Federal judge questions PG&E on wildfire culpability, possible probation violation

A San Francisco federal judge demanded answers from Pacific Gas & Electric Co. concerning its role and potential culpability in recent wildfires as a part of its probation following the 2010 San Bruno pipeline explosion. U.S. District Judge William Alsup requested an "accurate and complete statement" of any connection between the utility and the cause and reporting of the Camp Fire, which destroyed nearly 18,000 structures and killed at least 88 people.

"PG&E has never acknowledged that they have any issue with wildfire risk mitigation at all...," said Michael Danko, who represented victims of the pipeline explosion and is currently representing victims of the Camp Fire against PG&E. "They have insisted that their program is world class when it's an utter and complete failure and always has been. It's a sham."

California's largest utility has until Dec. 31 to respond to four questions, including inquiries regarding potential parole violations and safety improvements made since 2017 when the probation was imposed.

"Any wildfire started by reckless operation or maintenance of PG&E power lines" in addition to "any inaccurate, slow, or failed reporting of information about any wildfire by PG&E" were among the queries cited in the judge's two-page order on Tuesday.

Danko said the judge's order was welcome news to plaintiffs' attorneys because the threat of criminal prosecution will lead to more timely and accurate answers by the utility as opposed to trying to get information during discovery in civil litigation.

"It's very helpful because I expect we're going to get straightforward answers to Alsup's questions which would take us much longer to get in the civil litigation," he said.

A federal jury convicted PG&E in 2016 on five counts of violating pipeline safety rules and one count of obstructing a federal investigation of the disaster that killed eight people, injured dozens more and destroyed 38 homes in 2010. U.S. v. Pacific Gas and Electric Company, 14-CR175 (N.D. Cal, filed April 1, 2014).

U.S. District Judge Thelton Henderson ordered the utility to pay the maximum fine of $3 million, air advertisements publicizing its misconduct and imposed five years of probation under the watch of a court-appointed monitor, Mark Filip of Kirkland & Ellis LLP.

The U.S. attorney's office did not respond to requests for comment.

While the cause of the Camp Fire is still being investigated, PG&E told state regulators that a transmission line near the Camp Fire's origin had a problem shortly before the blaze was first reported.

The Department of Forestry and Fire Protection has already found PG&E equipment to be responsible for 12 of the Northern California blazes last year and referred the findings to the appropriate district attorneys' offices.

PG&E may be in violation of its parole if found criminally liable, according to Sen. Jerry Hill, D-San Mateo, and Britt Strottman of Baron & Budd PC, who added that additional restrictions and oversight may be imposed.

"I would be encouraged by greater oversight and a requirement of a change in leadership," Hill said.