BAKER 

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HOSTETLER LLP

ATTORNEYS AT LAW

SAN FRANCISCO

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Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 1

of 20
UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) 

In re: 

PG&E CORPORATION, 

- and -

PACIFIC GAS AND ELECTRIC 

COMPANY, 

Debtors. 

I Bankruptcy Case 

No. 19--30088 (DM) 

Chapter 11 

(Lead Case) 

(Jointly Administered) 

Proof of Claim (Fire Claim Related) 

RECEIVED 

OCT 18 2019 

iME CLERK LLC 

~ Date Stamped Copy Returned 

[ l No Self-Addressed Siamped Envelopt 

[ ] No Copy Provided 

Read the instructions before filing this claim form. This form is for tort claimants who have a claim against the Debtors (i.e. PG&E Corporation 

and Pacific Gas and Electric Company) that arose prior to the Debtors filing for bankruptcy (i.e. prior to January 29, 2019) and that arose from, 

or relates to, a fire. 

I Ori not use this forrii for non-4ire claims. )tlon~fire tort claimantsshoi.tld use Form 4~0. · ... · ~ 

Do NOT file a fraudulent daim. A person 1Nho files a fraudulent ciaim could be fined up to $500,000, imprisoned for up to 5 years, or both. 18 U.S.C. §§ 152, 

157, and 3571. 

Please type or print in the spaces below. Do NOT use red ink or pencil. 

•'..I,, ... ~ Identify the Claim 

1. Who is the current Departmen1 of Homeland SeOJrity/Federal Emergency Management Agency 

creditor? 

Name of the current creditor (the person or entity to be pa,d for this claim) 

2. Has this claim been iZJ No acquired from 0 Yes. From whom? someone else? 

3. Are you filing this claim ~ No If you checked "Yes", please provide the full name of each family member that you are filing on 

on behalf of your behalf of: 

family? 0 Yes 

A family is a group of two 

I 

or more people related by 

birth, marriage, domestic 

partnership, or adoplion 

and residing together. All 

such people are 

considered as members 

of one family. 

4. Where should notices Where should notices to the creditor be sent? Where should payments to the creditor be sent? 

and payments to the 0f different) 

creditor be sent? 

Federal Rule of Name f,.fatthew J Troy, Senior Tnal Attorney, DepartmoJm o1 Justice fllamB 

Bankruptcy Procedure Attome•; tJam-o (if app!lc..able) Attorney Mame {IT applicabl-e) 

(FRBP) 2002(g) 

Attorney· Bar Number (rf appl;c.able) Attorney Bar Numbeqif applic.ablet 

Street kddrsss PO 801 875, Ben Frankltn Station Street Address 

City Washlr1gton City 

State DC State 

Zip Code 20044-0875 Zip Code 

Phone f~umber 12021 514.903a Phone Number 

Emad Address Matthew.Troy@,usdoJ_gov E.rrctil Address 

5. Does this claim amend I&:] No 

one already filed? 0 Yes. Claim number on court claims regislry (ifknovm) ___ Filed on 

MM / DD / yyyy 

6. Do you know If anyone ~ No 

111 II 1111 I else has filed a proof 0 Yes. Who made tl,e earllerfi!ing? of claim for this claim? - 193008880010766 

Proof of Claim {Fire Related) Page 1 

Claim Number: 59692 

~--------------~-------- -~--------~--------------------------------------

Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 2

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1111 Give Information About the Claim as of the Date this Claim Form is Filed 

7. What fire is the basis of IZI Camp Fire (2018) 

your claim? D North Bay Fires (2017) 

Check all that apply. D Ghost Ship Fire (2016) 

D Bulle Fire (2015) 

D Other (please provide date and brief description offire: 

-

8. What are the loss Location(s): See attachment 

location(s) where you 

and/or your family 

suffered harm? (e.g. 

home or business 

address, place of injury, 

place from which you 

were evacuated, If 

different.? 

