EXHIBIT H

Case: 19-30088 Doc# 3436-9 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 1

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CRAVATH , SWAINE & MOORE LLP 

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RICHARD J , STARK korsini@cravath.com 

PG&E Chapter 11 Proceedings, No. 19-30088 N.D. Cal. 

Dear Counsel, 

MICH.A.El. L. SCHLER 

CHRISTOPHER J. KC.LLY 

August 1, 2019 

I write on behalf of Pacific Gas and Ele,ctric Company and PG&E 

Corporation (collectively, "PG&E" or the "Debtors"). We are in receipt of the Official 

Committee of Tort Claimants' (the "TCC") letter dated July 30, 2019 ("July 30 letter") 

and the letter the TCC filed with the court on July 26, 2019 ("July 26 letter"). I address 

the issues the TCC raises in both letters below. 

First, in the July 30 letter you ask a series of questions about the various 

2017 and 2018 wildfires and attach a spreadsheet that appears to repeat those questions. 

As I read your letter and your spreadsheet, you are asking essentially one question: does 

PG&E concede legal liability for any of the wildfires at issue in these cases? The answer 

to that question is no. 

As you note, we have stated that the Debtors will not contest causation for 

the purposes of estimation with respect to certain wildfires identified in the Debtors' 

Motion to Establish Procedures for Estimating Wildfire Claims (the "Estimation 

Motion"). 1 As we have also explained, the Debtors are willing to accept CAL FIRE's 

determinations that PG&E caused those fires in the context of an estimation proceeding 

in an effort to move these proceedings forward and ensure the fair and expeditious 

payment of valid claims. Consistent with this approach- as well as the facts of the 

Tubbs Fire- the Debtors will contest any claim that PG&E caused the Tubbs Fire, which 

1 Those fires are: the 2015 Butte Fire, the 2018 Camp Fire and the following 2017 North 

Bay Wildfires: (1) Adobe; (2) Atlas; (3) Blue; (4) Cascade; (5) Cherokee; (6) Highway 

37; (7) Honey; (8) La Porte; (9) Lobo; (10) Maacama; (1 1) Mccourtney; (12) Norrbom; 

(13) Nuns; (14) Oakmont/Pythian; (15) Partrick; (16) Pocket; (17) Point; (18) 

Potter/Redwood; (I 9) Pressley; (20) Sullivan; and (21) Sulphur. 

Case: 19-30088 Doc# 3436-9 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 2

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CAL FIRE concluded was started by faulty customer-owned equipment rather than 

PG&E electrical facilities. 

The fact that PG&E may have caused a specific fire does not resolve the 

question of whether PG&E is legally liable for damages associated with that fire and, as 

stated, the Debtors do not concede legal liability. Even if causation is established or 

uncontested, a claimant still needs to prove each element of his or her legal cause of 

action before legal liability attaches. As stated in our Estimation Motion, the Court will 

need to address these liability issues and the likelihood! of success on the wildfire claims 

as part of estimation. 

2 

Second, consistent with the discussion above, we agree that some 

discovery on liability issues will be necessary as part of the estimation process. Your 

assertion to the Court on July 26 that we have refused such discovery is demonstrably 

false. In my response to Mr. Maycon's July 1, 2019, letter, I explicitly stated that the 

Debtors "agree that there will need to be procedures for discovery into wildfire liability 

issues in the context of these bankruptcy proceedings". Subsequently, the Debtors 

requested an order from the Court specifically requiring the parties to meet and confer on 

the appropriate scope and schedule for wildfire liability discovery. (Proposed Order for 

the Establishment of Wildfire Claims Estimation Procedures at ,i 4 (''the Debtors shall 

meet and confer with the other parties in interest and shall present to the Court within two 

weeks of the date of this Order a proposed schedule for discovery ... associated with [the 

Tubbs Fire] hearing"), ,i 5 (''the Debtors shall meet and confer with the other parties in 

interest and shall present to the Court within three weeks of the date of this Order a 

proposed schedule for discovery ... associated with [the Final Estimation] hearing"). 

