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The Bankruptcy StrategistFeaturesBankruptcyLitigation

The How, What and Why of a Potential PG&E Bankruptcy

By John J. Rapisardi and Daniel Shamah

PG&E Corporation (Holdco) and its subsidiary, Pacific Gas & Electric Company (the Utility and together with Holdco, PG&E) announced on Jan. 13, 2019 that it expects to file for Chapter 11 bankruptcy protection on or around Jan. 29, 2019, right around the conclusion of a mandatory 15-day notice requirement under California law. See, Form 8-K of PG&E Corp. and Pacific Gas & Electric Co. (Jan. 13, 2019). Such a filing would represent the second time PG&E resorted to protection under the U.S. Bankruptcy Code.

PG&E filed for bankruptcy on April 6, 2001 and emerged three years later, on April 12, 2004. See, Case No. 01-30923-DM (Bankr. N.D. Cal.). The challenges PG&E has faced since wildfires began consuming large swaths of California are well known and has fueled speculation about a bankruptcy filing. But less well understood and appreciated are the legal and regulatory issues confronting PG&E and other similarly situated California utilities. As we'll see, those legal and regulatory issues present critical complications in a potential second PG&E bankruptcy.

Background on PG&E

PG&E, incorporated in California in 1905, is one of the largest combined natural gas and electrical energy companies in the United States. Based in San Francisco, it employs nearly 20,000 people. Its primary business is the transmission and delivery of energy — both natural gas and electricity — to nearly 16 million customers in Northern and Central California. The rates PG&E charges its customers are predominantly set by its principal regulator, the California Public Utility Commission (CPUC).

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