17 Struggling California Hospitals Accept Millions in Interest-Free Loans
PG&E Bankruptcy Yields $700 Million Fee Bonanza
Jones Day Law Firm Under Scrutiny for Helping Trump — Played Critical Role in Outcome of PG&E Bankruptcy
PG&E Exits Bankruptcy, Pays $5 Billion Into Wildfire Fund
Most PG&E Fire Victims Won't Be Able to Appeal Claim Decisions in Court ... With Some Exceptions
Judge to OK $58B Plan to End PG&E Bankruptcy After Wildfires
PG&E Critics Urge Judge to Reject Utility’s Bankruptcy Plan
Judge Rebukes PG&E for Bid to Pay $4M Criminal Fine From Fire Victims' Fund
Wildfire Survivors' Committee Urges Halt to Voting on PG&E Settlement
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FM","link":"/"}},"news_11959175":{"type":"posts","id":"news_11959175","meta":{"index":"posts_1591205157","site":"news","id":"11959175","score":null,"sort":[1692989337000]},"guestAuthors":[],"slug":"17-california-hospitals-accept-millions-interest-free-loans","title":"17 Struggling California Hospitals Accept Millions in Interest-Free Loans","publishDate":1692989337,"format":"standard","headTitle":"17 Struggling California Hospitals Accept Millions in Interest-Free Loans | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>Seventeen \u003ca href=\"https://hcai.ca.gov/california-announces-300-million-in-financial-support-for-community-hospitals-across-the-state/\">financially distressed California hospitals\u003c/a> — including three that filed for bankruptcy earlier this year — will receive close to $300 million in interest-free loans, state officials announced Thursday.\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/health/2023/01/hospital-closure/\">Madera Community Hospital\u003c/a>, which closed its doors in January, stands to receive the biggest chunk, $52 million. The money comes from the Distressed Hospital Loan Program, which the Legislature created to support rural and independent hospitals that faced financial challenges coming out of the COVID-19 pandemic.\u003c/p>\n\u003cp>The Madera hospital had requested $80 million, but the money it received is expected to be enough to fund a reopening for the rural hospital about 25 miles north of Fresno.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Adventist Health, which operates hospitals in four West Coast states, last month announced a proposal to take over Madera’s operations through a management agreement, contingent on it receiving the state funds. In a letter outlining its terms, Adventist \u003ca href=\"https://calmatters.org/wp-content/uploads/2023/08/Madera-LOI-20230727-final.pdf\">projected needing $55 million to reopen (PDF)\u003c/a> and another $30 million to sustain operations in the second year.[aside postID=news_11958245 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/08/033023_Hollister_Hospital_LV_CM_01-1020x680.jpg']Madera will initially receive $2 million to cover immediate operating costs. Officials at Adventist Health and Madera Community will have to submit a “comprehensive hospital turnaround plan” and, if approved, will then become eligible to receive the remaining $50 million.\u003c/p>\n\u003cp>“This financial assistance is an important step in the right direction to help Madera Community Hospital reopen its doors to the community. We have more work to do, but I’m proud to have led this effort,” said Assemblymember Esmeralda Soria, a Fresno Democrat whose district includes Madera and who authored legislation that led to the loan program.\u003c/p>\n\u003cp>Adventist Health in a written statement said it is working with “community partners and stakeholders in developing a thoughtful, comprehensive hospital turnaround plan.”\u003c/p>\n\u003cp>Beverly Hospital, located east of Los Angeles, will receive $5 million to cover operations while it is in bankruptcy. The hospital applied for $35 million, but it is now set to be bought by Adventist Health White Memorial. A bankruptcy judge last week approved \u003ca href=\"https://oag.ca.gov/system/files/media/bh-638.pdf\">Adventist’s $39 million purchase of Beverly (PDF)\u003c/a>.[pullquote size=\"medium\" align=\"right\" citation=\"State Treasurer Fiona Ma\"]‘The hospitals approved for this program have shown a detailed plan for financial recovery and these funds will help them keep the doors open so they can keep serving their communities.’[/pullquote]Another bankrupt hospital, Hazel Hawkins Memorial, will receive the $10 million it requested. It’s the only source of emergency care in San Benito County, a rural community east of Monterey.\u003c/p>\n\u003cp>“The hospitals approved for this program have shown a detailed plan for financial recovery and these funds will help them keep the doors open so they can keep serving their communities,” said State Treasurer Fiona Ma, whose office is helping administer the funds. Ma said her team has already begun providing instructions and assistance to the awarded hospitals.\u003c/p>\n\u003ch2>Biggest loans to distressed hospitals\u003c/h2>\n\u003cp>The Department of Health Care Access and Information reviewed applications and selected hospitals for the program. Thirty hospitals applied for loans.\u003c/p>\n\u003cp>Other hospitals that will receive significant funding include the following:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.tricitymed.org/wp-content/uploads/2023/07/agenda-packet.Special-Meeting-7.27.23.pdf\">Tri-City Medical Center (PDF)\u003c/a> in San Diego will receive $33.2 million. The hospital recently announced plans to suspend its labor and delivery services amid “financial losses.”\u003c/li>\n\u003cli>\u003ca href=\"https://calmatters.org/health/2023/01/hospital-closure/\">Kaweah Delta Health Care District\u003c/a> in Visalia will get a $20.8 million loan. This hospital laid off 130 employees late last year.\u003c/li>\n\u003cli>\u003ca href=\"https://inewsource.org/2023/02/07/el-centro-hospital-financial-problems/\">El Centro Regional Medical Center\u003c/a> in Imperial County, which in January closed its maternity ward, will receive $28 million.\u003c/li>\n\u003cli>\u003ca href=\"https://pmhd.org/\">Pioneers Memorial Healthcare District\u003c/a>, Imperial County’s only other hospital, also is set to receive $28 million.\u003c/li>\n\u003cli>\u003ca href=\"https://www.dameronhospital.org/\">Dameron Hospital\u003c/a> in Stockton, now also being managed by Adventist Health, will be loaned $29 million.\u003c/li>\n\u003c/ul>\n\u003ch2>Vulnerable California hospitals\u003c/h2>\n\u003cp>Most California hospitals are part of large networks that can navigate turbulent financial periods. A number of community and independent hospitals have struggled for years, especially after the peak of the pandemic. Some recently reduced services or laid off staff.[aside label='More on Health Care' tag='health-care']Hospitals have pointed to a number of factors for their distressed state — increased labor costs, and inadequate reimbursement from public insurance programs, Medicare and Medi-Cal, and in \u003ca href=\"https://fresnoland.org/2023/03/01/reimbursements-rates-madera-hospital-closure/\">some cases private insurance.\u003c/a>\u003c/p>\n\u003cp>Some hospitals began to ask the state for help late last year, but the closure of Madera Community Hospital prompted more urgency from lawmakers. It shut its doors after Trinity Health, a large Catholic health system, pulled out of negotiations to purchase the hospital.\u003c/p>\n\u003cp>Madera Community Hospital in the San Joaquin Valley was the only general acute care hospital in the county of about 160,000 people. The closest emergency rooms are about \u003ca href=\"https://www.fresnobee.com/news/local/article272712840.html\">30 and 40 minutes drive away in Fresno and Merced\u003c/a>.\u003c/p>\n\u003cp>The Distressed Hospital Loan Program closes at the end of 2031. Hospitals will get an 18-month grace period and then will have to repay loans over a six-year period.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The Distressed Hospital Loan Program provides interest-free loans to struggling medical centers in an effort to combat rising costs exacerbated by the pandemic.","status":"publish","parent":0,"modified":1692989243,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":850},"headData":{"title":"17 Struggling California Hospitals Accept Millions in Interest-Free Loans | KQED","description":"The Distressed Hospital Loan Program provides interest-free loans to struggling medical centers in an effort to combat rising costs exacerbated by the pandemic.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"17 Struggling California Hospitals Accept Millions in Interest-Free Loans","datePublished":"2023-08-25T18:48:57.000Z","dateModified":"2023-08-25T18:47:23.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://calmatters.org/author/anaibarra/\">Ana B. Ibarra\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11959175/17-california-hospitals-accept-millions-interest-free-loans","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Seventeen \u003ca href=\"https://hcai.ca.gov/california-announces-300-million-in-financial-support-for-community-hospitals-across-the-state/\">financially distressed California hospitals\u003c/a> — including three that filed for bankruptcy earlier this year — will receive close to $300 million in interest-free loans, state officials announced Thursday.\u003c/p>\n\u003cp>\u003ca href=\"https://calmatters.org/health/2023/01/hospital-closure/\">Madera Community Hospital\u003c/a>, which closed its doors in January, stands to receive the biggest chunk, $52 million. The money comes from the Distressed Hospital Loan Program, which the Legislature created to support rural and independent hospitals that faced financial challenges coming out of the COVID-19 pandemic.\u003c/p>\n\u003cp>The Madera hospital had requested $80 million, but the money it received is expected to be enough to fund a reopening for the rural hospital about 25 miles north of Fresno.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Adventist Health, which operates hospitals in four West Coast states, last month announced a proposal to take over Madera’s operations through a management agreement, contingent on it receiving the state funds. In a letter outlining its terms, Adventist \u003ca href=\"https://calmatters.org/wp-content/uploads/2023/08/Madera-LOI-20230727-final.pdf\">projected needing $55 million to reopen (PDF)\u003c/a> and another $30 million to sustain operations in the second year.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11958245","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/08/033023_Hollister_Hospital_LV_CM_01-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Madera will initially receive $2 million to cover immediate operating costs. Officials at Adventist Health and Madera Community will have to submit a “comprehensive hospital turnaround plan” and, if approved, will then become eligible to receive the remaining $50 million.\u003c/p>\n\u003cp>“This financial assistance is an important step in the right direction to help Madera Community Hospital reopen its doors to the community. We have more work to do, but I’m proud to have led this effort,” said Assemblymember Esmeralda Soria, a Fresno Democrat whose district includes Madera and who authored legislation that led to the loan program.\u003c/p>\n\u003cp>Adventist Health in a written statement said it is working with “community partners and stakeholders in developing a thoughtful, comprehensive hospital turnaround plan.”\u003c/p>\n\u003cp>Beverly Hospital, located east of Los Angeles, will receive $5 million to cover operations while it is in bankruptcy. The hospital applied for $35 million, but it is now set to be bought by Adventist Health White Memorial. A bankruptcy judge last week approved \u003ca href=\"https://oag.ca.gov/system/files/media/bh-638.pdf\">Adventist’s $39 million purchase of Beverly (PDF)\u003c/a>.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The hospitals approved for this program have shown a detailed plan for financial recovery and these funds will help them keep the doors open so they can keep serving their communities.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"State Treasurer Fiona Ma","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Another bankrupt hospital, Hazel Hawkins Memorial, will receive the $10 million it requested. It’s the only source of emergency care in San Benito County, a rural community east of Monterey.\u003c/p>\n\u003cp>“The hospitals approved for this program have shown a detailed plan for financial recovery and these funds will help them keep the doors open so they can keep serving their communities,” said State Treasurer Fiona Ma, whose office is helping administer the funds. Ma said her team has already begun providing instructions and assistance to the awarded hospitals.\u003c/p>\n\u003ch2>Biggest loans to distressed hospitals\u003c/h2>\n\u003cp>The Department of Health Care Access and Information reviewed applications and selected hospitals for the program. Thirty hospitals applied for loans.\u003c/p>\n\u003cp>Other hospitals that will receive significant funding include the following:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.tricitymed.org/wp-content/uploads/2023/07/agenda-packet.Special-Meeting-7.27.23.pdf\">Tri-City Medical Center (PDF)\u003c/a> in San Diego will receive $33.2 million. The hospital recently announced plans to suspend its labor and delivery services amid “financial losses.”\u003c/li>\n\u003cli>\u003ca href=\"https://calmatters.org/health/2023/01/hospital-closure/\">Kaweah Delta Health Care District\u003c/a> in Visalia will get a $20.8 million loan. This hospital laid off 130 employees late last year.\u003c/li>\n\u003cli>\u003ca href=\"https://inewsource.org/2023/02/07/el-centro-hospital-financial-problems/\">El Centro Regional Medical Center\u003c/a> in Imperial County, which in January closed its maternity ward, will receive $28 million.\u003c/li>\n\u003cli>\u003ca href=\"https://pmhd.org/\">Pioneers Memorial Healthcare District\u003c/a>, Imperial County’s only other hospital, also is set to receive $28 million.\u003c/li>\n\u003cli>\u003ca href=\"https://www.dameronhospital.org/\">Dameron Hospital\u003c/a> in Stockton, now also being managed by Adventist Health, will be loaned $29 million.\u003c/li>\n\u003c/ul>\n\u003ch2>Vulnerable California hospitals\u003c/h2>\n\u003cp>Most California hospitals are part of large networks that can navigate turbulent financial periods. A number of community and independent hospitals have struggled for years, especially after the peak of the pandemic. Some recently reduced services or laid off staff.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on Health Care ","tag":"health-care"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Hospitals have pointed to a number of factors for their distressed state — increased labor costs, and inadequate reimbursement from public insurance programs, Medicare and Medi-Cal, and in \u003ca href=\"https://fresnoland.org/2023/03/01/reimbursements-rates-madera-hospital-closure/\">some cases private insurance.\u003c/a>\u003c/p>\n\u003cp>Some hospitals began to ask the state for help late last year, but the closure of Madera Community Hospital prompted more urgency from lawmakers. It shut its doors after Trinity Health, a large Catholic health system, pulled out of negotiations to purchase the hospital.