A class action complaint has been filed in connection with planned power outages instituted as part of a Pacific Gas & Electric (PG&E) fire prevention strategy.

Plaintiff Anthony Gantner claims that the bankrupt power company’s safety record since the late 1970s has been an “abomination,” blaming its poor maintenance of transmission lines for several large, destructive wildfires. The filing states that plaintiffs have suffered undue injury because of these outages, or blackouts, which have been made necessary by PG&E’s own failures.

The complaint was filed as PG&E’s bankruptcy case remains pending in federal court.

The Defendant

After several years of disastrous wildfires attributed to poorly maintained power equipment, and facing tens of billions of dollars in liability, the PG&E fire prevention power shut-offs (described by the defendant as “proactive de-energization”) were instituted in October, the peak of wildfire danger in central and southern California. The intention was to reduce fire risks when there is a risk of Santa Ana winds blowing sparks from power lines on to dry vegetation.

PG&E says that such power blackouts are “recognized best practice” in preventing wildfires, and that it is part of the company’s “Wildfire Safety Plan,” which was submitted to the state Public Utilities Commission. The priority, the company stated, is to “keep customers and communities safe.”

The Plaintiffs

Gantner disagrees. In his complaint, he accuse PG&E of “shifting its duty to provide safe power onto its customers,” forcing them to live without power for days at a time, instead of dealing with the deteriorating condition of its equipment.

Gantner, who grows grapes in the Napa Valley, says that because of the power blackouts, he was unable to finish harvesting several tons of wine grapes and was forced to hire emergency help at considerable expense. Furthermore, he says the winery that buys his grapes was unable to process the harvest because of the blackouts, causing the crop to drop in value.

In addition to the impact on his harvest, Gantner says the outages prevented him from staying in his home, which had no running water as a result. The lack of phone and internet service also prevented him from effectively managing his business, he claims. According to the complaint, as many as 1 million PG&E ratepayers have been similarly affected.

The complaint is seeking $2.5 billion in damages.

PG&E’s Bankruptcy

In January 2019, Pacific Gas & Electric filed for federal bankruptcy protection under Chapter 11. Thanks largely to settlements with victims and the California Public Utilities Commission, PG&E’s total liability has been set at approximately $15 billion. The bankruptcy proceeding complicates things for plaintiffs with claims against the company.

Generally, if the bankruptcy judge agrees to discharge the liability, plaintiffs are out of luck. However, if there are allegations that the company acted with willful or malicious intent, or that fraud was involved, such a claim will stand even after emerging from bankruptcy, according to the Houston Chronicle.

While it is unlikely that PG&E acted with malice, it has become clear that there was extreme negligence involved, and according to The New York Times, it is not the first time.

Gantner’s PG&E Class Action Lawsuit is Case No. 19-03061, U.S. Bankruptcy Court for the Northern District of California.

This article is not legal advice. It is presented
for informational purposes only.