August 20, 2009

State temporarily blocks SDG&E power shut-off plan

By Michael Gardner
U-T Sacramento Bureau

SAN FRANCISCO - The California PublicUtilities Commission Thursday temporarily blocked controversial plansby San Diego Gas & Electric Co. to cut power to 55,000 ruralcustomers when fire danger is imminent.

The 3-2 decision sets the stage for a showdown before thecommission Sept. 10, when a much more crucial - and possibly permanentruling - is expected.

At that hearing, commissioners will take up competingrecommendations to either prohibit SDG&E from moving forward orallow a test of the program until the end of the year.

SDG&E wanted to launch the shutoff plan by Sept. 1.

A coalition of water agencies, school districts and others hadfiled a request for a temporary restraining order to prevent theutility enacting the program until the commission issues a finaldecision. The panel granted the temporary restraining order Thursday.

The utility company came up with the plan after being sued byinsurers, homeowners and government agencies in the aftermath of threelarge power-line fires in 2007. The company has paid out $740 millionin settlements so far. Much of the debate before the commissionThursday centered on whether the plan would cause irreparable harm, oneof the tests that must be met before the commission can step in andstop the process, even for a short period.

"Irreparable harm cannot be speculative," said Michael Niggli,SDG&E's chief operating officer of SDG&E. "It must be real."

That view was strongly criticized by Jennifer Haley, an attorney representing opponents of the plan.

"The showing of irreparable harm doesn't require us to produce abody," she said, adding the commission must act now "to prevent theirreparable harm that will happen."

Critics said shutting off power would threaten the safety ofhundreds of disabled residents, make it difficult to evacuate schoolsand potentially create dangerous chaos at traffic signals.

Harvey Morris, the commission's ratepayer advocate, said "whathappens if they die before moving? Who's going to be responsible?"

Niggli argued that commission intervention could actual increasethe risk of firestorms. "It would tie the hands of the company tooperate safely," Niggli said. "The commission should not take theshutoff decision out of our hands."

He told commissioners that some public schools and water districtsso far have turned away offers to help deal with the shutoffs, such asdonated generators.

The company has also attempted through certified mail, phone callsand knocking on doors, to reach hundreds of disabled residents withoutsuccess.

Commissioners spent an hour listening to dueling arguments.

The utility insists that turning off power during certain "redflag" warnings will greatly lower the risk of catastrophic blazes in aregion that has endured horrific firestorms over the past six years.

Specific conditions that must be present, according to SDG&E,include: 35 mph sustained winds, 55 mph wind gusts with sustained windsof 30 mph, relative humidty must be 20 percent or less, and moisturelevels have to be exceptionally low in both living and non-livingmaterials.

Critics counter that leaving a region without power during firescould be even more dangerous. Issuing the loudest warning are wateragencies that contend firefighters and residents could quickly run outof water if pumps are shut down.

If implemented, the plan could potentially blackout homes andbusinesses, affecting about 130,000 residents in parts of Alpine,Lakeside, Poway, Escondido, Valley Center and Fallbrook.

Customers would be provided a six-hour notice under the SDG&Eplan. Power could be turned off only when the fire risk is at itshighest level. But Haley, the attorney for opponents, questioned someof the criteria, particularly a 35 mph threshold for sustained winds.

That speed "barely rises to the level of a tropical storm," she said.

She called the plan, "unproven, untested and unprecedented."

On Sept. 10, the commissioners are expected to take more definitiveaction. Before them is a recommendation from administrative law JudgeTimothy Kenney to reject the proposal. However, Commissioner TimothySimon, who was assigned to review the plan, has called for a pilotprogram.

Simon suggested that the utility be permitted to conduct a testthrough the end of the year, but with tight restrictions. Among those:require a 12-hour notice and give Cal Fire - the state's fire agency -or the county Office of Emergency Services veto power.

Simon's list of conditions also includes requiring power to berestored within 24 hours, unless fire officials agree to an extension.He also proposed to write into any commission rule provisions SDG&Eplans to do voluntarily, such as providing $250 debit cards to thepoor, opening evacuation centers and providing generators to schoolsand water districts.

The commissioners are not bound by either recommendation and could craft their own next month.

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Michael Gardner: (916) 445-2934;