\u003c/p>\n\u003cp>Madera Community Hospital in the San Joaquin Valley was the only general acute care hospital in the county of about 160,000 people. The closest emergency rooms are about \u003ca href=\"https://www.fresnobee.com/news/local/article272712840.html\">30 and 40 minutes drive away in Fresno and Merced\u003c/a>.\u003c/p>\n\u003cp>The Distressed Hospital Loan Program closes at the end of 2031. Hospitals will get an 18-month grace period and then will have to repay loans over a six-year period.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11959175/17-california-hospitals-accept-millions-interest-free-loans","authors":["byline_news_11959175"],"categories":["news_457","news_8"],"tags":["news_29464","news_2632","news_33026","news_18538","news_29546","news_37","news_33025","news_18659","news_4032","news_33024"],"affiliates":["news_18481"],"featImg":"news_11959187","label":"news_18481"},"news_11851347":{"type":"posts","id":"news_11851347","meta":{"index":"posts_1591205157","site":"news","id":"11851347","score":null,"sort":[1608393611000]},"guestAuthors":[],"slug":"pge-bankruptcy-yields-700-million-legal-fee-bonanza-for-wall-street-firms","title":"PG&E Bankruptcy Yields $700 Million Fee Bonanza","publishDate":1608393611,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A collection of lawyers, investment bankers and other financial professionals are set to collect the last installment of $700 million in compensation for their involvement in PG&E's 17-month-long bankruptcy proceedings. The accumulated fees make this one of the costliest bankruptcy cases in U.S. history.\u003c/p>\n\u003cp>U.S. Bankruptcy Court Judge Dennis Montali this week approved most of the legal fees billed by the 32 firms involved in the utility's second run through Chapter 11 bankruptcy protection, which wrapped up in June.\u003c/p>\n\u003cp>KQED’s review of filings with the court found that New York-based Cravath, Swaine & Moore, one of three principal law firms representing PG&E in the bankruptcy, racked up the highest bill: $115.7 million in legal fees and $27.5 million in expenses.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jared Ellias, UC Hastings bankruptcy law professor\"]'It doesn't have to deal with defending itself in court against all the lawsuits brought by fire survivors. But they essentially dealt with that problem by borrowing money to pay for it.'[/pullquote]\u003c/p>\n\u003cp>A fee examiner appointed by the court to oversee costs, reduced the firm's fees by about 7%, \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTEwOTI2MA==&id2=0\">according to court filings\u003c/a>, in part by challenging Cravath's attempt to bill first-year associates not yet admitted to the bar at the same rate as more experienced attorneys.\u003c/p>\n\u003cp>The second-largest haul went to AP Services, an affiliate of consulting firm AlixPartners. One of the firm's managing directors served as PG&E's chief restructuring officer throughout the bankruptcy. In all, the firm \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=NTkzNDI4&id2=0\">billed \u003c/a>$91.1 million, with Montali approving an additional \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTExMTQxMA==&id2=0\">$8 million \"success fee\" in October\u003c/a>.\u003c/p>\n\u003cp>New York-based law firm Weil, Gotshal & Manges, whose lawyers charged as much as $1,695 an hour and played the most visible role representing PG&E in court proceedings, \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTExODc3OQ==&id2=0\">received $52.8 million in fees and expenses\u003c/a> after agreeing to a 4.25% reduction, filings show.\u003c/p>\n\u003cp>Yet another New York-based law firm,\u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTExODc3OQ==&id2=0\"> Simpson Thacher\u003c/a>, which represented current and former PG&E board members, \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTExODc3OQ==&id2=0\">will walk away\u003c/a> with nearly $12 million, after agreeing to a $567,000 reduction.\u003c/p>\n\u003cp>The dominance of New York firms in the case resulted in\u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MjIwOTUy&id2=0\"> disputes over travel costs\u003c/a> early in the bankruptcy, as some lawyers billed as much as \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTg4NzE5&id2=0\">$900 a night for San Francisco hotel rooms\u003c/a>, and in one instance, expensed a nearly $4,000 round-trip plane ticket, all while billing hourly as they traveled. In late 2019, \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MjI5OTE0&id2=0\">Montali approved protocols\u003c/a> pushed by the fee examiner to limit how much firms could charge for non-working travel.\u003c/p>\n\u003cfigure id=\"attachment_11852107\" class=\"wp-caption alignright\" style=\"max-width: 1239px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy.png\">\u003cimg class=\"size-full wp-image-11852107\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy.png\" alt=\"\" width=\"1239\" height=\"610\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy.png 1239w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy-800x394.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy-1020x502.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy-160x79.png 160w\" sizes=\"(max-width: 1239px) 100vw, 1239px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Source: court filings from PG&E bankruptcy proceedings \u003ccite>(Matthew Green/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>PG&E entered into bankruptcy protection early last year, \u003ca href=\"https://www.pgecorp.com/news/press_releases/Release_Archive2019/190114press_release.shtml\">citing liabilities\u003c/a> from wildfires in 2017 and 2018. The voluntary Chapter 11 filing came weeks after PG&E equipment sparked California's deadliest blaze — the Camp Fire — which killed 85 people and destroyed much of the town of Paradise in Northern California. Under the bankruptcy code, as the company filing for Chapter 11, PG&E is responsible not just for its own legal costs, but also for those of the groups it owes money to.\u003c/p>\n\u003cp>That includes BakerHostetler, a law firm that negotiated a \u003ca href=\"https://www.kqed.org/news/11801571/fire-victims-ask-judge-to-reconsider-13-5-billion-pge-settlement\">controversial\u003c/a> multibillion-dollar deal to compensate victims of 2015, 2017 and 2018 California fires. In the process, the firm made almost $58 million, filings show. A portion of that went toward preparing for a trial aimed at estimating PG&E's total fire liabilities. But attorneys ended up settling with PG&E for a confidential sum just as the trial was set to start. BakerHostetler's financial adviser, Lincoln Partners, netted an additional $15.6 million in fees and expenses.\u003c/p>\n\u003cp>Meanwhile, preliminary payments of $25,000 or less started to slowly trickle out last month to the roughly 80,000 PG&E fire survivors.\u003c/p>\n\u003cp>Through his lawyer, fee examiner Bruce Markell declined to comment for this article, citing the confidentiality of negotiations. About half of the firms seeking fees have had their applications approved by the court, with the rest expected in the coming year.\u003c/p>\n\u003cp>Under the complex rules of utility finance, PG&E's revenue comes from the rates its customers pay. But technically, the cost of the bankruptcy will come from elsewhere.\u003c/p>\n\u003cp>[ad fullwidth]\"The shareholders had to pay,\" said Mark Toney, executive director of The Utility Reform Network (TURN). \"The good news is PG&E ratepayers were not charged for any of this.\"\u003c/p>\n\u003cp>Toney said that's a departure from PG&E's first bankruptcy, which was an outgrowth of the state's 2000-01 energy crisis. Back then, ratepayers shouldered more than \u003ca href=\"https://www.latimes.com/archives/la-xpm-2004-apr-13-fi-pge13-story.html\">$400 million in fees\u003c/a> collected by the legal consultants involved.\u003c/p>\n\u003cp>PG&E spokesperson Lynsey Paulo justified the cost of this latest bankruptcy by saying it resulted in the company reaching several deals with groups including fire victims, local governments and holders of insurance claims.\u003c/p>\n\u003cp>Looking forward, \"The plan positions PG&E to make tens of billions of dollars of investments in system hardening and wildfire risk mitigation in the coming years,\" Paulo said.\u003c/p>\n\u003cp>For the time being, PG&E will forego paying a shareholder dividend and instead direct funds to improving safety through infrastructure upgrades and repaying corporate debt, she said.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"bankruptcy\"]But the stability of PG&E's post-bankruptcy financial footing is up for debate. In its most recent quarterly earnings report, the company disclosed \u003ca href=\"http://investor.pgecorp.com/financials/quarterly-earnings-reports/default.aspx\">$2.7 billion in bankruptcy and legal costs\u003c/a> just for the first nine months of 2020. And during the bankruptcy, PG&E substantially increased its debt load \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=NDAxNjM1&id2=0\">from $21.5 billion to $38 billion\u003c/a>. It also raised \u003ca href=\"https://www.sec.gov/ix?doc=/Archives/edgar/data/75488/000100498020000058/pcg-20200930.htm#id9d91c1342f54dd2b7d172df314aa09a_49\">$9 billion in equity\u003c/a> in the \u003ca href=\"https://www.cravath.com/news/pgandes-dollar872-billion-tritranche-equity-offering.html\">largest equity offering\u003c/a> in financial history.\u003c/p>\n\u003cp>\"It doesn't have to deal with defending itself in court against all the lawsuits brought by fire survivors. But they essentially dealt with that problem by borrowing money to pay for it,\" said Jared Ellias, a UC Hastings bankruptcy law professor. \"Now they're going to have to pay interest on that debt. That leaves them in a vulnerable position if there's another crisis.\"\u003c/p>\n\u003cp>On the other hand, \u003ca href=\"https://www.kqed.org/news/11760618/newsom-signs-wildfire-liability-bill-utility-customers-to-pay-10-5-billion-into-new-fund\">a wildfire insurance fund\u003c/a> for California's investor-owned utilities, created by state lawmakers last summer, may help insulate PG&E from future disasters, said Ellias. Ratepayers and shareholders are splitting the cost of PG&E's entry into that fund.\u003c/p>\n\u003cp>Ultimately though, the bankruptcy didn't markedly improve PG&E's financial condition, Ellias noted.\u003c/p>\n\u003cp>\"One could have envisioned PG&E raising money in a different way,\" he said.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The utility's 17-month long bankruptcy proceedings ended up costing about $700 million — or $1.28 million a day — in legal and professional fees, making it one of the costliest bankruptcy cases in U.S. history.","status":"publish","parent":0,"modified":1608670480,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1128},"headData":{"title":"PG&E Bankruptcy Yields $700 Million Fee Bonanza | KQED","description":"The utility's 17-month long bankruptcy proceedings ended up costing about $700 million — or $1.28 million a day — in legal and professional fees, making it one of the costliest bankruptcy cases in U.S. history.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"PG&E Bankruptcy Yields $700 Million Fee Bonanza","datePublished":"2020-12-19T16:00:11.000Z","dateModified":"2020-12-22T20:54:40.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11851347 https://ww2.kqed.org/news/?p=11851347","disqusUrl":"https://ww2.kqed.org/news/2020/12/19/pge-bankruptcy-yields-700-million-legal-fee-bonanza-for-wall-street-firms/","disqusTitle":"PG&E Bankruptcy Yields $700 Million Fee Bonanza","path":"/news/11851347/pge-bankruptcy-yields-700-million-legal-fee-bonanza-for-wall-street-firms","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A collection of lawyers, investment bankers and other financial professionals are set to collect the last installment of $700 million in compensation for their involvement in PG&E's 17-month-long bankruptcy proceedings. The accumulated fees make this one of the costliest bankruptcy cases in U.S. history.\u003c/p>\n\u003cp>U.S. Bankruptcy Court Judge Dennis Montali this week approved most of the legal fees billed by the 32 firms involved in the utility's second run through Chapter 11 bankruptcy protection, which wrapped up in June.\u003c/p>\n\u003cp>KQED’s review of filings with the court found that New York-based Cravath, Swaine & Moore, one of three principal law firms representing PG&E in the bankruptcy, racked up the highest bill: $115.7 million in legal fees and $27.5 million in expenses.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It doesn't have to deal with defending itself in court against all the lawsuits brought by fire survivors. But they essentially dealt with that problem by borrowing money to pay for it.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jared Ellias, UC Hastings bankruptcy law professor","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A fee examiner appointed by the court to oversee costs, reduced the firm's fees by about 7%, \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTEwOTI2MA==&id2=0\">according to court filings\u003c/a>, in part by challenging Cravath's attempt to bill first-year associates not yet admitted to the bar at the same rate as more experienced attorneys.\u003c/p>\n\u003cp>The second-largest haul went to AP Services, an affiliate of consulting firm AlixPartners. One of the firm's managing directors served as PG&E's chief restructuring officer throughout the bankruptcy. In all, the firm \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=NTkzNDI4&id2=0\">billed \u003c/a>$91.1 million, with Montali approving an additional \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTExMTQxMA==&id2=0\">$8 million \"success fee\" in October\u003c/a>.\u003c/p>\n\u003cp>New York-based law firm Weil, Gotshal & Manges, whose lawyers charged as much as $1,695 an hour and played the most visible role representing PG&E in court proceedings, \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTExODc3OQ==&id2=0\">received $52.8 million in fees and expenses\u003c/a> after agreeing to a 4.25% reduction, filings show.\u003c/p>\n\u003cp>Yet another New York-based law firm,\u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTExODc3OQ==&id2=0\"> Simpson Thacher\u003c/a>, which represented current and former PG&E board members, \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTExODc3OQ==&id2=0\">will walk away\u003c/a> with nearly $12 million, after agreeing to a $567,000 reduction.\u003c/p>\n\u003cp>The dominance of New York firms in the case resulted in\u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MjIwOTUy&id2=0\"> disputes over travel costs\u003c/a> early in the bankruptcy, as some lawyers billed as much as \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MTg4NzE5&id2=0\">$900 a night for San Francisco hotel rooms\u003c/a>, and in one instance, expensed a nearly $4,000 round-trip plane ticket, all while billing hourly as they traveled. In late 2019, \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=MjI5OTE0&id2=0\">Montali approved protocols\u003c/a> pushed by the fee examiner to limit how much firms could charge for non-working travel.