PG&E : March 22, 2019 – CAL FIRE Submission In Response To Court’s March 6, 2019, Request Re Second Order To Show Cause Why PG&E’s Conditions Of Probation Should Not Be Modified

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XAVIERBECERRA

Attorney General of California

TRACYL. WINSOR

Supervising Deputy Attorney General

JEFFREYP. REUSCH, State Bar No. 210080 KELLYWELCHANS, State Bar No. 253191 Deputy Attorneys General

1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone]

E-mail:[e-mail] for Non-Party CAL FIRE

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

3:14-cr-00175-WHA

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION'S SUBMISSION IN RESPONSE TO COURT'S MARCH 6, 2019, REQUEST [Dkt. No. 1028] RE SECOND ORDER TO SHOW CAUSE WHY PG&E'S CONDITIONS OF PROBATION SHOULD NOT BE MODIFIED [Dkt. No. 1027]

CAL FIRE's Submission in Response to Court's March 6, 2019 Request

(No. 3:14-cr-00175-WHA)

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On March 5, 2019, the Court issued its Second Order to Show Cause Why PG&E's Conditions of Probation Should Not Be Modified (Second OSC, Dkt. No. 1027), and on March 6, 2019, the Court invited the California Department of Forestry and Fire Protection (CAL FIRE) and the California Public Utilities Commission (CPUC) to "comment on the conditions of probation proposed" in the Second OSC. (March 6, 2019, Notice to CPUC and CAL FIRE Re Second Order to Show Cause, Dkt. No. 1028.)

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CAL FIRE provides this submission in an effort to assist the Court. In making this submission invited by the Court, as a non-party to this proceeding, CAL FIRE intends to preserve and does not waive its, or any other State agency's, Eleventh Amendment immunity. Because the California Constitution creates a structure of divided executive power, each agency of the State acts on behalf of the State within its own statutory and regulatory authority.See Marine Forests Soc'y v. Cal. Coastal Comm'n, 36 Cal. 4th 1, 31 (2005);People ex rel. Lockyer v. Superior Court, 122 Cal. App. 4th 1060, 1078-80 (2004). CAL FIRE's submission is, thus, made solely on its own behalf, and this submission reflects the views of CAL FIRE alone and not any other state agency.

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CAL FIRE thanks the Court for the opportunity to comment on the proposed conditions of probation. At this time, CAL FIRE has no comments in addition to those set forth in its January 25 and February 6 submissions to the Court.

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Dated: March 22, 2019

Respectfully Submitted,

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XAVIERBECERRA

Attorney General of California

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TRACYL. WINSOR

Supervising Deputy Attorney General

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KELLYA. WELCHANS

Deputy Attorney General

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Attorneys for Department of Forestry and Fire Protection

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SA2019300114

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CAL FIRE's Submission in Response to Court's March 6, 2019 Request

(No. 3:14-cr-00175-WHA)