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A PG&E Bankruptcy May Be What California Needs for a Utility Fix

Published 01/15/2019, 05:01 AM
Updated 01/15/2019, 05:40 AM
© Bloomberg. Demonstrators protesting PG&E walk towards the company's headquarters in San Francisco on Dec. 11, 2018. Photographer: David Paul Morris/Bloomberg

(Bloomberg) -- For days, California Governor Gavin Newsom and lawmakers deflected questions about what they’d do to keep the state’s largest utility, PG&E Corp. (NYSE:PCG), from going under. On Monday, their response became clear: Not much.

At least not until the power giant has actually gone bankrupt.

Once the San Francisco-based company has made a Chapter 11 filing -- in what’s likely to be one of the largest U.S. utility bankruptcies of all time -- California can jump into the case as a party and wield its power as one of the few entities that must sign off on the company’s final plan to emerge. That leaves room for Newsom to still carry heavy weight in the outcome.

At a press conference Monday, the new Democratic governor began laying out what he wants: safety, reliability and affordability for Californians, even as PG&E takes steps to address its $30 billion in potential wildfire liabilities. In a statement earlier that day, he also keyed in on a top priority: keeping the state on track to “make progress toward our climate goals.”

The filing, viewed by some as the worst outcome, may actually help California decide what type of utility is right for a state with an ever-increasing risk of multibillion-dollar wildfires, according to Severin Borenstein, an energy economist at the University of California, Berkeley. Options such as breaking up the utility giant or turning it into government-owned entities are likely to be hashed out in concert with the bankruptcy proceeding, he said.

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“It will accelerate the discussion that was being had before bankruptcy, which is what is the appropriate structure of utilities given the increased wildfire risk?” Borenstein said. “If we are going to have investor-owned utilities, how do we deal with the fact that they may face multibillion liabilities?”

Deteriorating Finances

Newsom and other lawmakers showed little interest in bailing out the beleaguered company. PG&E determined a bankruptcy filing was “the only viable option” to deal with its deteriorating finances after discussions with state officials, Steven Malnight, senior vice president of energy supply and policy at PG&E’s utility unit, said in an interview.

A bankruptcy reorganization would allow PG&E to operate and keep the lights on as a court considers a restructuring that could save it.

And it would do something else. “It diversifies the responsibility for what plays out,” said Kit Konolige, a senior analyst with Bloomberg Intelligence.

“So far, I would say the politicians have been very successful to avoid being the bad guy,” he said. “Clearly the one in the barrel is the utility. What politician is going to step up and say, ‘I want to save PG&E?’”

At the press conference late Monday, Newsom characterized the utility’s woes as vastly different than the situation that led its utility unit to go bankrupt in 2001. “We are not in an energy crisis,” he said.

He said all options are on the table for the company. “There’s plenty we can do to influence” decisions, even though PG&E’s fate would be decided by a bankruptcy judge, he said.

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‘Vested Interest’

It’s unlikely that the pressure will be off Newsom and the legislature to act. Chapter 11 gives creditors, the company and other stakeholders room to negotiate, which surely would include the state, said Stephen Nielander, adjunct lecturer at San Diego State University.

“You’re really talking about a vital interest asset,” Nielander said. The state has “a vested interest in our citizens being covered and protected. Does that get them a seat at the table? It’s hard to imagine that they’re not.”

It may also pave the way for change in California’s relationship with its power companies. PG&E’s move “underscores the reality that the state cannot regulate utilities as we have for the last 100 years,” Betty Yee, the state’s controller, said in a Twitter post.

“The state needs a complete assessment of our entire electricity grid,” she said in a follow-up email.

‘Sufficient Resources’

The California Public Utilities Commission said it was closely monitoring PG&E, as are the governor’s office and state agencies. The commission would have to sign off on any rate increases or changes required to help the company exit a bankruptcy so would be part of any proceedings. Newsom said he’ll be naming a representative to the regulator “very shortly.”

“At this point, PG&E has sufficient resources to continue to safely meet its core responsibilities and obligations,” Terrie Prosper, a CPUC spokeswoman, said in an emailed statement.

PG&E employs 20,000 people and provides power to more than 15 million. Its liabilities could grow from wildfires in 2017 and 2018. The California Department of Forestry and Fire Protection has blamed 17 of the 2017 blazes in part on company power lines and other equipment.

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Its stock has tanked, and it has little left in the bank -- $1.5 billion in cash and cash equivalents as of Friday. PG&E has said it doesn’t intend to make an interest payment of about $21.6 million due Tuesday on 5.4 percent senior notes due in 2040.

Bonds that traded above face value about two months ago posted steep drops Monday. The stock fell 52 percent to $8.38 a share New York, its biggest one-day drop since 1980. Shares are down more than 80 percent since the Camp Fire, the deadliest blaze in state history, broke out Nov. 8.

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