\u003c/p>\n\u003cfigure id=\"attachment_11852107\" class=\"wp-caption alignright\" style=\"max-width: 1239px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy.png\">\u003cimg class=\"size-full wp-image-11852107\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy.png\" alt=\"\" width=\"1239\" height=\"610\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy.png 1239w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy-800x394.png 800w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy-1020x502.png 1020w, https://ww2.kqed.org/app/uploads/sites/10/2020/12/e7tPa-top-5-recipients-of-fees-from-pg-amp-e-bankruptcy-160x79.png 160w\" sizes=\"(max-width: 1239px) 100vw, 1239px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Source: court filings from PG&E bankruptcy proceedings \u003ccite>(Matthew Green/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>PG&E entered into bankruptcy protection early last year, \u003ca href=\"https://www.pgecorp.com/news/press_releases/Release_Archive2019/190114press_release.shtml\">citing liabilities\u003c/a> from wildfires in 2017 and 2018. The voluntary Chapter 11 filing came weeks after PG&E equipment sparked California's deadliest blaze — the Camp Fire — which killed 85 people and destroyed much of the town of Paradise in Northern California. Under the bankruptcy code, as the company filing for Chapter 11, PG&E is responsible not just for its own legal costs, but also for those of the groups it owes money to.\u003c/p>\n\u003cp>That includes BakerHostetler, a law firm that negotiated a \u003ca href=\"https://www.kqed.org/news/11801571/fire-victims-ask-judge-to-reconsider-13-5-billion-pge-settlement\">controversial\u003c/a> multibillion-dollar deal to compensate victims of 2015, 2017 and 2018 California fires. In the process, the firm made almost $58 million, filings show. A portion of that went toward preparing for a trial aimed at estimating PG&E's total fire liabilities. But attorneys ended up settling with PG&E for a confidential sum just as the trial was set to start. BakerHostetler's financial adviser, Lincoln Partners, netted an additional $15.6 million in fees and expenses.\u003c/p>\n\u003cp>Meanwhile, preliminary payments of $25,000 or less started to slowly trickle out last month to the roughly 80,000 PG&E fire survivors.\u003c/p>\n\u003cp>Through his lawyer, fee examiner Bruce Markell declined to comment for this article, citing the confidentiality of negotiations. About half of the firms seeking fees have had their applications approved by the court, with the rest expected in the coming year.\u003c/p>\n\u003cp>Under the complex rules of utility finance, PG&E's revenue comes from the rates its customers pay. But technically, the cost of the bankruptcy will come from elsewhere.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"The shareholders had to pay,\" said Mark Toney, executive director of The Utility Reform Network (TURN). \"The good news is PG&E ratepayers were not charged for any of this.\"\u003c/p>\n\u003cp>Toney said that's a departure from PG&E's first bankruptcy, which was an outgrowth of the state's 2000-01 energy crisis. Back then, ratepayers shouldered more than \u003ca href=\"https://www.latimes.com/archives/la-xpm-2004-apr-13-fi-pge13-story.html\">$400 million in fees\u003c/a> collected by the legal consultants involved.\u003c/p>\n\u003cp>PG&E spokesperson Lynsey Paulo justified the cost of this latest bankruptcy by saying it resulted in the company reaching several deals with groups including fire victims, local governments and holders of insurance claims.\u003c/p>\n\u003cp>Looking forward, \"The plan positions PG&E to make tens of billions of dollars of investments in system hardening and wildfire risk mitigation in the coming years,\" Paulo said.\u003c/p>\n\u003cp>For the time being, PG&E will forego paying a shareholder dividend and instead direct funds to improving safety through infrastructure upgrades and repaying corporate debt, she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"bankruptcy"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But the stability of PG&E's post-bankruptcy financial footing is up for debate. In its most recent quarterly earnings report, the company disclosed \u003ca href=\"http://investor.pgecorp.com/financials/quarterly-earnings-reports/default.aspx\">$2.7 billion in bankruptcy and legal costs\u003c/a> just for the first nine months of 2020. And during the bankruptcy, PG&E substantially increased its debt load \u003ca href=\"https://restructuring.primeclerk.com/pge/Home-DownloadPDF?id1=NDAxNjM1&id2=0\">from $21.5 billion to $38 billion\u003c/a>. It also raised \u003ca href=\"https://www.sec.gov/ix?doc=/Archives/edgar/data/75488/000100498020000058/pcg-20200930.htm#id9d91c1342f54dd2b7d172df314aa09a_49\">$9 billion in equity\u003c/a> in the \u003ca href=\"https://www.cravath.com/news/pgandes-dollar872-billion-tritranche-equity-offering.html\">largest equity offering\u003c/a> in financial history.\u003c/p>\n\u003cp>\"It doesn't have to deal with defending itself in court against all the lawsuits brought by fire survivors. But they essentially dealt with that problem by borrowing money to pay for it,\" said Jared Ellias, a UC Hastings bankruptcy law professor. \"Now they're going to have to pay interest on that debt. That leaves them in a vulnerable position if there's another crisis.\"\u003c/p>\n\u003cp>On the other hand, \u003ca href=\"https://www.kqed.org/news/11760618/newsom-signs-wildfire-liability-bill-utility-customers-to-pay-10-5-billion-into-new-fund\">a wildfire insurance fund\u003c/a> for California's investor-owned utilities, created by state lawmakers last summer, may help insulate PG&E from future disasters, said Ellias. Ratepayers and shareholders are splitting the cost of PG&E's entry into that fund.\u003c/p>\n\u003cp>Ultimately though, the bankruptcy didn't markedly improve PG&E's financial condition, Ellias noted.\u003c/p>\n\u003cp>\"One could have envisioned PG&E raising money in a different way,\" he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11851347/pge-bankruptcy-yields-700-million-legal-fee-bonanza-for-wall-street-firms","authors":["11552"],"categories":["news_8"],"tags":["news_2632","news_20341","news_27626","news_140","news_24802"],"featImg":"news_11852057","label":"news"},"news_11847256":{"type":"posts","id":"news_11847256","meta":{"index":"posts_1591205157","site":"news","id":"11847256","score":null,"sort":[1605318660000]},"guestAuthors":[],"slug":"jones-day-law-firm-under-scrutiny-for-helping-trump-played-critical-role-in-outcome-of-pge-bankruptcy","title":"Jones Day Law Firm Under Scrutiny for Helping Trump — Played Critical Role in Outcome of PG&E Bankruptcy","publishDate":1605318660,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>President Trump's refusal to concede defeat in last week's election has cast a harsh spotlight on the law firm Jones Day, which is representing the Pennsylvania GOP in a fight over mail-in ballots.\u003c/p>\n\u003cp>The unwelcome attention has been fueled in large part by the social media-savvy band of 'never Trump' Republicans known as the Lincoln Project. The group launched a campaign against Jones Day this week, and also plans to target some of the firm's clients.\u003c/p>\n\u003cp>\"Given the nature of these firms’ on behalf of Donald Trump and his allies, specifically that they know these suits to be frivolous and damaging to our democratic system, folks should be made aware of the people they’re in business with,\" Lincoln Project co-founder Reed Galen told KQED.\u003c/p>\n\u003cp>But UC Hastings Law Professor David Levine said shaming law firms for the clients they represent can be a slippery slope. Unpopular — even notorious — clients have the right to access the nation's justice system, he said, citing a concept that's commonly applied to criminal cases.\u003c/p>\n\u003cp>\"In the long run, that’s bad for the legal system. That’s bad for much less powerful lawyers,\" Levine said. \"It’s much less powerful clients that will be hurt down the line.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Still, critics of PG&E hope the scrutiny will extend to Jones Day's involvement in the company's recent bankruptcy case, in which the firm played a quieter but critical role. When PG&E filed for Chapter 11 bankruptcy protection last year, \u003ca href=\"https://www.npr.org/2019/01/29/689591066/california-power-provider-pg-e-files-for-bankruptcy-in-wake-of-fire-lawsuits\" target=\"_blank\" rel=\"noopener noreferrer\">it cited mounting liabilities\u003c/a> from wildfires caused by its equipment. Jones Day represented Wall Street hedge funds who had amassed significant holdings of PG&E stock in the run-up to the filing.\u003c/p>\n\u003cp>\"The shareholders, in my view, were instrumental in cheating fire victims,\" said Tom Tosdal, who represents more than a thousand PG&E fire survivors, one of whom \u003ca href=\"https://www.kqed.org/news/11808826/fire-survivor-resigns-in-protest-from-pge-bankruptcy-committee\" target=\"_blank\" rel=\"noopener noreferrer\">resigned\u003c/a> from a key bankruptcy committee in March so he could speak out against PG&E's multibillion dollar deal with fire victims.\u003c/p>\n\u003cp>Jones Day's hedge fund clients used their collective stake \u003ca href=\"https://www.wsj.com/articles/three-hedge-funds-win-big-in-pg-es-complex-restructuring-11555438398\" target=\"_blank\" rel=\"noopener noreferrer\">to influence company leadership and board picks \u003c/a>while in court, Jones Day lawyers also \u003ca href=\"https://www.sfchronicle.com/business/article/This-is-not-a-chess-game-Tension-escalates-14464990.php\" target=\"_blank\" rel=\"noopener noreferrer\">downplayed wildfire claims\u003c/a> on their behalf. But even while taking PG&E's side against fire victims, court filings show some of the shareholders were also buying up claims against the company, notably insurance claims. \u003cspan style=\"font-weight: 400\">In theory, those shareholders would have been at the back of the line — behind fire victims — in the bankruptcy pecking order. Instead, critics charge, they ended up shaping the outcome of the case.\u003c/span>\u003c/p>\n\u003cp>Critics say the $11 billion cash settlement between PG&E and insurance claims holders left far less cash in the pot for fire victims. Ultimately, in a deal fire survivors agreed to, PG&E funded a victims trust initially billed as worth $13.5 billion, half in cash and half in PG&E stock. Fluctuations in PG&E stock have left the currently value of the trust at about $2 billion less. [aside label='Related Coverage' tag='pge']\u003c/p>\n\u003cp>\"For law firms playing in that world of bankruptcy, that's how they play: make a deal that pretends that the company will come out healthy. It doesn't matter who profits, who loses,\" Tosdal said. \"Fairness to the fire victims and all the human suffering is so secondary, it's almost irrelevant.\"\u003c/p>\n\u003cp>Jones Day had no comment on questions about its role in the bankruptcy, and the outcome for fire survivors. Throughout the case, the firm filed publicly-available reports of its clients' equity and claims holdings with the bankruptcy court.\u003c/p>\n\u003cp>For its part, PG&E has touted the multibillion dollar settlement with fire victims as fair.\u003c/p>\n\u003cp>So far, the Lincoln Project's pressure campaign appears to be working. On Friday, according to the New York Times, \u003ca href=\"https://www.nytimes.com/2020/11/13/business/porter-wright-trump-pennsylvania.html\" target=\"_blank\" rel=\"noopener noreferrer\">a top Jones Day lawyer told colleagues\u003c/a> on an internal call that the firm would not get involved in further election-related lawsuits.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Editor's Note: Jones Day is a KQED financial supporter.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The Lincoln Project, which produced viral videos during the presidential campaign, launched a push to shame Jones Day and other firms helping President Trump.","status":"publish","parent":0,"modified":1605380437,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":692},"headData":{"title":"Jones Day Law Firm Under Scrutiny for Helping Trump — Played Critical Role in Outcome of PG&E Bankruptcy | KQED","description":"The Lincoln Project, which produced viral videos during the presidential campaign, launched a push to shame Jones Day and other firms helping President Trump.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Jones Day Law Firm Under Scrutiny for Helping Trump — Played Critical Role in Outcome of PG&E Bankruptcy","datePublished":"2020-11-14T01:51:00.000Z","dateModified":"2020-11-14T19:00:37.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11847256 https://ww2.kqed.org/news/?p=11847256","disqusUrl":"https://ww2.kqed.org/news/2020/11/13/jones-day-law-firm-under-scrutiny-for-helping-trump-played-critical-role-in-outcome-of-pge-bankruptcy/","disqusTitle":"Jones Day Law Firm Under Scrutiny for Helping Trump — Played Critical Role in Outcome of PG&E Bankruptcy","path":"/news/11847256/jones-day-law-firm-under-scrutiny-for-helping-trump-played-critical-role-in-outcome-of-pge-bankruptcy","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>President Trump's refusal to concede defeat in last week's election has cast a harsh spotlight on the law firm Jones Day, which is representing the Pennsylvania GOP in a fight over mail-in ballots.\u003c/p>\n\u003cp>The unwelcome attention has been fueled in large part by the social media-savvy band of 'never Trump' Republicans known as the Lincoln Project. The group launched a campaign against Jones Day this week, and also plans to target some of the firm's clients.\u003c/p>\n\u003cp>\"Given the nature of these firms’ on behalf of Donald Trump and his allies, specifically that they know these suits to be frivolous and damaging to our democratic system, folks should be made aware of the people they’re in business with,\" Lincoln Project co-founder Reed Galen told KQED.\u003c/p>\n\u003cp>But UC Hastings Law Professor David Levine said shaming law firms for the clients they represent can be a slippery slope. Unpopular — even notorious — clients have the right to access the nation's justice system, he said, citing a concept that's commonly applied to criminal cases.\u003c/p>\n\u003cp>\"In the long run, that’s bad for the legal system. That’s bad for much less powerful lawyers,\" Levine said. \"It’s much less powerful clients that will be hurt down the line.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Still, critics of PG&E hope the scrutiny will extend to Jones Day's involvement in the company's recent bankruptcy case, in which the firm played a quieter but critical role. When PG&E filed for Chapter 11 bankruptcy protection last year, \u003ca href=\"https://www.npr.org/2019/01/29/689591066/california-power-provider-pg-e-files-for-bankruptcy-in-wake-of-fire-lawsuits\" target=\"_blank\" rel=\"noopener noreferrer\">it cited mounting liabilities\u003c/a> from wildfires caused by its equipment. Jones Day represented Wall Street hedge funds who had amassed significant holdings of PG&E stock in the run-up to the filing.\u003c/p>\n\u003cp>\"The shareholders, in my view, were instrumental in cheating fire victims,\" said Tom Tosdal, who represents more than a thousand PG&E fire survivors, one of whom \u003ca href=\"https://www.kqed.org/news/11808826/fire-survivor-resigns-in-protest-from-pge-bankruptcy-committee\" target=\"_blank\" rel=\"noopener noreferrer\">resigned\u003c/a> from a key bankruptcy committee in March so he could speak out against PG&E's multibillion dollar deal with fire victims.