9. How were you and/or D Property Damage {homes, structures, personal property, land, trees, landscaping, and all other property 

your family harmed? damage) 

D Owner D Renter D Occupant D Ottier (Please specify): 

Check all that apply D Personal Injury 

D Wrongful Death (if checked, please provide the name of the deceased) 

D Business Loss/lntem.iplion 

D Lost wages and eamlng capacity 

D Loss of community and essential services 

D Agricultural loss 

~ Other (Please specify): See attachment 

10. What damages are you D Economic damages (including replacement cost of damaged property, diminution in value, loss of use, lost 

and/or your family Inventory, lost profits, and other economic damage) 

claiming/seeking? D Non-economic damages (including Joss of society and support, loss of consortium, pain and suffering, 

emotional distress, annoyance and discomfort, and other non-economic damage) 

Check all that apply [J Punitive, exemplary, and statutory damages 

D Attorney's fees and litigation costs 

D lnterest 

D Any and all other damages recoverable under California law 

131 Other {Please specify): See attachment 

11. How much is the claim? 

~ $ 2,552,285,006.62 - See attachment (optional) 

D Unknown/ To be determined at a later date 

Proof of Claim (Fire Related) Page 2 

Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 3

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Sign Below 

The person completing 

this proof of claim must 

sign and date it. 

FRBP 9011(b). 

If you file this claim 

electronically, FRBP 

5005(a)(2) authorizes courts 

to establish local rules 

specifying what a signature 

is. 

A person who files a 

fraudulent claim could be 

fined up to $500,000, 

Imprisoned for up to 5 

years, or both. 

18 U.S.C. §§ 152, 157, and 

3571. 

'-----------------------·---

Check the appropriate box: 

0 I am the creditor. 

IXl I am the creditor's attorney or authorized agent. 

I have examined the information in this Proof of Claim and have a reasonable belief that the information is true 

and correct. 

I declare under penalty of pe~ury that the foregoing is true and correct. 

Executed on date tJtT l 7 ""\i''mm/dd/yyyy) 

Signature 

Print the name of the person who is completing and signing this claim: 

Name Robert J. Fenton 

First name Middle name Last name 

TiUe Regional Administrator 

Company Department of Homeland Security/Federal Emergency Management Agency/Region IX 

Identify !he corporate se,vicer as the company if the authorized agent is a servicer. 

Address 1111 Broadway. Sui!e 1200 

Number Street 

Oalda11d CA 94607 

Con tact phone 

City 

510-627-7100 

Stale 

Email 

ZIP Code 

FEMA-R9-Regional-Administrator@ferna.dhs.gov 

Proof of Claim {Fire Related) Page 3 

Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 4

of 20
Attachment to Proof of Claim of United States of America 

in In re Pacific Gas and Electric Company 

Chapter 11 Case No. 19-30088 (DM) 

pending in the United States Bankruptcy Court for the 

Noiihern District of California 

Name of Creditor and Address: 

United States of America 

Department of Homeland Security 

Federal Emergency Management Agency 

Region IX 

1 111 Broadway, Suite 1200 

Oakland, CA 94607 

Attn: Robe1t J. Fenton 

Name and Address Where Notices Should Be Sent: 

MATTHEW J. TROY 

Civil Division 

U.S. Department of Justice 

P.O. Box 875 

Ben Franklin Station 

Washington, D.C. 20044-0875 

Attorney for United States 

Telephone numbers: 

(202) 514-9038 (Matthew J. Troy) 

Account or other number by \Vhich creditor identifies debtor: 

None. 

ITEMS 8, 9, and IO - Loss Location. Harm. and Damages: 

By filing this claim using the Proof of Claim (Fire Claim Related), the United States (a) 

does not concede that this claim is a \.Vildfire Claim, as defined in the Debtors' lvfotion Pursuant 

to 11 U.S.C. §§ l05(a) and 502(c)for the Establishmenl of Wilc!fire Claims Estimation 

Procedures, Docket No. 309 l; (b) reserves its right to argue that this claim is not subject to 

estimation; and (c) reserves its right to object to any plan of reorganization filed in the Debtor's 

case that purports to classify the United States' wildfire related claims as Wildfire Claims whose 

only source of recovery is a litigation trust with a channeling injunction and a capped funding 

amount established pursuant to an estimation proceeding. 

Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 5

of 20
Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter H Case No. 19-30088 (DM) 

A. The Stafford Act Provides FEMA a Statutory Cause of Action for Recovering 

Federal Assistance from Persons Who, by Their Intentional Acts or Omissions, 

Cause a Condition Resulting in a Major Disaster. 

On November 8, 2018, what became known as the "Camp Fire" started in Butte County, 

California. That same day, the Governor of California requested a federal emergency declaration 

under section 501 of the Robert T. Stafford Disaster Assistance and Emergency Relief Act 

("Stafford Act"), 42 U.S.C. §§ 5121 et seq, asserting to the President that the State of California 

was overwhelmed and in need of supplementary f edera! assistance to support firefighting, 

sheltering, and other emergency operations. On November 9, 2018, the President issued an 

emergency declaration under the Stafford Act (FEMA-3409-EM-CA) for the State of California 

for three wildfires in the state, including the Camp Fire. On November I 1, 2019, the Governor 

requested a major disaster declaration under section 40 I of the Stafford Act for this wildfire 

event, asserting to the President the event was beyond the capability of the state to respond to, 

and requesting supplementary federal assistance for debris removal, emergency protective 

measures, repair and replacement of public infrastructure, and assistance to individuals impacted 

by the fires. The President on November 12, 2018 determined the Camp Fire was beyond state 

and local capability and issued a major disaster declaration, (FEMA-4407-DR-CA), authorizing 

FEMA to provide Public Assistance and Individual Assistance to Butte County. 

The destruction caused by the Camp Fire was unprecedented. It affected tens of thousands of 

people, and left millions oftons of debris in its wake. According to the California Department of 

Forestry and Fire Protection (Cal FIRE), the Camp Fire alone destroyed more than 18,000 

structures, burned a total of 153,336 acres, and resulted in 85 civilian fatalities and several 

firefighter injuries. Cal FIRE News Release, CAL FIRE Investigators Determine Cause of the 

Camp Fire (May 15, 2019). FEMA has incurred significant costs to provide assistance to 

individuals, state and local governments and private non-profits for their expenses and losses 

resulting from the Camp Fire. To individuals FEMA has provided financial grants for housing 

repair, rental and other unmet, disaster-caused needs, and manufactured housing units for 

temporary housing. To the state and local governments FEMA has provided direct federal 

assistance which includes goods and services for debris removal activities and emergency 

medical response and financial grants for debris removal, firefighting and the repair and 

replacement of public infrastructure damaged by the fire. To certain non-profits FEMA has 

provided financial grants for the repair and replacement of facilities damaged by the fire. In 

addition, FEMA incurred significant expenses in coordinating, distributing, and overseeing this 

assistance. 

The Stafford Act is dear that assistance under the Act is supplementary. 42 U.S.C. § 

5122(2). The Act expects FEMA to offset taxpayer costs from third parties responsible for the 

event that resulted in the need for a major disaster declaration. 42 U .S.C. § 5160(a). The Act 

mandates FEMA avoid duplicating resources available to applicants from insurance and other 

sources. 42 U.S.C. § 5 l 55(a). 

Cal FIRE investigators determined that electrical transmission lines in the Pulga area, owned 

and operated by Pacific Gas and Electric Company (the Debtor) caused the Camp Fire. Cal FIRE 

2 

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Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

News Release, C4L FIRE Investigators Determine Cause of the Camp Fire (May 15,2019). The 

investigation also identified a second fire ignition site also caused by the Debtor's electrical 

distribution lines, which was consumed by the first. Id. Cal FIRE fonvarded their investigative 

report to the Butte County District Attorney for potential prosecution. Id 

The Camp Fire is the latest of severa.l major fires that Cal FIRE has attributed to the Debtor's 

equipment in the last four years. In addition to the Camp Fire, the deadliest and most destmctive 

wildfire in the history of California. Cal flRE also determined the Debtor's equipment caused 12 

of the 14 major fires that occurred in October 2017. Cal FJRE News Release, CAL FIRE 

Investigaturs Determine Causes of I 2 Wihffires in A1endocino, Humboldt, Butte, Sonoma, Lake, 

and Napa Counties (June 8, 2018). The 2017 Northern California Wildfires attributed to PG&E 

burned 175,337 acres, destroyed 8,585 structures, and caused 42 fatalities. The Debtor also 

caused the Butte Fire in Calaveras County in 2015 which burned 70,868 acres, 965 structures, 

and resulted in deaths and injuries. Cal FIRE News Release, CAL FIRE Investigators Determine 

cause <~f destructive Butte Fire (April 28, 2016). Though caused by PG&E, these fires were 

included in separate major disaster declarations under the Stafford Act. 