Thus, there is no disagreement as to the fact that the forthcoming 

estimation process will include liability discovery. Any suggestion to the contrary is 

false. It appears from your letter that the TCC is drafting a proposed schedule and 

protocol for such liability discovery as part of the estimation process. We would be 

happy to review that proposal once it is provided to us and meet and confer to resolve, or 

at least narrow, any disputes. 

Third, as you note in the July 30 letter, damages information "including 

the number of victims, calculation of economic and non-economic damages, and the like 

are critically important to the estimation process". (July 30 letter at 2.) This concession 

is consistent with the TCC's prior statement that the "day will come when additional 

documentation and information will be necessary" concerning individual claims. See 

Dkt. No. 1825, pg. 9. At the time you made the latter statement, you went on to say that 

the "TCC expects that this will occur in connection with any claims estimation 

proceedings that take place in the Chapter 11 cases". Id. Despite these recognitions, it is 

clear to everyone in these proceedings that the TCC and the trial lawyers working with it 

have made every effort to delay the exchange of information that will allow a true 

valuation of legitimate wildfire claims for as long as possible, all while insisting that the 

damages will exceed $50 billion. To use your words, the day has come to actually 

provide documentation to support the claims being asserted. Any estimation discovery 

protocol must address this issue. 

Case: 19-30088 Doc# 3436-9 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 3

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Accordingly, please consider this letter a request for the following: 

• any and all documents and/or information in the possession, 

custody or control of the TCC, its financial advisors, and the trial 

lawyers (including but not limited to Frank Pitre and Michael 

Kelly) that support your assertion, calculation and/or justification 

of alleged damages, including the $54 billion amount asserted in 

your recent filings; 

3 

• any and all documents and/or information in the possession, 

custody or control of those same individuals or entities concerning 

the damages asserted by any wildfire claimant; 

• any and all documents and/or information in the possession, 

custody or control of those same individuals or entities concerning 

Butte fire settlements; and 

• all documents and/or information concerning the claims of the 

members of the TCC who assert wildfire claims. 

In addition to the above categories of information that we are requesting at 

this time, it is our position that the estimation proceedings discovery protocol must 

include a schedule for the production of claimant-specific damages information 

concerning each wildfire claimant who submits a claim in these cases. In the alternative, 

we are willing to discuss the use of a damages questionnaire that each claimant filing a 

claim would be required to timely complete to provide basic information essential to the 

"calculation of economic and non-economic damages", including supporting 

documentation. We are preparing such a questionnaire and will circulate it soon for your 

review. 

Case: 19-30088 Doc# 3436-9 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 4

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In the meantime, we are available to meet and confer on damages 

discovery so that we can address this issue with the Court at the upcoming discovery 

status conference. 

Robert A. Julian, Esq. 

Kimberly Morris, Esq. 

Baker Hostetler 

11601 Wilshire Boulevard, Suite 1400 

Los Angeles, CA 90025 

Copies to: 

Frank M. Pitre, Esq. 

Cotchett , Pitre & McCarthy LLP 

840 Malcom Rd, #200 

Burlingame, CA 940 I 0 

Michael A. Kelly, Esq. 

Regards, 

~;/:,~ 

Walkup, Melodia, Kelly & Schoenberger LLP 

650 California St. 

San Francisco, CA 94108 

Andrew LeBlanc, Esq. 

Milbank LLP 

1850 K Street, NW, Suite 1100 

Washington, DC 20006 

Stephen Karotkin, Esq. 

Weil, Gotshal & Manges LLP 

767 Fifth Ave. 

New York, NY 10153 

Matthew A. Feldman, Esq. 

Benjamin P. McCallan, Esq. 

Wilkie Farr & Gallagher LLP 

787 Seventh A venue 

New York, NY 10019 

4 

Case: 19-30088 Doc# 3436-9 Filed: 08/07/19 Entered: 08/07/19 16:13:52 Page 5

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Howard D. Maycon, Esq. 

Cozen O'Connor 

601 S. Figueroa Street 

Suite 3700 

Los Angeles, CA 90017 

5 

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