\u003c/p>\n\u003cp>Jones Day's hedge fund clients used their collective stake \u003ca href=\"https://www.wsj.com/articles/three-hedge-funds-win-big-in-pg-es-complex-restructuring-11555438398\" target=\"_blank\" rel=\"noopener noreferrer\">to influence company leadership and board picks \u003c/a>while in court, Jones Day lawyers also \u003ca href=\"https://www.sfchronicle.com/business/article/This-is-not-a-chess-game-Tension-escalates-14464990.php\" target=\"_blank\" rel=\"noopener noreferrer\">downplayed wildfire claims\u003c/a> on their behalf. But even while taking PG&E's side against fire victims, court filings show some of the shareholders were also buying up claims against the company, notably insurance claims. \u003cspan style=\"font-weight: 400\">In theory, those shareholders would have been at the back of the line — behind fire victims — in the bankruptcy pecking order. Instead, critics charge, they ended up shaping the outcome of the case.\u003c/span>\u003c/p>\n\u003cp>Critics say the $11 billion cash settlement between PG&E and insurance claims holders left far less cash in the pot for fire victims. Ultimately, in a deal fire survivors agreed to, PG&E funded a victims trust initially billed as worth $13.5 billion, half in cash and half in PG&E stock. Fluctuations in PG&E stock have left the currently value of the trust at about $2 billion less. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"pge"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"For law firms playing in that world of bankruptcy, that's how they play: make a deal that pretends that the company will come out healthy. It doesn't matter who profits, who loses,\" Tosdal said. \"Fairness to the fire victims and all the human suffering is so secondary, it's almost irrelevant.\"\u003c/p>\n\u003cp>Jones Day had no comment on questions about its role in the bankruptcy, and the outcome for fire survivors. Throughout the case, the firm filed publicly-available reports of its clients' equity and claims holdings with the bankruptcy court.\u003c/p>\n\u003cp>For its part, PG&E has touted the multibillion dollar settlement with fire victims as fair.\u003c/p>\n\u003cp>So far, the Lincoln Project's pressure campaign appears to be working. On Friday, according to the New York Times, \u003ca href=\"https://www.nytimes.com/2020/11/13/business/porter-wright-trump-pennsylvania.html\" target=\"_blank\" rel=\"noopener noreferrer\">a top Jones Day lawyer told colleagues\u003c/a> on an internal call that the firm would not get involved in further election-related lawsuits.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Editor's Note: Jones Day is a KQED financial supporter.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11847256/jones-day-law-firm-under-scrutiny-for-helping-trump-played-critical-role-in-outcome-of-pge-bankruptcy","authors":["11552"],"categories":["news_1758","news_8","news_13"],"tags":["news_2632","news_27370","news_28805","news_28804","news_140"],"featImg":"news_11847484","label":"news"},"news_11827287":{"type":"posts","id":"news_11827287","meta":{"index":"posts_1591205157","site":"news","id":"11827287","score":null,"sort":[1593730265000]},"guestAuthors":[],"slug":"pge-exits-bankruptcy-pays-5-billion-into-wildfire-fund","title":"PG&E Exits Bankruptcy, Pays $5 Billion Into Wildfire Fund","publishDate":1593730265,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Pacific Gas & Electric officially emerged from a contentious bankruptcy saga \u003ca href=\"https://www.kqed.org/news/11721861/pge-files-for-chapter-11-bankruptcy-protection\">that began\u003c/a> after its long-neglected electrical grid ignited wildfires in California, killing more than 100 people.\u003c/p>\n\u003cp>The nation's largest utility on Wednesday announced its exit from Chapter 11 bankruptcy, and paid $5.4 billion in initial funds and more than 22% of its stock into a trust for victims of wildfires caused by its outdated equipment.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"PG&E interim CEO Bill Smith\"]'Our emergence from Chapter 11 marks just the beginning of PG&E’s next era — as a fundamentally improved company and the safe, reliable utility that our customers, communities and California deserve.'[/pullquote]\u003c/p>\n\u003cp>“This is an important milestone, but our work is far from over,” Bill Smith, PG&E's interim CEO, said in a statement. “Our emergence from Chapter 11 marks just the beginning of PG&E’s next era — as a fundamentally improved company and the safe, reliable utility that our customers, communities and California deserve.”\u003c/p>\n\u003cp>A federal judge last month \u003ca href=\"https://www.kqed.org/news/11825532/judge-to-ok-58b-plan-to-end-pge-bankruptcy-after-wildfires\">approved a $58 billion plan\u003c/a> for the company to emerge from bankruptcy by June 30, the deadline it was required to meet to qualify for coverage from a $21 billion wildfire insurance fund created by California last year.\u003c/p>\n\u003cp>U.S. Bankruptcy Judge Dennis Montali's decision cleared the way for PG&E to pay $25.5 billion for losses from devastating fires in 2017 and 2018.\u003c/p>\n\u003cp>Dozens of lawsuits were settled during the ordeal, with $13.5 billion earmarked for more than 80,000 people who lost family, homes, businesses and other property in the fires.\u003c/p>\n\u003cp>In a rare outcome, half of the settlement funds have been paid into the fire victims' trust in the form of PG&E stock.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The lackluster performance of those shares has reduced the value of the trust considerably; its estimated worth is now closer to $11 billion.\u003c/p>\n\u003cp>\"What has happened really is that PG&E and the major shareholders have sold fire victims a bill of goods,\" said attorney Tom Tosdal, who represents Camp Fire victim Kirk Trostle. In March, Trostle was one of three people who stepped down in protest from the official committee representing fire victims so he could speak out against the deal.\u003c/p>\n\u003cp>\"What's really being delivered in terms of stock value will be more than $2 billion less than what was promised,\" Tosdal said.\u003c/p>\n\u003cp>Longtime supporters of the deal remain optimistic.\u003c/p>\n\u003cp>That value, however, could change if PG&E shares make gains. The company's participation in the state wildfire insurance fund may help the stock weather what is expected to be a particularly risky fire season.\u003c/p>\n\u003cp>PG&E officials have also noted that the stock portion of the settlement agreement is expected to eventually be sold, which could maximize the value of trust assets used to satisfy wildfire claims.\u003c/p>\n\u003cp>\"The ultimate value of the stock component of the settlement therefore is not known at this time and could exceed $6.75 billion over time,\" PG&E spokesperson Lynsey Paulo said in an email.\u003c/p>\n\u003cp>[aside label=\"more PG&E coverage\" tag=\"bankruptcy\"]\"Everybody expects this stock to go up, and it has been going up,\" said attorney Gerald Singleton, who represents 7,000 fire victims. \"We're hoping that when it's time to sell, it's going to be $14 or $15 billion and that our clients will get more. There's no way to tell and that was the risk that we took.\"\u003c/p>\n\u003cp>In the run-up to its exit from bankruptcy, PG&E began making sweeping organizational changes. The company is searching for a new CEO to replace Bill Johnson, \u003ca href=\"https://www.kqed.org/news/11813601/after-a-tumultuous-year-pges-ceo-bill-johnson-plans-to-step-down\">who stepped down June 30\u003c/a> after just 14 tumultuous months on the job. In June, the company also \u003ca href=\"https://www.latimes.com/business/story/2020-06-11/pge-edges-toward-bankruptcy-exit-with-a-new-board-and-a-planned-move-to-oakland\">overhauled its board of directors\u003c/a>, including 11 members who were just recently appointed, and announced plans to sell its downtown San Francisco headquarters and relocate to Oakland to lower costs.\u003c/p>\n\u003cp>Additionally, it committed to slicing up its sprawling territory into regional units to be more responsive to the different needs of the 16 million people who rely on it for power.\u003c/p>\n\u003cp>Financing the plan requires PG&E to nearly double its debt, saddling the company with a burden its critics fear will make it more difficult to raise the estimated $40 billion for improvements it still needs to make to its electrical grid.\u003c/p>\n\u003cp>This marks the second time in 16 years the utility has navigated a complex bankruptcy case. The last time it emerged from bankruptcy, in 2004, electricity rates soared and management focused even more on boosting profits instead of upgrading its power supply.\u003c/p>\n\u003cp>\u003cem>This report includes reporting from KQED's Lily Jamali and The Associated Press.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The nation's largest utility emerged this week from a contentious bankruptcy saga that began after its outdated equipment ignited massive wildfires in California that killed more than 100 people.","status":"publish","parent":0,"modified":1593734625,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":808},"headData":{"title":"PG&E Exits Bankruptcy, Pays $5 Billion Into Wildfire Fund | KQED","description":"The nation's largest utility emerged this week from a contentious bankruptcy saga that began after its outdated equipment ignited massive wildfires in California that killed more than 100 people.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"PG&E Exits Bankruptcy, Pays $5 Billion Into Wildfire Fund","datePublished":"2020-07-02T22:51:05.000Z","dateModified":"2020-07-03T00:03:45.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11827287 https://ww2.kqed.org/news/?p=11827287","disqusUrl":"https://ww2.kqed.org/news/2020/07/02/pge-exits-bankruptcy-pays-5-billion-into-wildfire-fund/","disqusTitle":"PG&E Exits Bankruptcy, Pays $5 Billion Into Wildfire Fund","path":"/news/11827287/pge-exits-bankruptcy-pays-5-billion-into-wildfire-fund","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Pacific Gas & Electric officially emerged from a contentious bankruptcy saga \u003ca href=\"https://www.kqed.org/news/11721861/pge-files-for-chapter-11-bankruptcy-protection\">that began\u003c/a> after its long-neglected electrical grid ignited wildfires in California, killing more than 100 people.\u003c/p>\n\u003cp>The nation's largest utility on Wednesday announced its exit from Chapter 11 bankruptcy, and paid $5.4 billion in initial funds and more than 22% of its stock into a trust for victims of wildfires caused by its outdated equipment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Our emergence from Chapter 11 marks just the beginning of PG&E’s next era — as a fundamentally improved company and the safe, reliable utility that our customers, communities and California deserve.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"PG&E interim CEO Bill Smith","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This is an important milestone, but our work is far from over,” Bill Smith, PG&E's interim CEO, said in a statement. “Our emergence from Chapter 11 marks just the beginning of PG&E’s next era — as a fundamentally improved company and the safe, reliable utility that our customers, communities and California deserve.”\u003c/p>\n\u003cp>A federal judge last month \u003ca href=\"https://www.kqed.org/news/11825532/judge-to-ok-58b-plan-to-end-pge-bankruptcy-after-wildfires\">approved a $58 billion plan\u003c/a> for the company to emerge from bankruptcy by June 30, the deadline it was required to meet to qualify for coverage from a $21 billion wildfire insurance fund created by California last year.\u003c/p>\n\u003cp>U.S. Bankruptcy Judge Dennis Montali's decision cleared the way for PG&E to pay $25.5 billion for losses from devastating fires in 2017 and 2018.\u003c/p>\n\u003cp>Dozens of lawsuits were settled during the ordeal, with $13.5 billion earmarked for more than 80,000 people who lost family, homes, businesses and other property in the fires.\u003c/p>\n\u003cp>In a rare outcome, half of the settlement funds have been paid into the fire victims' trust in the form of PG&E stock.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The lackluster performance of those shares has reduced the value of the trust considerably; its estimated worth is now closer to $11 billion.\u003c/p>\n\u003cp>\"What has happened really is that PG&E and the major shareholders have sold fire victims a bill of goods,\" said attorney Tom Tosdal, who represents Camp Fire victim Kirk Trostle. In March, Trostle was one of three people who stepped down in protest from the official committee representing fire victims so he could speak out against the deal.\u003c/p>\n\u003cp>\"What's really being delivered in terms of stock value will be more than $2 billion less than what was promised,\" Tosdal said.\u003c/p>\n\u003cp>Longtime supporters of the deal remain optimistic.\u003c/p>\n\u003cp>That value, however, could change if PG&E shares make gains. The company's participation in the state wildfire insurance fund may help the stock weather what is expected to be a particularly risky fire season.\u003c/p>\n\u003cp>PG&E officials have also noted that the stock portion of the settlement agreement is expected to eventually be sold, which could maximize the value of trust assets used to satisfy wildfire claims.\u003c/p>\n\u003cp>\"The ultimate value of the stock component of the settlement therefore is not known at this time and could exceed $6.75 billion over time,\" PG&E spokesperson Lynsey Paulo said in an email.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"more PG&E coverage ","tag":"bankruptcy"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"Everybody expects this stock to go up, and it has been going up,\" said attorney Gerald Singleton, who represents 7,000 fire victims. \"We're hoping that when it's time to sell, it's going to be $14 or $15 billion and that our clients will get more. There's no way to tell and that was the risk that we took.\"\u003c/p>\n\u003cp>In the run-up to its exit from bankruptcy, PG&E began making sweeping organizational changes. The company is searching for a new CEO to replace Bill Johnson, \u003ca href=\"https://www.kqed.org/news/11813601/after-a-tumultuous-year-pges-ceo-bill-johnson-plans-to-step-down\">who stepped down June 30\u003c/a> after just 14 tumultuous months on the job. In June, the company also \u003ca href=\"https://www.latimes.com/business/story/2020-06-11/pge-edges-toward-bankruptcy-exit-with-a-new-board-and-a-planned-move-to-oakland\">overhauled its board of directors\u003c/a>, including 11 members who were just recently appointed, and announced plans to sell its downtown San Francisco headquarters and relocate to Oakland to lower costs.\u003c/p>\n\u003cp>Additionally, it committed to slicing up its sprawling territory into regional units to be more responsive to the different needs of the 16 million people who rely on it for power.\u003c/p>\n\u003cp>Financing the plan requires PG&E to nearly double its debt, saddling the company with a burden its critics fear will make it more difficult to raise the estimated $40 billion for improvements it still needs to make to its electrical grid.\u003c/p>\n\u003cp>This marks the second time in 16 years the utility has navigated a complex bankruptcy case. The last time it emerged from bankruptcy, in 2004, electricity rates soared and management focused even more on boosting profits instead of upgrading its power supply.\u003c/p>\n\u003cp>\u003cem>This report includes reporting from KQED's Lily Jamali and The Associated Press.