California energy company agrees to $50M settlement in 2020 wildfire; no criminal charges
A California district attorney's office announced Wednesday a $50 million civil settlement with Pacific Gas and Electric Company connected to the 2020 Zogg fire that killed four people and burned 56,000 acres in western Shasta County, California.
Shasta County District Attorney Stephanie Bridgett said the deal with PG&E was made after a Shasta County judge nullified an earlier judge's ruling that allowed her office to go forward with criminal charges against the utility company on four counts of involuntary manslaughter and other crimes for allegedly sparking the blaze on Sept. 27, 2020, in southeast Shasta County.
A California Department of Forestry and Fire Protection investigation determined the wind-driven fire, which also burned 204 buildings, was started by a pine tree that fell on PG&E's electrical lines.
Killed in the fire were Felya Mcleod, 8; Alaina Mcleod, 45; Kenneth Vossen, 52; and Karin King, 79. Family members of some of the victims attended a news conference at the district attorney's office Wednesday, but Bridgett said they did not want to comment.
Criminal case dismissed after judge's ruling
After a preliminary hearing in February on the criminal charges, Superior Court Judge Bradley Boeckman ruled the case could go forward to trial. Superior Court Judge Daniel Flynn reviewed the case and determined it could not, Bridgett said.
Bridgett said she disagreed with the judge's ruling and felt her office would have won the case in a criminal jury trial. But after Flynn's ruling, the criminal case could not continue. Her office sued PG&E in civil court and obtained a settlement.
The settlement includes dismissing the criminal case, Bridgett said.
"I think I made it clear that prosecuting them, accomplishing our goals through criminal prosecution, was goal No. 1, and still is still goal No. 1, and would have been what we wanted to do," Bridgett said.
She added: "However, I'm not going to take any risks or gamble with the safety of our community, and losing the case completely, and not getting the resources and stuff that we need to make our community safer and be ready for the next fire. I weighed the two and came up with this decision."
More: PG&E pleads not guilty to manslaughter, other charges at Redding arraignment in deadly Zogg Fire
PG&E denies allegations in civil complaint
A PG&E official was not immediately available to comment on the settlement. Except for acknowledging nine separate facts, PG&E said in the agreement that it "denies the allegations in the civil complaint" against it.
Those nine acknowledgements include:
Three separate entities detected smoke and heat in the area where the fire started.
The company has power lines on Zogg Mine Road.
Prior to the fire, an arborist hired by Cal Fire issued a report noting the gray pine that fell into PG&E power lines had no roots on its uphill side "to support against a downhill failure."
PG&E disputes a Cal Fire report that a cavity on the uphill side of the tree was visible prior to the fire.
The 105-foot-tall tree that fell into the line was leaning at a 23-degree angle and the tree was 67 feet from the power line it struck.
The trees along Zogg Mine Road were subject to inspections in 2018, 2019 and 2020.
The Zogg Fire killed four people as they were trying to evacuate from the area of the blaze.
There were 64 people injured, including an inmate firefighter who suffered spinal injuries.
The fire burned more than 56,000 acres, destroyed 204 structures, damaged an additional 27 buildings and "caused deaths and serious injuries to individuals before it was fully contained on Oct. 13, 2020.
The acknowledgements did not say PG&E's power lines caused the fire or that the utility was responsible for the damage, injuries and deaths resulting from the fire.
Settlement is one of many for PG&E
The settlement will be distributed to 24 different community groups, including $15.5 million to the Shasta County Fire Department, $3.5 million to the Redding and Anderson fire departments, $7 million to the Children's Legacy Center, $2.4 million to the Shasta College Fire Academy, $2.5 million to Haven Humane Society and $1 million for the Whiskeytown Environmental School.
The settlement includes assurances that the cost to PG&E will not be paid by increases in its customer's rates, Bridgett said.
"I want to make sure that the ratepayers of PG&E understand that this $50 million does not come out of their pocket," she said.
More: PG&E to plead guilty to 84 counts of involuntary manslaughter in Camp Fire
The settlement was one of many court cases in which PG&E has agreed to pay out millions of dollars in damages to individual victims and state and local governments for the fires allegedly sparked by its utility lines.
In 2019, PG&E agreed to pay $1 billion to 14 local governments in connection to a series of deadly wildfires caused by its downed power lines.
More: California regulators propose $155M fine for PG&E over deadly 2020 Zogg Fire
At the time, the settlement was a small slice of the more than $30 billion in potential damages Pacific Gas & Electric faced in lawsuits filed by local governments, insurance companies and private property owners.
A total of $270 million PG&E agreed to pay in 2019 was slated to go to the Butte County city of Paradise, which was mostly destroyed in the Camp Fire, which killed 85 people. The town had 26,000 residents before the fire and now has fewer than 3,000 people.
PG&E also agreed to pay $29 million in damages to Shasta, Tehama, Plumas, Butte and Lassen counties related to the 2021 Dixie Fire, which burned nearly a million acres in 2021. Cal Fire said that blaze was started by PG&E power lines.
Follow Damon Arthur on Twitter at @damonarthur_RS.
This article originally appeared on Redding Record Searchlight: PG&E agrees to $50M settlement after fatal Zogg wildfire in California
