PG&E must consider vegetation clearing when deciding on power shutoffs

The federal judge in San Francisco overseeing PG&E Corp.'s criminal probation proposed that the utility take into account the extent to which utility lines have been cleared of vegetation in deciding where to cut power in windstorms.

Looking to rein in the company for failing to comply with state law and meet safety goals, U.S. District Judge William Alsup said the additional probation condition is necessary "to protect the people of California from yet further death and destruction caused by the offender's continuing failure to operate its power grid safely."

PG&E said it's aware of the order and will respond in a court filing. USA v. Pacific Gas & Electric Co., 14-cr-00175 (N.D. Cal., filed April 1, 2014).

"We remain committed to taking this feedback seriously, have worked diligently to implement many of their observations in planning our 2021 wildfire mitigation work, and are addressing any outstanding issues as safely and quickly as possible," spokesman James Noon said in an emailed statement.

The order targets defects in PG&E's Public Power Safety Shutoffs, or PSPS, claimed by litigation opponents to have caused the Zogg Fire in Shasta County that killed four people and destroyed 204 structures. The utility did not de-energize the line that opponents say started the blaze despite the presence of hazardous trees in the area that were not trimmed, the judge said.

Alsup said he was "surprised to learn PG&E did not and does not consider the extent to which distribution lines have been cleared of hazardous trees and limbs."

"It is most confounding that PG&E, in deciding which distribution lines to de-energize in a PSPS, ignored (and still ignores) the number-one cause of wildfires ignited by PG&E: hazardous trees and limbs that should have, by law, been removed but which still loom as threats in windstorms," he wrote.

PG&E said in court filings that the algorithm that designates areas for power shutoffs does not consider compliance with clearance mandates. It's acknowledged that it cannot meet vegetation management targets detailed in its wildfire mitigation plan and state laws requiring trees in high threat areas be removed.

Shasta and Tehama counties sued PG&E in state court, claiming it is responsible for the Zogg Fire. The Shasta County District Attorney's office said it is investigating possible criminal charges against the utility.

PG&E reported in financial filings in December that it expected to be liable for more than $275 million in damages caused by the fire.

Alsup's order claimed that since the start of its probation term in 2016, PG&E equipment has caused 20 wildfires that killed 111 people, destroyed 22,600 structures and burned half a million acres.