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11827287/pge-exits-bankruptcy-pays-5-billion-into-wildfire-fund","authors":["237"],"categories":["news_8"],"tags":["news_2632","news_21878","news_140","news_24802"],"featImg":"news_11778879","label":"news"},"news_11826612":{"type":"posts","id":"news_11826612","meta":{"index":"posts_1591205157","site":"news","id":"11826612","score":null,"sort":[1593636648000]},"guestAuthors":[],"slug":"most-pge-fire-victims-wont-be-able-to-appeal-claim-decisions-in-court-with-some-exceptions","title":"Most PG&E Fire Victims Won't Be Able to Appeal Claim Decisions in Court ... With Some Exceptions","publishDate":1593636648,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>When the trustee overseeing the compensation fund for PG&E fire victims determines the values of some 80,000 claims, the vast majority of claimants won't have the opportunity to appeal the decision in court.\u003c/p>\n\u003cp>But the judge overseeing the utility's bankruptcy case has granted exceptions to a handful of local government agencies, corporations and individuals. They include Comcast, Adventist Health, Paradise Unified School District and five individual fire victims, who will have the right to what’s known as “judicial review” if they are dissatisfied with their awards.\u003c/p>\n\u003cp>The ability to contest decisions could take on relevance soon, as the disgraced utility is set to emerge from bankruptcy protection as early as today, and begin funding the trust. The company \u003ca href=\"https://www.kqed.org/news/11721861/pge-files-for-chapter-11-bankruptcy-protection\">filed for Chapter 11 bankruptcy protection\u003c/a> in January 2019, citing billions in wildfire liabilities.\u003c/p>\n\u003cp>In a deal reached in December, fire survivors were promised approximately $13.5 billion paid out in a combination of cash and PG&E stock. But the lackluster performance of PG&E shares means the deal is now worth \u003ca href=\"https://www.ft.com/content/6902e071-22fc-4fac-aeaa-7d1a5f3b99bc\">closer to $11.2 billion\u003c/a>.\u003c/p>\n\u003cp>On Monday, retired Justice John Trotter, the fund trustee, announced the names of those chosen to be on the committee overseeing the trust, a group comprised almost exclusively of mass tort lawyers representing PG&E fire victims.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Among them is attorney Doug Boxer — the son of former California Sen. Barbara Boxer — whose firm has partnered with the Watts Guerra law group. Amy Bach of the consumer group United Policyholders is the only advocate on the list.\u003c/p>\n\u003cp>The trust will begin \u003ca href=\"https://www.firevictimtrust.com/\">accepting claims information\u003c/a> from fire victims this week.\u003c/p>\n\u003cp>Experts say access to judicial review can be a valuable bargaining chip.\u003c/p>\n\u003cp>“The advantage of judicial review is that it's a second bite at the apple. You get another chance to make your case that the administrator made a mistake. The carve-out for those people gives them an advantage that nobody else has,” said Kenneth Feinberg, an attorney who has administered major trusts, including those stemming from the BP oil spill and the 9/11 attacks.\u003c/p>\n\u003cp>[aside label=\"more PG&E coverage\" tag=\"bankruptcy\"] Feinberg said he's never seen exceptions like the ones granted in the PG&E case.\u003c/p>\n\u003cp>“It’s very unusual,” he said. “There may be a very good reason. But the idea that a very small number can get judicial review, but everybody else is bound by the administrator's determination, is rare.”\u003c/p>\n\u003cp>Court appeals in this type of bankruptcy case are often restricted to allow the trustee to process claims more efficiently, said Jared Ellias, a bankruptcy law professor at UC Hastings.\u003c/p>\n\u003cp>“If you have lots of appeals, that can slow everything down to a crawl, and people can end up waiting years to get paid,” Ellias said. But, he added, \u003cspan style=\"font-weight: 400\">“The setup procedures should be the same for everybody, not just the people who are sophisticated enough to represent their own interests.\"\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Judicial review is rarely used, Ellias noted. But, he said, having the right to appeal does offer claimants more leverage.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"My strong hope is that it won’t matter. If it does matter, it probably works in favor of the VIP fire survivors.\" \u003c/span>\u003c/p>\n\u003cp>The very small group of individuals granted the right to appeal — largely because they raised concerns about the process — includes Debra Grassgreen, a bankruptcy attorney, and her husband, who lost their home in the 2017 Atlas Fire. Grassgreen has served on the team representing The Baupost Group, a hedge fund, which is set to reap a large profit from PG&E's bankruptcy.\u003c/p>\n\u003cp>Eric and Julie Carlson, who lost their home in the 2017 Tubbs Fire, and Camp Fire survivor Mary Kim Wallace are the only other individuals granted the right to seek a court review.\u003c/p>\n\u003cp>\"The only thing that makes you different from 70-some-odd or 80,000 other victims ... is that you complained that there was no access to a court if you were not satisfied with what the trustee determines,\" Judge Dennis Montali told Wallace in a hearing last week.\u003c/p>\n\u003cp>Under the terms of the fire victims' trust agreement, unsatisfied claimants can ask mediators to review award determinations. But the trustee has the power to override those decisions. Aside from those granted the court review exception, most fire victims will not be able to appeal to an outside court.\u003c/p>\n\u003cp>For months, some claimants have lobbied the Tort Claimants Committee (TCC), the group representing fire survivors in the case, to push for judicial review for all victims or, at the very least, to ensure that claimants are fully aware they won't have the right to appeal.\u003c/p>\n\u003cp>When KQED asked why the group did not advocate for this, a TCC attorney declined to comment.\u003c/p>\n\u003cp>One fire survivor is now attempting to secure the right to judicial review for all of the approximately 6,000 survivors who rejected the deal when they voted on it this spring. The vote to reject, argues Camp Fire survivor Theresa Ann McDonald, constitutes an objection similar to those brought by the parties who now have access to a court appeal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The judge has asked PG&E, the TCC and the trustee to weigh in on McDonald's request.\u003c/p>\n\n","blocks":[],"excerpt":"The vast majority of PG&E wildfire victims awaiting compensation from the utility will not be able to appeal in court if they are dissatisfied with their award — a factor that could come into play soon, as the utility emerges from bankruptcy protection and begins funding the trust.","status":"publish","parent":0,"modified":1593665081,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":896},"headData":{"title":"Most PG&E Fire Victims Won't Be Able to Appeal Claim Decisions in Court ... With Some Exceptions | KQED","description":"The vast majority of PG&E wildfire victims awaiting compensation from the utility will not be able to appeal in court if they are dissatisfied with their award — a factor that could come into play soon, as the utility emerges from bankruptcy protection and begins funding the trust.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Most PG&E Fire Victims Won't Be Able to Appeal Claim Decisions in Court ... With Some Exceptions","datePublished":"2020-07-01T20:50:48.000Z","dateModified":"2020-07-02T04:44:41.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11826612 https://ww2.kqed.org/news/?p=11826612","disqusUrl":"https://ww2.kqed.org/news/2020/07/01/most-pge-fire-victims-wont-be-able-to-appeal-claim-decisions-in-court-with-some-exceptions/","disqusTitle":"Most PG&E Fire Victims Won't Be Able to Appeal Claim Decisions in Court ... With Some Exceptions","path":"/news/11826612/most-pge-fire-victims-wont-be-able-to-appeal-claim-decisions-in-court-with-some-exceptions","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>When the trustee overseeing the compensation fund for PG&E fire victims determines the values of some 80,000 claims, the vast majority of claimants won't have the opportunity to appeal the decision in court.\u003c/p>\n\u003cp>But the judge overseeing the utility's bankruptcy case has granted exceptions to a handful of local government agencies, corporations and individuals. They include Comcast, Adventist Health, Paradise Unified School District and five individual fire victims, who will have the right to what’s known as “judicial review” if they are dissatisfied with their awards.\u003c/p>\n\u003cp>The ability to contest decisions could take on relevance soon, as the disgraced utility is set to emerge from bankruptcy protection as early as today, and begin funding the trust. The company \u003ca href=\"https://www.kqed.org/news/11721861/pge-files-for-chapter-11-bankruptcy-protection\">filed for Chapter 11 bankruptcy protection\u003c/a> in January 2019, citing billions in wildfire liabilities.\u003c/p>\n\u003cp>In a deal reached in December, fire survivors were promised approximately $13.5 billion paid out in a combination of cash and PG&E stock. But the lackluster performance of PG&E shares means the deal is now worth \u003ca href=\"https://www.ft.com/content/6902e071-22fc-4fac-aeaa-7d1a5f3b99bc\">closer to $11.2 billion\u003c/a>.\u003c/p>\n\u003cp>On Monday, retired Justice John Trotter, the fund trustee, announced the names of those chosen to be on the committee overseeing the trust, a group comprised almost exclusively of mass tort lawyers representing PG&E fire victims.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Among them is attorney Doug Boxer — the son of former California Sen. Barbara Boxer — whose firm has partnered with the Watts Guerra law group. Amy Bach of the consumer group United Policyholders is the only advocate on the list.\u003c/p>\n\u003cp>The trust will begin \u003ca href=\"https://www.firevictimtrust.com/\">accepting claims information\u003c/a> from fire victims this week.\u003c/p>\n\u003cp>Experts say access to judicial review can be a valuable bargaining chip.\u003c/p>\n\u003cp>“The advantage of judicial review is that it's a second bite at the apple. You get another chance to make your case that the administrator made a mistake. The carve-out for those people gives them an advantage that nobody else has,” said Kenneth Feinberg, an attorney who has administered major trusts, including those stemming from the BP oil spill and the 9/11 attacks.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"more PG&E coverage ","tag":"bankruptcy"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> Feinberg said he's never seen exceptions like the ones granted in the PG&E case.\u003c/p>\n\u003cp>“It’s very unusual,” he said. “There may be a very good reason. But the idea that a very small number can get judicial review, but everybody else is bound by the administrator's determination, is rare.”\u003c/p>\n\u003cp>Court appeals in this type of bankruptcy case are often restricted to allow the trustee to process claims more efficiently, said Jared Ellias, a bankruptcy law professor at UC Hastings.\u003c/p>\n\u003cp>“If you have lots of appeals, that can slow everything down to a crawl, and people can end up waiting years to get paid,” Ellias said. But, he added, \u003cspan style=\"font-weight: 400\">“The setup procedures should be the same for everybody, not just the people who are sophisticated enough to represent their own interests.\"\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Judicial review is rarely used, Ellias noted. But, he said, having the right to appeal does offer claimants more leverage.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\"My strong hope is that it won’t matter. If it does matter, it probably works in favor of the VIP fire survivors.\" \u003c/span>\u003c/p>\n\u003cp>The very small group of individuals granted the right to appeal — largely because they raised concerns about the process — includes Debra Grassgreen, a bankruptcy attorney, and her husband, who lost their home in the 2017 Atlas Fire. Grassgreen has served on the team representing The Baupost Group, a hedge fund, which is set to reap a large profit from PG&E's bankruptcy.\u003c/p>\n\u003cp>Eric and Julie Carlson, who lost their home in the 2017 Tubbs Fire, and Camp Fire survivor Mary Kim Wallace are the only other individuals granted the right to seek a court review.\u003c/p>\n\u003cp>\"The only thing that makes you different from 70-some-odd or 80,000 other victims ... is that you complained that there was no access to a court if you were not satisfied with what the trustee determines,\" Judge Dennis Montali told Wallace in a hearing last week.\u003c/p>\n\u003cp>Under the terms of the fire victims' trust agreement, unsatisfied claimants can ask mediators to review award determinations. But the trustee has the power to override those decisions. Aside from those granted the court review exception, most fire victims will not be able to appeal to an outside court.\u003c/p>\n\u003cp>For months, some claimants have lobbied the Tort Claimants Committee (TCC), the group representing fire survivors in the case, to push for judicial review for all victims or, at the very least, to ensure that claimants are fully aware they won't have the right to appeal.\u003c/p>\n\u003cp>When KQED asked why the group did not advocate for this, a TCC attorney declined to comment.\u003c/p>\n\u003cp>One fire survivor is now attempting to secure the right to judicial review for all of the approximately 6,000 survivors who rejected the deal when they voted on it this spring. The vote to reject, argues Camp Fire survivor Theresa Ann McDonald, constitutes an objection similar to those brought by the parties who now have access to a court appeal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The judge has asked PG&E, the TCC and the trustee to weigh in on McDonald's request.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11826612/most-pge-fire-victims-wont-be-able-to-appeal-claim-decisions-in-court-with-some-exceptions","authors":["11552"],"categories":["news_8"],"tags":["news_2632","news_24483","news_21878","news_140","news_24802"],"featImg":"news_11742389","label":"news"},"news_11825532":{"type":"posts","id":"news_11825532","meta":{"index":"posts_1591205157","site":"news","id":"11825532","score":null,"sort":[1592658053000]},"guestAuthors":[],"slug":"judge-to-ok-58b-plan-to-end-pge-bankruptcy-after-wildfires","title":"Judge to OK $58B Plan to End PG&E Bankruptcy After Wildfires","publishDate":1592658053,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>A federal judge on Friday said he was approving a $58 billion plan by the nation’s largest utility to end a contentious bankruptcy saga that began after Pacific Gas & Electric’s outdated equipment ignited wildfires killing more than 100 people, and wiping out entire towns, leading the company to confess to crimes driven by its greed and neglect.\u003c/p>\n\u003cp>The decision by U.S. Bankruptcy Judge Dennis Montali clears the way for PG&E to pay $25.5 billion for losses from devastating fires in 2017 and 2018. The judge said he will sign the formal order confirming PG&E’s plan late Friday or Saturday after the company’s lawyers make a few minor revisions worked out during a two-hour hearing.\u003c/p>\n\u003cp>“This has been a comprehensive and complex challenge for everyone,” Montali said as he thanked everyone involved in the 17-month bankruptcy case.