Section 3 l 7 of the Stafford Act states, "[a]ny person who intentionally causes a condition for 

which Federal assistance is provided under this Act or under any other Federal law as a result of 

a dee laration of a major disaster or emergency under this Ad: shall be liable lo the United States 

for the reasonable co~ts incurred by the United States in responding to such disaster or 

emergency lo the extent that such costs are attributable to the intentional act or omission of such 

person which caused such condition. Such action for reasonable costs shall be brought in an 

appropriate United States district court." (emphasis added) 42 U.S.C. § 5l 60(a). 

FEMA is required to seek reimbursement for the assistance it provided under the Stafford 

Act. FEMA asserts that the costs it expended in disaster assistance for the Camp Fire, as 

described in Item 1 1, are reasonable and were required by a condition caused by the Debtor. 

PG&E is lherefore liable to the United States for these costs. 

B. FEMA Can Recoyer Disaster Assistance from the Debtor Because the Debtor 

Created a Public Nuisance. 

The Debtor's creation of the Camp Fire constituted a nuisance that was hannful to health and 

interfered with the comfortable enjoyment oflife or property. Under California law, a nuisance 

is defined as "[a]n}1hing which is injurious to health, ... or is indecent or offensive to the senses, 

or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of 

life or property." Cal. Civ. Code §3479. A public nuisance also "affect[s] at the same time an 

entire community or neighborhood, or any considerable number of persons, although the extent 

of the annoyance or damage inflicted upon individuals may be unequal." Cal. Civ. Code §3480. 

The Debtor created the Camp Fire condition causing widespread, substantial hann to both 

people and property that is not outweighed by the social utility of Debtor's conduct. With the 

State of California ·s resources ovenvhelmed, FEMA expended costs lo abate the nuisance that 

\Vas the direct result of Debtor's conduct and lack of oversight of its electric system. 

3 

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Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

C. FEMA's Provision of Disaster Assistance Unjustly Enriched the Debtor. 

Restitution for an unjust enrichment is an appropriate remedy for the Debtor's conduct in 

causing the Camp Fire. Restitution is appropriate because it would be inequitable for the Debtor 

to retain the benefit of FEMA's assistance without paying for its value. The Debtor has received 

an unjust enrichment from the Federal government because the Debtor has not accepted the 

financial burden resulting from its conduct and instead, has relied on the public fisc to make the 

victims of the fire whole. Providing restitution in the amounts described in Hem 11 would 

remove some ofthe financial gains of the Debtor's conduct and would require the Debtor to pay 

its fair share of recovery. 

ITEM 11 - Amount of Claim: 

Overview 

The stated amount of this claim reflects the Debtor's currently known liability to the 

Depa11ment of Homeland Security, Federal Emergency Management Agency (FEMA) for the 

debt described herein, and FEMA reserves the right to amend, supplement, and/or correct this 

proof of claim. 

This claim is entitled to treatment as a secured claim under 11 U.S.C. § 506 to the extent it is 

subject to setoff by a claim of the Debtor against FEMA or any other United States agency, 

department or instrumentality. The United States is a unitary creditor for purposes of setoff. 

Any monies identified as O\ving to the Debtor by any United States agency, department or 

instrumentality other than FEMA are subject to setoff against this claim. The administrative 

freeze of any such monies owing to the Debtor by the United States is without prejudice to the 

United States' right under 11 U .S.C. § 553 to setoff such monies against this claim. 

Costs associated with FEMA's Proof of Claim has three broad categories: 

1. Public Assistance - Direct assistance and financial assistance to the State, local 

government, tribal governments, and certain private non-profits for debris removal, 

emergency protective measures, and the pennanent repair/replacement of damaged 

infrastructure. 

