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BAKER 

&

HOSTETLER LLP

ATTORNEYS AT LAW SAN FRANCISCO 

EXHIBIT C

Case: 19-30088 Doc# 2021-5 Filed: 05/15/19 Entered: 05/15/19 15:59:18 Page 1

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United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

 v.

PACIFIC GAS AND ELECTRIC

COMPANY,

Defendant. /

No. CR 14-0175 WHA

ORDER ADOPTING NEW

CONDITIONS OF PROBATION

This order follows the April 2 hearing on the March 5 order to show cause. In addition

to the conditions of probation already in effect, the Court imposes the following new conditions

of probation in order to protect the public from further death and destruction resulting from

PG&E-caused wildfires, to deter similar wrongs by other utilities, and to promote the

rehabilitation of PG&E among other goals of 18 U.S.C. §§ 3553(a)(1) and (a)(2):

1. PG&E must fully comply with all applicable laws concerning

vegetation management and clearance requirements, including Sections 4292 and

4293 of the California Public Resources Code, CPUC General Order 95, and

FERC FAC-003-4. In this connection, the Court accepts CAL FIRE’s

interpretation of Section 4293 as set forth in its February 6 submission (Dkt. No.

1012). 

2. PG&E must fully comply with the specific targets and metrics set

forth in its wildfire mitigation plan, including with respect to enhanced vegetation

management. Compliance with these targets and metrics, however, will not

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United States District Court

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2

excuse any failure to fully comply with the vegetation laws as required in

paragraph 1. For purposes of this condition, the operative wildfire mitigation plan

will be the plan ultimately approved by the CPUC. 

3. The Monitor shall assess PG&E’s wildfire mitigation and wildfire

safety work, including through regular, unannounced inspections of PG&E’s

vegetation management efforts and equipment inspection, enhancement, and

repair efforts. The inspections will include both inspections of segments of power

lines where PG&E has conducted its enhanced vegetation management efforts

pursuant to its wildfire mitigation plan, as well as areas where enhanced

vegetation management has yet to occur. The inspections will further include

field interviews and questioning of PG&E employees and contractors.

4. PG&E shall maintain traceable, verifiable, accurate, and complete

records of its vegetation management efforts. PG&E shall report to the Monitor

on the first business day of every month on its vegetation management status and

progress, and make available for inspection all related records at the Monitor’s

request.

5. PG&E shall ensure that sufficient resources, financial and

personnel, including contractors and employees, are allocated to achieve the

foregoing. If PG&E cannot find enough contractors, then PG&E must hire and

train its own crews to trim and remove trees. To ensure that sufficient financial

resources are available for this purpose, PG&E may not issue any dividends until

it is in compliance with all applicable vegetation management requirements as set

forth above. 

IT IS SO ORDERED.

Dated: April 3, 2019. WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

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