\u003c/p>\n\u003cp>Dozens of lawsuits were settled during the ordeal, with $13.5 billion earmarked for more than 80,000 people who lost family, homes, businesses and other property in the fires.\u003c/p>\n\u003cp>“This is a great day,” said Robert Julian, a lawyer for the bankruptcy committee representing the interests of wildfire survivors. “We are going to start getting money into the hands of the victims.” It still will likely take two to three months for the plan to become effective and PG&E has raised all the money it needs to start funding the victims’ trust and making other promised payments.[aside postID=news_11710884 hero='https://ww2.kqed.org/app/uploads/sites/10/2018/12/GettyImages-1070764466-e1544221282927-1038x576.jpg']\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>PG&E declined to comment, but it plans to issue a statement after Montali signs the final order. The confirmation comes ahead of a June 30 deadline that the company had to meet to qualify for coverage from a $21 billion wildfire insurance fund created by California last year.\u003c/p>\n\u003cp>The company still faces formidable challenges: Montali’s decision is allowing the company to emerge from its financial morass just as California heads into a summer expected to bring especially high wildfire risks.\u003c/p>\n\u003cp>The company plans to find a new CEO to replace Bill Johnson, who will step down June 30 after just 14 months on the job. It has overhauled its board of directors, including 11 members who were just recently appointed. PG&E also has committed to slicing up its sprawling territory into regional units to be more responsive to the different needs of the 16 million people who rely on it for power.[aside tag=\"pge\" label=\"related coverage\"]\u003c/p>\n\u003cp>Financing the plan requires PG&E to nearly double its debt, saddling the company with a burden its critics fear will make it more difficult to raise the estimated $40 billion for improvements that the utility still needs to make to its electrical grid.\u003c/p>\n\u003cp>It’s still uncertain whether PG&E is ready to meet the challenges ahead, although the company insists it’s on a new path that will result in safer and more reliable service. PG&E is still behind in its efforts to trim trees and other vegetation that serve as tinder for its power lines during dry, windy conditions.\u003c/p>\n\u003cp>“This does not put us into a new chapter at PG&E,” said Will Abrams, a survivor of a 2017 wildfire who had been trying to convince the judge to reject the company’s bankruptcy plan. “This was an opportunity missed.”\u003c/p>\n\u003cp>But Montali decided PG&E’s plan met the bankruptcy code’s standard of being “feasible” and asserted he saw no other viable alternative to pay wildfire victims who have been suffering for years.\u003c/p>\n\u003cp>“Mr. Abrams’ desire for a better PG&E, for a better environment and a better Northern California, safe from wildfires, while aspirational and well-intended, is not something the bankruptcy code or this court can deliver,” Montali wrote in a memo outlining his decision.\u003c/p>\n\u003cp>PG&E’s shortcomings have infuriated a federal judge in a separate court case. U.S. District Judge William Alsup oversees the company’s probation following a felony criminal conviction over a natural gas explosion in 2010 that killed eight people in the San Francisco Bay Area. He wants to impose more safety requirements on PG&E to reduce wildfire risks posed by its electrical grid, but the company has resisted his efforts so far, saying it is meeting the standards of California regulators.\u003c/p>\n\u003cp>PG&E also expects to have to turn off power in parts of its service territory later this year to reduce wildfire risks during hot, windy weather.\u003c/p>\n\u003cp>Planned blackouts last year affected more than 2 million people at certain times, and the utility bungled them so badly that it had to publicly apologize and give $86 million in customer refunds.\u003c/p>\n\u003cp>State regulators are still investigating PG&E’s mishandling of those deliberate blackouts, which left many wondering how an area that’s home to some of the world’s most influential technology companies can’t find a way to keep the power on for days at a time. PG&E has pledged to better communicate about future outages and take steps to reduce how often they’re used.\u003c/p>\n\u003cp>This marks the second time in 16 years that PG&E has navigated a complex bankruptcy case that has raised questions about how it should operate in the future. The last time the company emerged from bankruptcy, in 2004, electricity rates soared and management focused even more on boosting profits instead of upgrading its power supply.\u003c/p>\n\u003cp>Earlier this week, PG&E took the extraordinary step of pleading guilty to 84 felony counts of involuntary manslaughter for a horrific November 2018 wildfire that wiped out the town of Paradise. The inferno, known as the Camp Fire, erupted along a power system with parts that were nearly a century old. Besides the deaths, PG&E also pleaded guilty to one felony count of unlawfully starting a fire.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>PG&E will pay a maximum fine of $4 million for those crimes, a penalty that incited more outrage and indignation among families of the dead who shared their heartbreaking stories before the company’s sentencing. The judge said that if the same crimes had been committed by an individual instead of a company, he would have been able to sentence the person to 90 years in prison.\u003c/p>\n\n","blocks":[],"excerpt":"A federal judge on Friday said he was approving a $58 billion plan by the nation’s largest utility to end a contentious bankruptcy saga. ","status":"publish","parent":0,"modified":1592863964,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":1111},"headData":{"title":"Judge to OK $58B Plan to End PG&E Bankruptcy After Wildfires | KQED","description":"A federal judge on Friday said he was approving a $58 billion plan by the nation’s largest utility to end a contentious bankruptcy saga. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge to OK $58B Plan to End PG&E Bankruptcy After Wildfires","datePublished":"2020-06-20T13:00:53.000Z","dateModified":"2020-06-22T22:12:44.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11825532 https://ww2.kqed.org/news/?p=11825532","disqusUrl":"https://ww2.kqed.org/news/2020/06/20/judge-to-ok-58b-plan-to-end-pge-bankruptcy-after-wildfires/","disqusTitle":"Judge to OK $58B Plan to End PG&E Bankruptcy After Wildfires","source":"News","sourceUrl":"https://www.kqed.org/news","nprByline":"Michael Liedtke \u003cbr> Associated Press","path":"/news/11825532/judge-to-ok-58b-plan-to-end-pge-bankruptcy-after-wildfires","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal judge on Friday said he was approving a $58 billion plan by the nation’s largest utility to end a contentious bankruptcy saga that began after Pacific Gas & Electric’s outdated equipment ignited wildfires killing more than 100 people, and wiping out entire towns, leading the company to confess to crimes driven by its greed and neglect.\u003c/p>\n\u003cp>The decision by U.S. Bankruptcy Judge Dennis Montali clears the way for PG&E to pay $25.5 billion for losses from devastating fires in 2017 and 2018. The judge said he will sign the formal order confirming PG&E’s plan late Friday or Saturday after the company’s lawyers make a few minor revisions worked out during a two-hour hearing.\u003c/p>\n\u003cp>“This has been a comprehensive and complex challenge for everyone,” Montali said as he thanked everyone involved in the 17-month bankruptcy case.\u003c/p>\n\u003cp>Dozens of lawsuits were settled during the ordeal, with $13.5 billion earmarked for more than 80,000 people who lost family, homes, businesses and other property in the fires.\u003c/p>\n\u003cp>“This is a great day,” said Robert Julian, a lawyer for the bankruptcy committee representing the interests of wildfire survivors. “We are going to start getting money into the hands of the victims.” It still will likely take two to three months for the plan to become effective and PG&E has raised all the money it needs to start funding the victims’ trust and making other promised payments.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11710884","hero":"https://ww2.kqed.org/app/uploads/sites/10/2018/12/GettyImages-1070764466-e1544221282927-1038x576.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>PG&E declined to comment, but it plans to issue a statement after Montali signs the final order. The confirmation comes ahead of a June 30 deadline that the company had to meet to qualify for coverage from a $21 billion wildfire insurance fund created by California last year.\u003c/p>\n\u003cp>The company still faces formidable challenges: Montali’s decision is allowing the company to emerge from its financial morass just as California heads into a summer expected to bring especially high wildfire risks.\u003c/p>\n\u003cp>The company plans to find a new CEO to replace Bill Johnson, who will step down June 30 after just 14 months on the job. It has overhauled its board of directors, including 11 members who were just recently appointed. PG&E also has committed to slicing up its sprawling territory into regional units to be more responsive to the different needs of the 16 million people who rely on it for power.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"pge","label":"related coverage "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Financing the plan requires PG&E to nearly double its debt, saddling the company with a burden its critics fear will make it more difficult to raise the estimated $40 billion for improvements that the utility still needs to make to its electrical grid.\u003c/p>\n\u003cp>It’s still uncertain whether PG&E is ready to meet the challenges ahead, although the company insists it’s on a new path that will result in safer and more reliable service. PG&E is still behind in its efforts to trim trees and other vegetation that serve as tinder for its power lines during dry, windy conditions.\u003c/p>\n\u003cp>“This does not put us into a new chapter at PG&E,” said Will Abrams, a survivor of a 2017 wildfire who had been trying to convince the judge to reject the company’s bankruptcy plan. “This was an opportunity missed.”\u003c/p>\n\u003cp>But Montali decided PG&E’s plan met the bankruptcy code’s standard of being “feasible” and asserted he saw no other viable alternative to pay wildfire victims who have been suffering for years.\u003c/p>\n\u003cp>“Mr. Abrams’ desire for a better PG&E, for a better environment and a better Northern California, safe from wildfires, while aspirational and well-intended, is not something the bankruptcy code or this court can deliver,” Montali wrote in a memo outlining his decision.\u003c/p>\n\u003cp>PG&E’s shortcomings have infuriated a federal judge in a separate court case. U.S. District Judge William Alsup oversees the company’s probation following a felony criminal conviction over a natural gas explosion in 2010 that killed eight people in the San Francisco Bay Area. He wants to impose more safety requirements on PG&E to reduce wildfire risks posed by its electrical grid, but the company has resisted his efforts so far, saying it is meeting the standards of California regulators.\u003c/p>\n\u003cp>PG&E also expects to have to turn off power in parts of its service territory later this year to reduce wildfire risks during hot, windy weather.\u003c/p>\n\u003cp>Planned blackouts last year affected more than 2 million people at certain times, and the utility bungled them so badly that it had to publicly apologize and give $86 million in customer refunds.\u003c/p>\n\u003cp>State regulators are still investigating PG&E’s mishandling of those deliberate blackouts, which left many wondering how an area that’s home to some of the world’s most influential technology companies can’t find a way to keep the power on for days at a time. PG&E has pledged to better communicate about future outages and take steps to reduce how often they’re used.\u003c/p>\n\u003cp>This marks the second time in 16 years that PG&E has navigated a complex bankruptcy case that has raised questions about how it should operate in the future. The last time the company emerged from bankruptcy, in 2004, electricity rates soared and management focused even more on boosting profits instead of upgrading its power supply.\u003c/p>\n\u003cp>Earlier this week, PG&E took the extraordinary step of pleading guilty to 84 felony counts of involuntary manslaughter for a horrific November 2018 wildfire that wiped out the town of Paradise. The inferno, known as the Camp Fire, erupted along a power system with parts that were nearly a century old. Besides the deaths, PG&E also pleaded guilty to one felony count of unlawfully starting a fire.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>PG&E will pay a maximum fine of $4 million for those crimes, a penalty that incited more outrage and indignation among families of the dead who shared their heartbreaking stories before the company’s sentencing. The judge said that if the same crimes had been committed by an individual instead of a company, he would have been able to sentence the person to 90 years in prison.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11825532/judge-to-ok-58b-plan-to-end-pge-bankruptcy-after-wildfires","authors":["byline_news_11825532"],"categories":["news_8"],"tags":["news_2632","news_140","news_38","news_4337"],"featImg":"news_11825533","label":"source_news_11825532"},"news_11823040":{"type":"posts","id":"news_11823040","meta":{"index":"posts_1591205157","site":"news","id":"11823040","score":null,"sort":[1591365609000]},"guestAuthors":[],"slug":"pge-critics-urge-judge-to-reject-utilitys-bankruptcy-plan","title":"PG&E Critics Urge Judge to Reject Utility’s Bankruptcy Plan","publishDate":1591365609,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>PG&E’s proposal to pay $25.5 billion for a series of deadly Northern California wildfires ignited by its equipment faced a final barrage of resistance from critics Thursday, who told a federal judge that the plan will do more to enrich savvy investors than help fire victims rebuild their lives.\u003c/p>\n\u003cp>The impassioned arguments unfolded during the closing phase of a two-week trial that will determine whether the nation’s largest utility can end its nearly year-and-half bankruptcy by a June 30 deadline. PG&E needs to close the case by that date to qualify for insurance coverage for future wildfires from a $21 billion fund created by the Legislature last year.\u003c/p>\n\u003cp>PG&E has cleared all the other key hurdles, but now needs U.S Bankruptcy Judge Dennis Montali to approve its complex plan to settle more than $50 billion in claimed losses from deadly 2017 and 2018 wildfires at a deep discount.\u003c/p>\n\u003cp>PG&E critic’s maintain the bankruptcy process was rigged in favor of Wall Street hedge funds and other investors who are poised to make billions of dollars off the case. By comparison, wildfire victims may not get all of the $13.5 billion promised to them while also having to continue to worry about the risks posed by a utility known for managerial neglect and a fraying electrical grid.\u003c/p>\n\u003cp>Critics of the plan said PG&E has not proven it has changed its corporate culture emphasizing profits over the safety of the 16 million people who rely on it for power.