2. Individual Assistance - ( l) Financial assistance to individuals and households for 

repair/replacement of damaged housing, temporary housing, and other needs; (2) Direct 

temporary housing assistance to individuals and households (e.g., Mobile homes and 

travel trailers); and (3) Financial assistance to government agencies or non-profits to 

provide community services for disaster unemployment, crisis counseling, case 

management, and legal services. 

3. Administrative Costs - FEMA 's direct costs incurred in administering its major disaster 

assistance programs. These costs include, but are not limited to, wages, travel, support 

4 

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Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

from other Federal agencies, support from contractors, temporary facility expenses, and 

supplies and equipment. 

The below sections provide additional detail on each of these categories of costs. FEMA is 

providing summary spreadsheets accounting for these costs. The primary spreadsheet FEMA 

utilizes to track disaster specific obligations is the Financial Information Tool (FIT) Report. A 

large portion of Public Assistance projects have not yet been obligated, so a summary 

spreadsheet from the FEMA Grants Manager system is also included. FEMA has thousands of 

pages of documentation available to support each entry on the FIT Repmi and Grants Manager 

which can be made available upon request. 

FEMA CAMP FIRE (DR-4407) COSTS 

PUBLIC ASSISTANCE 

Financial Assistance 

County Project Worksheets $ 197,373,344.89 

State Agency Project Worksheets $ 1,957,329,141.70 

Direct Federal Assistance 

Mission Assignments $ 56,272,331.84 

FEMA Commodities $ 3,316,167.57 

PA TOTAL $ 2,214,290,986.00 

INDIVIDUAL ASSISTANCE 

Individuals and Households Progran1 

Housing Assistance $ 51,883,922.55 

Other Needs Assistance (75% Federal Share) $ 30,185,791.05 

Transitional Sheltering Assistance $ 3,621,020.43 

Direct Tempm·m)' Housing Assistance $ 128,856,931.49 

Community S'ervices Programs 

Disaster Unemployment Assistance $ 882,581.98 

Crisis Counseling Program $ 3,046,295.14 

Disaster Case Management $ 3,988,826.08 

Disaster Legal Services $ 4,700.00 

IA TOTAL $ 222,470,068.72 

ADJ\flNISTRATIVE COSTS 

Salaries and Benefits $ 49,311,172.27 

Travel $ 22,147,041.34 

Transportation $ 299,065.28 

Rent, Communications, and Utilities $ 3,482,304.01 

5 

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Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 9

of 20
Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

Federal Operations Support $ 20. 118,490.49 

Supplies and Materials $ 523,484.29 

Equipment $ 1,077,676.27 

Other Services $ 4,103,392.27 

Contractor Services $ 14,461,325.68 

AD MIN COST TOT AL $ 115,523,951.90 

CAMP FIRE TOTAL $ 2,552,285,006.62 

Public Assistance Costs 

Public Assistance includes direct assistance and financial assistance to the State, local 

government, tribal governments, and certain private non-profits (Applicant) for debris removal, 

emergency protective measures. and the permanent repair/replacement of damaged infrastructure 

authorized under sections 403, 406, and 407 of the Stafford Act. FEMA may provide Public 

Assistance through either financial assistance or direct Federal assistance. 1 

A. Financial Assistance 

FEMA divides Public Assistance into two broad categories: emergency work and permanent 

work. These types of work are further subdivided into specific categories as follows: 

Emergency Work 

Category A -- Debris Removal 

Category B - Emergency Protective Measures 

Permanent Work 

Category C - Roads and Bridges 

Category D - Water Control Facilities 

Category E - Buildings 

Category F - Utilities 

Category G - Parks, Recreation, Other 

Debris removal (Category A) includes the removal and disposal of debris from public 

property. FEMA may also reimburse State and local govemments for debris removal from 

private property when it is determined that the removal of such debris is in the public interest. 

Emergency protective measures (Category B) includes actions taken to save lives and alleviate 

immediate threats to public health and safety such as, but not limited to, fire suppression, 

evacuations, sheltering, and emergency medical care. Permanent work (Categories C-G) 

includes the permanent repair or replacement of disaster-damaged facilities. In addition, FEMA 

provides Public Assistance funding for administrative costs refen-ed to as Category Z. 

