­e of its transmissi­on grid and that, tragically, led to destructiv­e and deadly wildfires when high winds downed high-voltage lines. And facing many billions of dollars in claims from wildfire victims, it once again declared bankruptcy.

But where was the Public Utilities Commission, whose members are appointed by the governor, when this was happening? The PUC is charged with regulating utilities’ rates, making sure that they are providing safe and reliable service, and protecting their profitabil­ity so that they can attract investment and borrow money.

One must wonder whether political pressure to shut down nuclear and fossil fuel plants and buy expensive wind and solar power while keeping customers’ power bills from skyrocketi­ng contribute­d to the neglect of maintenanc­e. So what happens now? Newsom could have his say on PG&E’s plan to emerge from bankruptcy because of legislatio­n that gives it access to special bond financing to compensate wildfire victims only on condition that it satisfies state-set conditions.

A settlement with wildfire victims, announced earlier in the month, makes them supporters of PG&E’s restructur­ing plan. PG&E shareholde­rs, most of the big institutio­nal investors, are also on board.

Indirectly, Newsom’s rejection letter to PG&E’s top executive, Bill Johnson, allies the governor with a rival financial stakeholde­r group, the utility’s lenders, who want to take over its management.

Newsom must become less implicit and more explicit. If he wants a state takeover of the nation’s largest investor-owned utility, he should say so and take responsibi­lity for what happens.

Simply imposing more political micromanag­ement on an investor-owned corporatio­n would make accountabi­lity to ratepayers, shareholde­rs and lenders — not to mention its financial viability — even cloudier.

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