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“This plan of reorganization is not feasible because it does not restructure anything that matters for the health of Pacific Gas and Electric,” wildfire survivor William Abrams told Montali.\u003c/p>\n\u003cp>Jeremiah Hallisey, an attorney representing a handful of wildfire victims, blasted the plan as a “house of cards” that is “manifestly unfair” to the more than 80,000 people who lost family members, homes and other property in the fires.\u003c/p>\n\u003cp>Some of their arguments echoed those made Wednesday by Tom Tosdal, another lawyer for a wildfire victims. “It is fundamentally unfair for there to be profit-taking by Wall Street on the back of fire victims,” he told Montali.\u003c/p>\n\u003cp>Although PG&E’s plan designates $13.5 billion for the wildfire victims, recurring concerns raised during the past few months note that $6.75 billion of it will be paid in PG&E stock that has wildly fluctuated in recent months along with the rest of the market amid the pandemic-driven recession.\u003c/p>\n\u003cp>PG&E also is imposing restrictions likely to prevent wildfire victims from selling their stock during this year’s wildfire season and possibly next year’s, too, while other investors will be free to sell their shares whenever they want. Those handcuffs have raised fears that survivors will be left with worthless PG&E stock if the utility causes more huge fires in the next two years.\u003c/p>\n\u003cp>The San Francisco company and the bankruptcy committee representing wildfire victims are currently negotiating the date when PG&E stock can be sold.\u003c/p>\n\u003cp>Although Montali hasn’t indicated how he may rule, all signs point to PG&E’s plan being approved. Both California power regulators and Gov. Gavin Newsom have already approved it, despite being urged not to do so.\u003c/p>\n\u003cp>In balloting completed last month, more than 80% of the roughly 50,000 wildfire victims voted to support the plan. Montali has repeatedly said he will give great weight to the victims’ opinion. [aside label='Related Coverage' tag='pge']\u003c/p>\n\u003cp>In arguments Wednesday, PG&E lawyer Stephen Karotkin told Montali that there should be no doubt left about the plan’s merits and warned its rejection would mean wildfire victims might not get any money for years.\u003c/p>\n\u003cp>“The deal is indeed a remarkable achievement,” Karotkin said.\u003c/p>\n\u003cp>To pay all the parties in the plan, PG&E will nearly double its debt load to $38 billion. That has raised fears it won’t be able to make an estimated $40 billion in upgrades to its outdated equipment to minimize the risks of igniting more deadly wildfires amid the increasingly hot and windy conditions during the fall in Northern California.\u003c/p>\n\u003cp>Abrams argued that the plan will leave PG&E customers exposed to the risk of even more catastrophic wildfires during the next few years, but Montali expressed doubt whether the utility’s safety issues could be fixed in bankruptcy.\u003c/p>\n\u003cp>“To me, confirming the plan or not confirming the plan doesn’t mean it’s going to start raining,” the judge said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The case is expected to be submitted to Montali on Friday. The judge is expected to rule sometime ahead of the June 30 deadline.\u003c/p>\n\n","blocks":[],"excerpt":"Impassioned arguments unfolded during the closing phase of a two-week trial that will determine whether the nation’s largest utility can end its nearly year-and-half bankruptcy by a June 30 deadline.","status":"publish","parent":0,"modified":1591389662,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":824},"headData":{"title":"PG&E Critics Urge Judge to Reject Utility’s Bankruptcy Plan | KQED","description":"Impassioned arguments unfolded during the closing phase of a two-week trial that will determine whether the nation’s largest utility can end its nearly year-and-half bankruptcy by a June 30 deadline.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"PG&E Critics Urge Judge to Reject Utility’s Bankruptcy Plan","datePublished":"2020-06-05T14:00:09.000Z","dateModified":"2020-06-05T20:41:02.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11823040 https://ww2.kqed.org/news/?p=11823040","disqusUrl":"https://ww2.kqed.org/news/2020/06/05/pge-critics-urge-judge-to-reject-utilitys-bankruptcy-plan/","disqusTitle":"PG&E Critics Urge Judge to Reject Utility’s Bankruptcy Plan","source":"News","nprByline":"Michael Liedtke \u003cbr> Associated Press","path":"/news/11823040/pge-critics-urge-judge-to-reject-utilitys-bankruptcy-plan","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>PG&E’s proposal to pay $25.5 billion for a series of deadly Northern California wildfires ignited by its equipment faced a final barrage of resistance from critics Thursday, who told a federal judge that the plan will do more to enrich savvy investors than help fire victims rebuild their lives.\u003c/p>\n\u003cp>The impassioned arguments unfolded during the closing phase of a two-week trial that will determine whether the nation’s largest utility can end its nearly year-and-half bankruptcy by a June 30 deadline. PG&E needs to close the case by that date to qualify for insurance coverage for future wildfires from a $21 billion fund created by the Legislature last year.\u003c/p>\n\u003cp>PG&E has cleared all the other key hurdles, but now needs U.S Bankruptcy Judge Dennis Montali to approve its complex plan to settle more than $50 billion in claimed losses from deadly 2017 and 2018 wildfires at a deep discount.\u003c/p>\n\u003cp>PG&E critic’s maintain the bankruptcy process was rigged in favor of Wall Street hedge funds and other investors who are poised to make billions of dollars off the case. By comparison, wildfire victims may not get all of the $13.5 billion promised to them while also having to continue to worry about the risks posed by a utility known for managerial neglect and a fraying electrical grid.\u003c/p>\n\u003cp>Critics of the plan said PG&E has not proven it has changed its corporate culture emphasizing profits over the safety of the 16 million people who rely on it for power.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“This plan of reorganization is not feasible because it does not restructure anything that matters for the health of Pacific Gas and Electric,” wildfire survivor William Abrams told Montali.\u003c/p>\n\u003cp>Jeremiah Hallisey, an attorney representing a handful of wildfire victims, blasted the plan as a “house of cards” that is “manifestly unfair” to the more than 80,000 people who lost family members, homes and other property in the fires.\u003c/p>\n\u003cp>Some of their arguments echoed those made Wednesday by Tom Tosdal, another lawyer for a wildfire victims. “It is fundamentally unfair for there to be profit-taking by Wall Street on the back of fire victims,” he told Montali.\u003c/p>\n\u003cp>Although PG&E’s plan designates $13.5 billion for the wildfire victims, recurring concerns raised during the past few months note that $6.75 billion of it will be paid in PG&E stock that has wildly fluctuated in recent months along with the rest of the market amid the pandemic-driven recession.\u003c/p>\n\u003cp>PG&E also is imposing restrictions likely to prevent wildfire victims from selling their stock during this year’s wildfire season and possibly next year’s, too, while other investors will be free to sell their shares whenever they want. Those handcuffs have raised fears that survivors will be left with worthless PG&E stock if the utility causes more huge fires in the next two years.\u003c/p>\n\u003cp>The San Francisco company and the bankruptcy committee representing wildfire victims are currently negotiating the date when PG&E stock can be sold.\u003c/p>\n\u003cp>Although Montali hasn’t indicated how he may rule, all signs point to PG&E’s plan being approved. Both California power regulators and Gov. Gavin Newsom have already approved it, despite being urged not to do so.\u003c/p>\n\u003cp>In balloting completed last month, more than 80% of the roughly 50,000 wildfire victims voted to support the plan. Montali has repeatedly said he will give great weight to the victims’ opinion. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"pge"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In arguments Wednesday, PG&E lawyer Stephen Karotkin told Montali that there should be no doubt left about the plan’s merits and warned its rejection would mean wildfire victims might not get any money for years.\u003c/p>\n\u003cp>“The deal is indeed a remarkable achievement,” Karotkin said.\u003c/p>\n\u003cp>To pay all the parties in the plan, PG&E will nearly double its debt load to $38 billion. That has raised fears it won’t be able to make an estimated $40 billion in upgrades to its outdated equipment to minimize the risks of igniting more deadly wildfires amid the increasingly hot and windy conditions during the fall in Northern California.\u003c/p>\n\u003cp>Abrams argued that the plan will leave PG&E customers exposed to the risk of even more catastrophic wildfires during the next few years, but Montali expressed doubt whether the utility’s safety issues could be fixed in bankruptcy.\u003c/p>\n\u003cp>“To me, confirming the plan or not confirming the plan doesn’t mean it’s going to start raining,” the judge said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The case is expected to be submitted to Montali on Friday. The judge is expected to rule sometime ahead of the June 30 deadline.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11823040/pge-critics-urge-judge-to-reject-utilitys-bankruptcy-plan","authors":["byline_news_11823040"],"categories":["news_8"],"tags":["news_2632","news_18538","news_787","news_140"],"featImg":"news_11823044","label":"source_news_11823040"},"news_11811586":{"type":"posts","id":"news_11811586","meta":{"index":"posts_1591205157","site":"news","id":"11811586","score":null,"sort":[1586821204000]},"guestAuthors":[],"slug":"judge-rebukes-pge-for-bid-to-pay-4m-criminal-fine-from-fire-victims-fund","title":"Judge Rebukes PG&E for Bid to Pay $4M Criminal Fine From Fire Victims' Fund","publishDate":1586821204,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A judge overseeing PG&E's bankruptcy is tentatively rejecting the utility's efforts to use a trust set up for Northern California fire victims to pay off its criminal fines.\u003c/p>\n\u003cp>The controversial approach is slated to be taken up at a bankruptcy hearing on Tuesday, but U.S. Bankruptcy Judge Dennis Montali indicated his thinking in an interim order issued Saturday.\u003c/p>\n\u003cp>\"Some things not only have to be right, but they have to look right,\" Montali wrote. \"Telling fire victims that their money will be used to pay criminal fines and penalties does not look right even if digging through the [settlement agreement or bankruptcy] plan would lead to that literal result.\"\u003c/p>\n\u003cp>\"This not only looks wrong, it \u003cem>is\u003c/em> wrong,\" Montali continued.\u003c/p>\n\u003cp>A PG&E spokesperson said the utility intends to provide the necessary context in a discussion with the judge at Tuesday's hearing.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Montali's comments indicate he's poised to side with the committee representing fire victims in the PG&E bankruptcy, which is seeking to stop the company from paying any criminal fines and penalties from the $13.5 billion compensation trust that the utility is set to fund upon leaving bankruptcy protection.\u003c/p>\n\u003cp>Tens of thousands of fire survivors are currently casting ballots on the settlement, with voting set to continue through May 15.\u003c/p>\n\u003cp>As KQED was first to report last month, the utility tried to use the trust \u003ca href=\"https://www.kqed.org/news/11808829/pge-seeks-to-pay-4-million-manslaughter-fine-from-victims-trust\">to administer a $4 million fine\u003c/a> stemming from its role in sparking the 2018 Camp Fire, which nearly leveled the town of Paradise. PG&E agreed to plead guilty in Butte County to 84 counts of involuntary manslaughter and one count of unlawfully causing a fire.\u003c/p>\n\u003cp>After fire survivors and Butte County District Attorney Mike Ramsey expressed outrage over PG&E's payment proposal, the company changed course. Along with attorneys representing a large group of survivors, PG&E crafted an alternative plan that would pay the funds using interest accrued on a $11 billion pot of cash set aside in a separate bankruptcy settlement with insurance claims holders. However, in what opposing lawyers called a \"strained artifice,\" the utility planned to send those funds to the victims' trust and pay it from there.\u003c/p>\n\u003cp>[aside postID=\"news_11808166,news_11705306,news_11741019\" label=\"PG&E and the Camp Fire\"]In a brief filed Thursday, attorney Robert Julian of BakerHostetler, the firm representing the victims' committee in the bankruptcy, wrote that PG&E was taking this action to create a precedent — so future criminal fines and penalties could be paid from the victims' trust.\u003c/p>\n\u003cp>\"PG&E paying a criminal penalty from money set aside for victims of PG&E's involuntary manslaughters could violate the law and certainly violates public policy,\" Julian wrote. \"The [wildfire survivors' committee] is not aware of any situation in which a convicted criminal has been allowed to force their victims to pay the criminal penalties imposed by the court for victimizing them.\"\u003c/p>\n\u003cp>In bankruptcy proceedings, the utility's lawyers have consistently maintained that even criminal fines constitute fire victims' claims, according to language in the settlement deal reached with victims' lawyers in December. PG&E has argued that not tapping the fund for these payments could put the utility's financing at risk as it exits Chapter 11 bankruptcy.\u003c/p>\n\u003cp>In a statement, a PG&E spokesperson said the Butte County resolution \"ensures that PG&E will remain in full compliance with the funding commitments it has obtained that are critical to its timely and successful emergence from Chapter 11, and, most importantly, to expedite the fair and timely payments to victims.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The debate over criminal fines is taking place while a much larger civil fine by the California Public Utilities Commission against PG&E looms. The $200 million fine related to the role PG&E equipment played in sparking fires in 2017 and 2018 could serve as another test of how far PG&E can reach into the victims' trust to pay penalties.\u003c/p>\n\n","blocks":[],"excerpt":"A committee representing fire victims in the PG&E bankruptcy is seeking to stop the company from paying criminal fines and penalties from a compensation trust the company is slated to fund upon exiting bankruptcy.","status":"publish","parent":0,"modified":1590107487,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":678},"headData":{"title":"Judge Rebukes PG&E for Bid to Pay $4M Criminal Fine From Fire Victims' Fund | KQED","description":"A committee representing fire victims in the PG&E bankruptcy is seeking to stop the company from paying criminal fines and penalties from a compensation trust the company is slated to fund upon exiting bankruptcy.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Judge Rebukes PG&E for Bid to Pay $4M Criminal Fine From Fire Victims' Fund","datePublished":"2020-04-13T23:40:04.000Z","dateModified":"2020-05-22T00:31:27.