1 FEMA notes it is only including the Federal share of Public Assistance costs in this Proof of Claim. Other public 

entities, including the State and local governments, may be filing a Proof of Claim for the same projects that include 

the Federal and non-Federal share. IffEMA's claim is allowed by the Court, the Proofa of Claim filed by these 

other entities may be reduced by the Federal share. 

6 

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Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

FEMA may provide Public Assistance through either financial assistance or direct Federal 

assistance. Under financial assistance, FEMA reimburses the Applicant for the Federal share of 

eligible ,vork perfonned by the Applicant. The eligible scope of work and cost for each project 

funded by FEMA is documented in a Project Worksheet. FEMA is in the process of transferring 

from the Emergency Management Mission Integrated Environment (EMMIE), a system used to 

record Federal obligations for the Public Assistance program, to the Cirants Manager (GM) 

system. Project Worksheets for DR-4407 are being recorded in Grants Manager and include 

both obligated/approved projects and estimates for projects pending final revie,v. Due to the 

voluminous documentation supporting each Project Worksheet, this Attachment includes a 

summary spreadsheet of Public Assistance projects for DR-4407. Additional supporting 

documentation is available for each project, which can be made available upon request. 

B. Direct Federal Assistance 

Besides financial assistance, FEMA may also provide direct Federal assistance. Under direct 

Federal assistance, the Federal government provides Federal property or services to perform a 

specific mission requested by the State. FEMA may provide commodities or equipment directly 

to the State from existing warehouse stores or directly purchase and provide commodities or 

equipment. These costs are recorded in the Enterprise Coordination & Approvals Processing 

System (eCAPS) for each order. Costs associated with FEMA commodities provided to the 

State are included in the "Immediate Needs Assistance" line item of the FIT Report. Additional 

supporting documentation can be made available upon request. 

FEMA may also task and reimburse another Federal agency, under the authority of the 

Stafford Act, to provide direct Federal assistance to a State. The scope of work and cost eligible 

for reimbursement to the other Federal agency is documented in a Mission Assignment, vvhich is 

recorded in eCAPS. Due to the voluminous documentation available to suppo1i each Mission 

Assignment, this Attachment includes a summary spreadsheet of the Mission Assignment orders 

for DR-4407. Additional supporting documentation is available for each Mission Assignment, 

which can be made available upon request. 

C. Incident Summary 

The major disaster declaration DR-4407 included the Camp Fire in Butte County and the Hill 

and Woolsey Fires in Los Angeles and Ventura Counties. All Public Assistance costs directly 

related to the Hill and Woolsey Fires are excluded from this Proof of Claim. For State Agency 

work that supported all three wildfires, FEMA is claiming 88% of costs based on the relative 

damage caused by the Camp Fire versus the Hill and Woolsey Fires. FEMA calculated this 

percentage by comparing State Agency costs that were directly related to the Camp Fire versus 

those directly related to the Hill and Woolsey Fires. 

FEMA has funded 35 Project Worksheets for Applicants located within Butte County to date 

with an additional 77 Project Worksheets pend.ing final review, which are all directly related to 

the Camp Fire. FEMA funded an additional 25 Project Worksheets for State Agency Applicants 

with an additional 44 Project Worksheets pending final review. Fifteen (15) of the State Agency 

7 

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Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

Project Worksheets were for work solely peitonned in Butte County and are all directly related 

to the Camp Fire. Twenty-nine (29) of the State Agency Project Worksheets were for work 

solely perfonned in Los Angeles and Ventura Counties and are not related to the Camp Fire. 

The remaining 25 of the State Agency Project Worksheets were for work supporting all three 

fires, so FEMA is claiming 88% of the costs. 

FEMA is also claiming costs for two major State Agency projects that are not yet recorded in 

the Grants Manager system. The first is a revised update to the cost of the California Department 

of Resources Recycling and Recovery (Cal Recycle) debris removal mission in Butte County, 

which comprises the majority of FEMA's claim. Cal Recycle has provided an up-to-date 

estimate of their costs based on costs incurred to date as they near mission completion. The 

second major project is a recently authorized program to remove hazardous trees that are a threat 

to public safety that may fall into rights-of-way and other improved public property. The 

California Governor's Office of Emergency Services (Cal OES) will be carrying out this mission 

and has provided an initial cost estimate for this program. 

