Monday, May 13, 2024

$30 Billion Wildfire Lawsuit Against PacifiCorp Could Prove Costly to Everyone (Northwest Public Power Association)

 Kurt Miller, Executive Director, Northwest Public Power Association

(Vancouver, WA) -- On April 29, one thousand wildfire victims filed new claims against PacifiCorp in an Oregon state court totaling $30 billion related to damages and emotional distress caused by 2020 wildfires that involved the utility’s equipment. According to Reuters, these lawsuits alone represent four times the maximum financial exposure PacifiCorp’s owner, Berkshire Hathaway, had anticipated.

While the sum may be greater than expected, Berkshire Hathaway’s famous leader, Warren Buffet now seems more prescient than ever in his February letter to investors. In his letter, Buffet cast doubt on the future of investor-owned utilities (IOUs) due to untold financial risks related to wildfires in the West. Simply put, Buffet wondered aloud whether investors will be willing to “send good money after bad,” and he emphatically stated that he is not. Buffet concluded that consumer-owned utilities might the only ones left standing as investors back away.

As someone who has worked for an IOU and for consumer-owned utilities (i.e., “public power”) I’m a huge advocate for the public power model. It removes the confusion of who the utility is beholden too—investors or the communities they serve. With public power utilities, the investors are the communities served.

That said, the financial risk associated with wildfires is bad for everyone. Over half of the 153 utilities my organization represents have 10,000 or fewer customers. They can’t afford even a small fraction of the potential liability PacifiCorp is facing.

Of course, you may say that utilities should take steps to avoid causing fires. We can all agree to that, and most, if not all, utilities are already taking steps. But some measures could be prohibitively costly. For instance, under-grounding power lines can be five to 10 times as high as providing traditional service connections, and that cost would be borne by customers. Meanwhile, many people have a hard time making ends meet as it is.

Even then, it is almost impossible to deliver electricity without some risk. Extreme weather, changing environmental conditions, and inadequate management of federal lands are often the true determinants of wildfire harm. A transmission line may provide the spark, but the fuel is what determines the extent of the damage.

None of this is to say that the hardships wildfire victims experience aren’t horrible or that if a utility is negligent that it should be immune to consequences. These losses are real and can be devastating. My father’s childhood home in Salem burned to the ground, and he often recounted how traumatizing it was to him and his family.

However, if Buffet’s prediction comes true and consumer-owned utilities are the only ones left standing, we’ll get to the point where we’re really just suing each other’s communities when a wildfire is sparked. Our only real crime will be that we needed electricity to power our homes in an era when climate change has made the entire Western US a tinderbox.

If we want to avoid such a future, we need to enact meaningful reforms to our fire management systems, including:

  • Allowing utilities to perform corridor maintenance on federal lands
  • Streamlining environmental reviews for wildfire prevention activities
  • Reforming liability provisions
  • Providing funding for efforts to identify and address major wildfire threats
  • Requiring federal landowners to actively manage and mitigate forests identified as high-risk
  • Partnering with states and tribes to work collaboratively on reducing fire risks

The benefit of many of these measures is that they will help reduce wildfire-related damages even when utility equipment isn’t involved. (Utility-involved wildfires represent less than 10% of all wildfire incidences.)

Addressing these challenges demands a concerted effort from local, state, and federal governments. Prioritizing these issues is imperative to safeguard communities and ensure the provision of essential services in the face of mounting environmental risks.

Public power is up to the task of meeting the urgent demands of our time. For over a century, community-owned utilities have done what others couldn’t or wouldn’t do, often with lower costs than their IOU counterparts. We stand ready to collaborate with community leaders, tribes, businesses, and policymakers to make meaningful change.

We’ve already lost too much due to uncontrolled wildfires. Let’s learn the lessons those fires taught us and apply them now, before it is too late.