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11811586 https://ww2.kqed.org/news/?p=11811586","disqusUrl":"https://ww2.kqed.org/news/2020/04/13/judge-rebukes-pge-for-bid-to-pay-4m-criminal-fine-from-fire-victims-fund/","disqusTitle":"Judge Rebukes PG&E for Bid to Pay $4M Criminal Fine From Fire Victims' Fund","WpOldSlug":"judge-rejects-pge-bid-to-pay-4m-manslaughter-fine-from-fire-victims-fund","path":"/news/11811586/judge-rebukes-pge-for-bid-to-pay-4m-criminal-fine-from-fire-victims-fund","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A judge overseeing PG&E's bankruptcy is tentatively rejecting the utility's efforts to use a trust set up for Northern California fire victims to pay off its criminal fines.\u003c/p>\n\u003cp>The controversial approach is slated to be taken up at a bankruptcy hearing on Tuesday, but U.S. Bankruptcy Judge Dennis Montali indicated his thinking in an interim order issued Saturday.\u003c/p>\n\u003cp>\"Some things not only have to be right, but they have to look right,\" Montali wrote. \"Telling fire victims that their money will be used to pay criminal fines and penalties does not look right even if digging through the [settlement agreement or bankruptcy] plan would lead to that literal result.\"\u003c/p>\n\u003cp>\"This not only looks wrong, it \u003cem>is\u003c/em> wrong,\" Montali continued.\u003c/p>\n\u003cp>A PG&E spokesperson said the utility intends to provide the necessary context in a discussion with the judge at Tuesday's hearing.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Montali's comments indicate he's poised to side with the committee representing fire victims in the PG&E bankruptcy, which is seeking to stop the company from paying any criminal fines and penalties from the $13.5 billion compensation trust that the utility is set to fund upon leaving bankruptcy protection.\u003c/p>\n\u003cp>Tens of thousands of fire survivors are currently casting ballots on the settlement, with voting set to continue through May 15.\u003c/p>\n\u003cp>As KQED was first to report last month, the utility tried to use the trust \u003ca href=\"https://www.kqed.org/news/11808829/pge-seeks-to-pay-4-million-manslaughter-fine-from-victims-trust\">to administer a $4 million fine\u003c/a> stemming from its role in sparking the 2018 Camp Fire, which nearly leveled the town of Paradise. PG&E agreed to plead guilty in Butte County to 84 counts of involuntary manslaughter and one count of unlawfully causing a fire.\u003c/p>\n\u003cp>After fire survivors and Butte County District Attorney Mike Ramsey expressed outrage over PG&E's payment proposal, the company changed course. Along with attorneys representing a large group of survivors, PG&E crafted an alternative plan that would pay the funds using interest accrued on a $11 billion pot of cash set aside in a separate bankruptcy settlement with insurance claims holders. However, in what opposing lawyers called a \"strained artifice,\" the utility planned to send those funds to the victims' trust and pay it from there.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11808166,news_11705306,news_11741019","label":"PG&E and the Camp Fire "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In a brief filed Thursday, attorney Robert Julian of BakerHostetler, the firm representing the victims' committee in the bankruptcy, wrote that PG&E was taking this action to create a precedent — so future criminal fines and penalties could be paid from the victims' trust.\u003c/p>\n\u003cp>\"PG&E paying a criminal penalty from money set aside for victims of PG&E's involuntary manslaughters could violate the law and certainly violates public policy,\" Julian wrote. \"The [wildfire survivors' committee] is not aware of any situation in which a convicted criminal has been allowed to force their victims to pay the criminal penalties imposed by the court for victimizing them.\"\u003c/p>\n\u003cp>In bankruptcy proceedings, the utility's lawyers have consistently maintained that even criminal fines constitute fire victims' claims, according to language in the settlement deal reached with victims' lawyers in December. PG&E has argued that not tapping the fund for these payments could put the utility's financing at risk as it exits Chapter 11 bankruptcy.\u003c/p>\n\u003cp>In a statement, a PG&E spokesperson said the Butte County resolution \"ensures that PG&E will remain in full compliance with the funding commitments it has obtained that are critical to its timely and successful emergence from Chapter 11, and, most importantly, to expedite the fair and timely payments to victims.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>The debate over criminal fines is taking place while a much larger civil fine by the California Public Utilities Commission against PG&E looms. The $200 million fine related to the role PG&E equipment played in sparking fires in 2017 and 2018 could serve as another test of how far PG&E can reach into the victims' trust to pay penalties.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11811586/judge-rebukes-pge-for-bid-to-pay-4m-criminal-fine-from-fire-victims-fund","authors":["11552"],"categories":["news_8"],"tags":["news_2632","news_787","news_140","news_24802"],"featImg":"news_11783565","label":"news"},"news_11810831":{"type":"posts","id":"news_11810831","meta":{"index":"posts_1591205157","site":"news","id":"11810831","score":null,"sort":[1586221717000]},"guestAuthors":[],"slug":"wildfire-survivors-committee-urges-halt-to-voting-on-pge-settlement","title":"Wildfire Survivors' Committee Urges Halt to Voting on PG&E Settlement","publishDate":1586221717,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The committee representing Northern California wildfire survivors wants participants to postpone voting on a $13.5 billion compensation deal with PG&E until May 1 — a hurdle that could jeopardize the utility's ability to exit bankruptcy in the coming months.\u003c/p>\n\u003cp>In a brief filed Monday in a federal bankruptcy court in San Francisco, the group — known as the Tort Claimants Committee (TCC), which represents victims of recent wildfires caused by PG&E's equipment — accused the massive utility of changing the terms of the plan that the two parties had brokered in December.\u003c/p>\n\u003cp>Half of the settlement is set to be paid into a victims' compensation trust as PG&E stock. The utility's shares — volatile even before the coronavirus pandemic rocked U.S. markets — have now lost roughly half their value since mid-February.\u003c/p>\n\u003cp>The committee said PG&E has refused to guarantee that the $6.75 billion in stock issued to the trust will actually retain its value, even as the company has recently raised its debt load by $3.7 billion more than what the settlement called for — a factor that could decrease stock value.\u003c/p>\n\u003cp>\"The coronavirus worldwide tragedy is devaluing the [claimants'] share of PG&E’s equity at an amount lower than the $6.75 billion value,\" Elizabeth Green, an attorney with the firm BakerHostetler, wrote on behalf of the committee.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The impasse between PG&E and the survivors' committee comes just days after fire victims began voting on the deal.\u003c/p>\n\u003cp>A speedy resolution of the agreement with wildfire survivors is a prerequisite of PG&E's exit from Chapter 11 bankruptcy protection, a benchmark it must meet by June 30 in order to tap a state wildfire insurance fund.\u003c/p>\n\u003cp>Three fire survivors who sat on the TCC resigned over the last two weeks, saying they had been prevented from\u003ca href=\"https://www.kqed.org/news/11808826/fire-survivor-resigns-in-protest-from-pge-bankruptcy-committee\"> freely voicing their opposition to the settlement\u003c/a>. And now, the remaining committee members are seeking the court's approval to send survivors a letter explaining their own concerns.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"bankruptcy\"]The information provided in the proposed letter may have a material impact on how and when fire victim claimants vote,\" Green wrote. \"The proposed letter is necessary to provide the fire victim claimants with adequate information regarding the plan.\"\u003c/p>\n\u003cp>\"I think it's a sign that PG&E has finally pushed people too far,\" said Helen Sedwick, who lost her home in the 2017 Nuns Fire. \"The impact of this settlement affects tens of thousands of Californians.\"\u003c/p>\n\u003cp>But tort attorneys representing tens of thousands of wildfire survivors say the committee members should have raised their concerns sooner — well before voting began on April 1 — and are not representing the interests of a majority of fire victims.\u003c/p>\n\u003cp>\"We appreciate the efforts of the [committee] to firm up the deal and get fire victims every penny for which we bargained,\" said attorney Amanda Riddle, who represents 6,500 wildfire survivors. She recommended, however, that \"our clients continue to vote in favor of the plan, as it is the best plan to get them paid quickly and fairly.\"\u003c/p>\n\u003cp>PG&E also pushed back on the committee's critique.\u003c/p>\n\u003cp>In a written statement, the company said the committee's filing is \"an attempt to change the settlement it agreed to, despite the fact that the agreement has the broad support of the parties and the Governor's Office and is the best and fastest path to getting victims paid.\"\u003c/p>\n\u003cp>The company added, \"The risk of the stock price fluctuating was well understood by all parties and was clearly and overly included in the [committee's] own statements to fire victims.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Gov. Gavin Newsom's office didn't immediately respond to a request for comment on the issues raised by the committee.\u003c/p>\n\n","blocks":[],"excerpt":"The committee representing tens of thousands of wildfire victims accused the massive utility of changing the terms of the $13.5 billion deal. ","status":"publish","parent":0,"modified":1586223923,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":647},"headData":{"title":"Wildfire Survivors' Committee Urges Halt to Voting on PG&E Settlement | KQED","description":"The committee representing tens of thousands of wildfire victims accused the massive utility of changing the terms of the $13.5 billion deal. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Wildfire Survivors' Committee Urges Halt to Voting on PG&E Settlement","datePublished":"2020-04-07T01:08:37.000Z","dateModified":"2020-04-07T01:45:23.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11810831 https://ww2.kqed.org/news/?p=11810831","disqusUrl":"https://ww2.kqed.org/news/2020/04/06/wildfire-survivors-committee-urges-halt-to-voting-on-pge-settlement/","disqusTitle":"Wildfire Survivors' Committee Urges Halt to Voting on PG&E Settlement","path":"/news/11810831/wildfire-survivors-committee-urges-halt-to-voting-on-pge-settlement","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The committee representing Northern California wildfire survivors wants participants to postpone voting on a $13.5 billion compensation deal with PG&E until May 1 — a hurdle that could jeopardize the utility's ability to exit bankruptcy in the coming months.\u003c/p>\n\u003cp>In a brief filed Monday in a federal bankruptcy court in San Francisco, the group — known as the Tort Claimants Committee (TCC), which represents victims of recent wildfires caused by PG&E's equipment — accused the massive utility of changing the terms of the plan that the two parties had brokered in December.\u003c/p>\n\u003cp>Half of the settlement is set to be paid into a victims' compensation trust as PG&E stock. The utility's shares — volatile even before the coronavirus pandemic rocked U.S. markets — have now lost roughly half their value since mid-February.\u003c/p>\n\u003cp>The committee said PG&E has refused to guarantee that the $6.75 billion in stock issued to the trust will actually retain its value, even as the company has recently raised its debt load by $3.7 billion more than what the settlement called for — a factor that could decrease stock value.\u003c/p>\n\u003cp>\"The coronavirus worldwide tragedy is devaluing the [claimants'] share of PG&E’s equity at an amount lower than the $6.75 billion value,\" Elizabeth Green, an attorney with the firm BakerHostetler, wrote on behalf of the committee.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The impasse between PG&E and the survivors' committee comes just days after fire victims began voting on the deal.\u003c/p>\n\u003cp>A speedy resolution of the agreement with wildfire survivors is a prerequisite of PG&E's exit from Chapter 11 bankruptcy protection, a benchmark it must meet by June 30 in order to tap a state wildfire insurance fund.\u003c/p>\n\u003cp>Three fire survivors who sat on the TCC resigned over the last two weeks, saying they had been prevented from\u003ca href=\"https://www.kqed.org/news/11808826/fire-survivor-resigns-in-protest-from-pge-bankruptcy-committee\"> freely voicing their opposition to the settlement\u003c/a>. And now, the remaining committee members are seeking the court's approval to send survivors a letter explaining their own concerns.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"bankruptcy"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The information provided in the proposed letter may have a material impact on how and when fire victim claimants vote,\" Green wrote. \"The proposed letter is necessary to provide the fire victim claimants with adequate information regarding the plan.\"\u003c/p>\n\u003cp>\"I think it's a sign that PG&E has finally pushed people too far,\" said Helen Sedwick, who lost her home in the 2017 Nuns Fire. \"The impact of this settlement affects tens of thousands of Californians.\"\u003c/p>\n\u003cp>But tort attorneys representing tens of thousands of wildfire survivors say the committee members should have raised their concerns sooner — well before voting began on April 1 — and are not representing the interests of a majority of fire victims.\u003c/p>\n\u003cp>\"We appreciate the efforts of the [committee] to firm up the deal and get fire victims every penny for which we bargained,\" said attorney Amanda Riddle, who represents 6,500 wildfire survivors. She recommended, however, that \"our clients continue to vote in favor of the plan, as it is the best plan to get them paid quickly and fairly.\"\u003c/p>\n\u003cp>PG&E also pushed back on the committee's critique.\u003c/p>\n\u003cp>In a written statement, the company said the committee's filing is \"an attempt to change the settlement it agreed to, despite the fact that the agreement has the broad support of the parties and the Governor's Office and is the best and fastest path to getting victims paid.\"\u003c/p>\n\u003cp>The company added, \"The risk of the stock price fluctuating was well understood by all parties and was clearly and overly included in the [committee's] own statements to fire victims.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Gov. Gavin Newsom's office didn't immediately respond to a request for comment on the issues raised by the committee.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11810831/wildfire-survivors-committee-urges-halt-to-voting-on-pge-settlement","authors":["11552"],"categories":["news_1758","news_8"],"tags":["news_2632","news_24802","news_27132","news_26848"],"featImg":"news_11810968","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? 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