California’s utility costs, regulation in play as PG&E files for bankruptcy

30 January 2019 by Steve Blum
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Pacific Gas and Electric filed for bankruptcy protection yesterday, beginning a process that could lead to significant changes in how electricity and natural gas service is delivered in northern California, and how much it costs. It also has the potential for changing the cost sharing calculations that determine how much telecoms companies pay to share poles and conduit with PG&E.

Assuming the federal court allows the bankruptcy to go forward – not a safe assumption according to analysts quoted by Barrons – private contracts and some regulatory directives by the California Public Utilities Commission could be, um, reimagined. PG&E hinted at what might change in its press release announcing the filing

As part of the filings, PG&E also filed various motions with the Court in support of its reorganization, including requesting authorization to continue paying employee wages and providing healthcare and other benefits. In the filings, PG&E also asked for authority to continue existing customer programs, including low income support, energy efficiency and other programs supporting customer adoption of clean energy. PG&E expects the Court to act on these requests in the coming days.

Translation: if you work for us, don’t make assumptions about your paycheck or benefits package for the time being, and if you’re relying on rents extracted by the CPUC or California legislature, make contingency plans.

It’s not time to push the panic button – an experienced bankruptcy judge won’t start slashing and burning – but it isn’t the time to rely on old certainties either. A new U.S. marshal just rode into town, and hasn’t decided whether the local sheriff is the solution or the problem.

Monday, in an emergency meeting held amidst a crowd of raucous protestors, the CPUC gave PG&E permission to borrow more money, which it will have to do to pay for operations during the bankruptcy proceedings – so called debtor in possession financing.

The CPUC also filed a brief with the federal judge overseeing PG&E compliance with criminal sanctions resulting from the deadly San Bruno natural gas explosion in 2010. According to Politico, the CPUC objected to a hugely expensive electric line inspection throughout PG&E’s territory proposed by judge William Alsup, arguing “the proposal interferes with their oversight and would endanger public safety”. It’s arguable whether Alsup’s idea would help or hinder public safety, but there’s no question that it shoves the CPUC aside. Which might be why he’s proposing it: CPUC oversight did not prevent the San Bruno explosion or the Camp Fire or any of the other fires, deadly or otherwise, that PG&E is implicated in.