PG&E : January 6, 2022 United States Status Report

Case 3:14-cr-00175-WHA Document 1555 Filed 01/06/22 Page 1 of 3

1. STEPHANIE M. HINDS (CABN 154284) United States Attorney
2. THOMAS A. COLTHURST (CABN 99493)
3. Chief, Criminal Division
4. JEFFREY B. SCHENK (CABN 234355) NOAH STERN (CABN 297476)
5. Assistant United States Attorneys
6. 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102-3495
7. Telephone: [phone]
   FAX: [phone]
8. [e-mail]
   [e-mail]
9. Attorneys for United States of America

10	UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
	SAN FRANCISCO DIVISION
13
14	UNITED STATES OF AMERICA,	)	No. CR-14-00175-WHA
15	Plaintiff,	)	UNITED STATES' STATUS REPORT
)
16	v.	)
)
17		)
PACIFIC GAS AND ELECTRIC COMPANY, )
18	Defendant.	)
)
19		)

1. The United States, through Assistant United States Attorneys Jeffrey Schenk and Noah Stern,
2. submits this status report regarding the pending Form 12 charging PG&E with violating the terms of its
3. probation. Dkt. No. 1513.
4. On January 26, 2017, after PG&E was convicted of six federal felony offenses, the Court
5. sentenced PG&E to the maximum fine and maximum five-year term of probation on each count, with
6. the terms of probation imposed to run concurrently. The terms of probation expire on January 26, 2022.
7. An extension of probation pursuant to 18 U.S.C. § 3564(d) is only permitted "if less than the maximum
8. authorized term was previously imposed." Alternatively, the Court may conduct a full resentencing

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Case 3:14-cr-00175-WHA Document 1555 Filed 01/06/22 Page 2 of 3

1. upon the revocation of probation but, pursuant to 18 U.S.C. § 3564(b), "[m]ultiple terms of probation,
2. whether imposed at the same time or at different times, run concurrently with each other." 18 U.S.C. §
3. 3564(b). Since terms cannot run consecutively, PG&E would presumably receive credit for the full
4. terms already served at this point, in the event of resentencing. Accordingly, based on the unique
5. history and circumstances of this case, the United States does not intend to seek an extension of PG&E's
6. probationary term or imposition of a new one, while acknowledging that there appears to be no binding
7. caselaw on point.
8. The United States does not believe that an evidentiary hearing on the pending Form 12 is
9. necessary. The allegations in the Form 12 are closely intertwined with two pending state criminal
10. prosecutions of PG&E, in Sonoma and Shasta counties. See California v. PG&E, No. SCR-745228-1
11. (Sonoma Cnty. Super. Ct.); California v. PG&E, No. 21-06622 (Shasta Cnty. Super. Ct.). The subject
12. of the Shasta County case is the 2020 Zogg Fire. This Court has already held extensive proceedings
13. relating to the cause of that fire and the actions PG&E could take to prevent a similar fire in the future.
14. See generally Dkt. Nos. 1246-1388. The subject of the Sonoma County case is the 2019 Kincade Fire.
15. Similarly, this Court has already developed the record relating to the inspections of the jumper cable that
16. appears to have caused that fire. See generally Dkt. Nos. 1111, 1119, 1136, 1146. In the prior
17. proceedings, the Court modified PG&E's probation conditions as it saw fit and consistent with its
18. authority under 18 U.S.C. § 3563(c). See, e.g., Dkt. Nos 1243, 1388.
19. Further evidentiary proceedings regarding PG&E's liability for starting the Zogg and Kincade
20. fires in this Court are unlikely to further the goals of sentencing set forth in 18 U.S.C. § 3553(a)(2). In
21. fact, given the provisions of 18 U.S.C. § 3564, penalties against PG&E for the conduct alleged in the
22. Form 12 appear to be unavailable in this federal forum at this time. Conversely, the District Attorney's
23. offices in Sonoma and Shasta counties are actively prosecuting felony criminal cases against PG&E for
24. the same underlying conduct. At this juncture, it appears that the state courts are the proper forum for
25. further development of the evidence. Furthermore, if PG&E is convicted, a broader array of sentencing
26. options will be available in that forum.

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Case 3:14-cr-00175-WHA Document 1555 Filed 01/06/22 Page 3 of 3

For the foregoing reasons, the United States recommends that the Court vacate the evidentiary hearing scheduled for January 10, 2022 and dispose of the Form 12 by taking judicial notice of the allegations set forth therein.

DATED:

January 6, 2022

Respectfully submitted,

STEPHANIE M. HINDS

United States Attorney

___/s/_____________________

JEFFREY B. SCHENK NOAH STERN

Assistant United States Attorneys

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