Thread by @mgafni

Big day for #PGE in court today as federal judge will weigh harsh sanctions against the utility as part of the company’s probation terms following the San Bruno explosion mercurynews.com/2019/01/30/fed…

Packed courtroom this morning for #PGE hearing; Cal Fire, CPUC, electrical worker union, even Sonoma and Napa counties filed briefs telling judge his probation strengthening proposals go too far; we'll see what judge says to that mercurynews.com/2019/01/30/fed…

#PGE interim CEO John Simon is seated in first row

Judge Alsup in opening remarks on #PGE probation: "You gotta be on your absolute best behavior. No more crimes"; compares it to drug dealer that commits a different crime, but violates probation

Alsup is NOT sounding happy today, bringing up 2017 wildfires linked to #PGE: "Just think about that. PG&E equipment was involved in starting 17 wildfires....those fires killed 22 people, burned alive in their cars and homes."

Alsup is not pulling punches:

"Usually a criminal on probation is forthcoming and admits what you need to admit. You haven't done that....There is one clear pattern here. PGE is starting these fires."

"Global warming is not starting these fires"

Yikes:

Judge Alsup: "Does a judge turn a blind eye and let PG&E continue what you're doing? Let you keep killing people?"

"Can't we have electricity that is delivered safely in this state?"

Trying to determine if #PGE violated probation by not reporting fact Honey Fire in Butte County had been referred to DA's office for criminal offenses; PG&E attorney saying it DID report it to probation monitor therefore no probation violation

Probation officer that issued report that PG&E violated probation will now testify

BREAKING: Judge rules #PGE violated probation

Probation officer said she got a press release and SEC filing from PG&E re: Honey Fire that mentioned they were at fault, but not the extensive Butte County DA investigation, and later that the DA found criminal violations, but they entered settlement with them

Alsup: "In last 5 years, $4.5 billion dividends paid out to shareholders....some of that could've been paid out to cut trees....But, all the money went to shareholders"

#PGE attorney: It would take 8 years to clear the trees in high threat areas under new more stringent clearances; he says just not enough specialized tree trimmers for the dangerous job out there

#PGE says can't just clear-cut trees even near powerlines cuz private owners and communities fight them...

Judge Alsup: "You spend so much money on lobbying you could go to Sacramento today and get law passed on cutting down those trees"

Judge Alsup on helping with clearing trees: "I could help PGE here...

"If I had a strict order that need to comply, if land owner got in way, could put stop to most of that resistance. You ought to think about that."

#PGE attorney: "PG&E understands and accepts it has a credibility problem"

Judge Alsup is very focused on cutting trees down in the high fire threat areas: "If I was running the company and I believed in safety and had limited resources...I would prioritize to put money where it does the most good"

They've moved to #PGE preemptive power shutdown; Alsup: "PG&E is sending electricity around state, shouldn't PG&E know safety limits of its own system for goodness sakes?" He compared it to an airline that knows the limits of its machinery, equipment and when it can or can't fly

Since #CampFire, #PGE says it now has added a new criteria to when they decide to shut down electricity during dangerous weather event: They now factor in the area's egress options in event of wildfire

Judge Alsup on #CampFire: "If that power had been turned off, that fire would not have been started"

14 of 17 Oct. 2017 wildfires registered winds at 20 mph & up, Judge Alsup: "20 mph is pretty dangerous in month of Oct when Santa Ana winds are upon us & it's dry as can be. It doesn't take a rocket science to see that"

#PGE: The lights will be off a lot if 20 mph is threshold

It's hard to see Judge Alsup not issuing strict restrictions on #PGE the way he's talking: "Will we see headlines PG&E has done it again? Another town is burned down because you didn't turn the power off or cut down the trees?"

Civil attorney Frank Pitre asks judge to speak on the topics; judge will allow it.

Break for 15 minutes.

Judge Alsup hints at softening his earlier probation modification proposals: "Might need some modification, would need some...Studied the criticisms and some good points were made, so I feel I should take that into account"

BTW, we're back from break....Judge Alsup suggests probation monitor might do spot checks: "Monitor can go out there with his hiking boots and walk those lines....and see how good a job PGE is doing"

Also #PGE story updated online as well mercurynews.com/2019/01/30/fed…

Judge Alsup asks for legal brief on what state law says about tree overhanging powerline and if it should be trimmed or if there is discretion if limb is health, distance, etc.

CPUC up in #PGE hearing:
Judge Alsup: "How did it happen so many fires occurred under your regulations?
It sounds harsh, but that's what the people of CA deserve to know, how did that happen?"
CPUC attorney says there aren't official causes for many fires
mercurynews.com/2019/01/30/fed…

Private attorney Frank Pitre now speaking w/ Judge Alsup on immediate increase in de-energization plan: "If we want to do something immediately without a lot of tinkering, why not adopt San Diego Gas & Electric policy right now"
SoCal plan up since 2007 and highly effective

Judge Alsup seems intrigued by the San Diego Gas & Electric model of preemptive power shutdowns proposed by Pitre; trying to determine success rate, complaints arisen, etc

Pitre argues that the impediments #PGE cites from power shutdown can be mostly mollified by robust warnings

CPUC provided de-energization stats statewide from 2017-18:
Avg outage time 2017 and 18: 36 hours
Max outage was with SDGE and it lasted almost four days

Judge Alsup asks rhetorically: Wouldn't 36 hours still keep your food good in a refrigerator?

Judge Alsup seems to be buying into increased de-energization plans w/ proper warnings: "To me that makes sense"

He used example of #PGE impediment of garage door that won't open cuz power out; however, if warned in advance of power shutdown homeowner can leave garage door open

Pitre arguing that #PGE doesn't ensure its tree inspectors are trained properly and have expertise, so it neuters their entire risk management system

Last group to speak is from city of San Bruno, the original victims in this criminal case after 2010 gas blast; that happened due to #PGE gas line, but today is all about wildfires

Judge Alsup asks that when emails become public over why #PGE didn't turn off power in #CampFire or elsewhere: "If we get into the emails will it show PG&E left power on it was because of profits?"
PG&E attorney: No

#PGE just wraps up, judge asks if anyone from public wishes to comment:

He's concluding his comments now

Judge says not making decision on altering probation today

Judge saying he's considering such simple restrictions as:
1) PG&E shall not start another fire
2) PG&E must adopt San Diego Gas & Electric system of power shutdowns

Offers to state AG's office they might consider looking at totality of #PGE activities in last two years: "I think the public ought to know whether PG&E committed criminal acts in way they handled these 11 cases in one month in 2017"

Hearing ends with Judge Alsup thanking interim PGE CEO for attending; Simon says he was listening to everything

Interim CEO Simon declines comment as he leaves courtroom with large #PGE team surrounding him; referring reporters to media line; gaggle goes into separate room

Private attorney Frank Pitre talking outside courthouse

TURN exec dir, Mark Toney, speaking outside courthouse; his utility user advocacy group wants #PGE taken into receivership mercurynews.com/2019/01/30/fed…

Talk over #PGE replicating San Diego Gas & Electric's de-energization plan; big diff btw companies policies is:

PG&E refuses to shut down lines 115K volts or above, whereas SDGE has no such restriction

PG&E had malfunction on such a line before #CampFire
mercurynews.com/2019/01/30/fed…

Checked notes, compared w/ other reporters. At end of hearing, Alsup thanks #PGE interim CEO John Simon, who was sitting in front row, for attending and Simon responded: "I listened carefully and I will take your points"
Simon declined to answer my questions as he left courtroom