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Pacific Gas and Electric Company
(PG&E) today reported additional communications that it believes violated
California Public Utilities Commission (CPUC) rules governing ex parte
communications with the state regulator. Ex parte communications are those
that take place with decision-makers without the knowledge of all parties to a
proceeding.
The communications were identified in conjunction with PG&E's voluntary
internal review of more than 65,000 emails exchanged with the CPUC over a
nearly five-year period, which has been concluded. In addition, PG&E has been
notified by the U.S. Attorney's Office in San Francisco that it has begun an
investigation in connection with these ex parte communications, with which the
company will cooperate.
"We've made it clear that we are committed to complying with both the letter
and the spirit of the law and PG&E's own Code of Conduct at all times. No
excuses. Our customers and the communities we serve expect no less. We took
immediate and definitive action, self-reported these violations, held
individuals accountable and are making significant changes designed to prevent
this from happening again," said PG&E Chairman and Chief Executive Officer
Tony Earley.
The communications being reported today are in addition to email
communications that the company self-reported on September 15 involving the
pending Gas Transmission & Storage rate case. Of the ex parte communications
being reported today, one involved a series of emails between a PG&E officer
and a CPUC commissioner. The other communication involved an email from a PG&E
officer to his supervisor summarizing an oral communication with a CPUC
commissioner. The two PG&E personnel involved in these communications are no
longer working at the company as a result of the emails that were
self-reported earlier.
In conjunction with self-reporting the first set of emails, PG&E announced:
o That three officers will no longer be employed by the company.
o The appointment of a new senior vice president of regulatory affairs.
o The creation of the new role of chief regulatory compliance officer, whose
mandate is to help oversee compliance with all requirements governing
PG&E's interactions with the CPUC. The position reports to the CEO and to
the Audit Committee of the PG&E Board of Directors.
o The engagement of former Secretary of the U.S. Department of Interior Ken
Salazar, a partner in the WilmerHale law firm, as special counsel on
regulatory compliance matters to assist in developing a best-in-class
regulatory compliance model. Salazar has deep experience in regulatory and
energy matters.
o A commitment to creating updated and enhanced training for all employees
who routinely interact with PG&E's regulators.
In a filing with the Commission last week, PG&E admitted the violations in the
pending Order to Show Cause and said it expects a penalty. PG&E is scheduled
to appear before the Commission regarding the penalty tomorrow.
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