FEMA issued 14 direct Federal assistance Mission Assignments to other Federal agencies to 

provide direct assistance to the State, which supported response to all of the fires, so FEMA is 

claiming 88% of the costs. FEMA commodities were provided for all of the fires, so FEMA is 

claiming 88% of the costs. 

Individual Assistance Costs 

Overview 

Individual Assistance includes financial assistance to individuals and households for 

repair/replacement of damaged housing, temporary housing, and other needs and direct 

temporary housing assistance (e.g., Mobile homes and travel trailers) under section 408 of the 

Stafford Act. Individual Assistance also includes financial assistance to government agencies or 

non-profits to provide community services for disaster unemployment, crisis counseling, case 

management, and legal services under sections 4 l 0, 415, 416, and 426 of the Stafford Act. The 

Federal share of Individual Assistance, with one exception, is 100% of eligible costs. The 

Federal share of the Individual and Household Program - Other Needs Assistance program is 

75% of eligible costs with the State paying the other 25%. 

A. Assistance Directly to Individuals and Households 

Assistance directly to individuals and households is provided through the Individuals and 

Households Program. Under the Jndividuals and Households Program, FEiv1A may provide 

financial assistance for the repair/replacement of damaged housing, temporary housing (e.g., the 

cost of renting temporary housing or lodging expenses), and other unmet disaster-caused needs 

(referred to as the Other Needs Assistance program) such as replacement of personal property, 

medical/dental expenses, childcare expenses, and funeral expenses. For DR-4407, the maximum 

amount of financial assistance available under the Individuals and Households Program was 

$34,900 for each of the three categories of assistance ($104,700 total). 

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Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter H Case No. 19-30088 (DM) 

Individuals and households are also eligible for direct temporary lodging assistance under the 

Transitional Sheltering Assistance program. Under the Transitional Sheltering Assistance 

program, FEMA directly pays participating hotels to house disaster survivors. Eligible 

applicants must receive authorization from FEMA to stay in a Transitional Sheltering Assistance 

program participating hotel. When there is insufficient temporary housing available in an 

affected community, FEMA may also provide individuals and households with direct temporary 

housing assistance through temporary housing units such as a mobile homes and travel trailers. 

FEMA provides temporary housing by placing temporary housing units on disaster survivor's 

land, commercially leased space, or on group sites built by FEMA. Costs associated with a 

direct housing mission include purchase, transportation, installation, and removal of a temporary 

housing unit, lease costs for a temporary housing unit site, and other incidental expenses such as 

utilities or installation of accessibility features. 

B. Community Services Programs 

Jn addition to assistance provided directly to individuals and households, FEMA provides 

financial assistance to government agencies or non-profits to provide community services to the 

entire disaster affected community for disaster unemployment, crisis counseling, case 

management, and legal services. 

For the Disaster Unemployment Program, FEMA provides funding to the California 

Employment Development Department to provide assistance to the State for individuals who 

have disaster-caused unemployment. 

For the Crisis Counseling Program, FEMA provides financial assistance to the California 

Department of Healthcare Services to fund mental health counseling for disaster survivors. 

Funding is provided under two grants: the Immediate Services Program and the Regular Service 

Program. 

For the Disaster Case Management Program, FEMA provides financial assistance to the 

California Depaitment of Social Services to provide case management services to disaster 

survivors to address their unmet needs. 

For the Disaster Legal Services program, FEMA provides financial assistance to the 

American Bar Association, Young Lawyers Division to fond administrative costs associated with 

coordinating disaster pro bono legal services to individuals affected by a disaster. 

C. Incident Summary 

The major disaster declaration DR-4407 included the Camp Fire (Butte County) and the Hill 

and Woolsey Fires (Los Angeles and Ventura Counties). All Individual Assistance costs directly 

related to the Hill and Woolsey Fires are excluded from this Proof of Claim. For the community 

services programs that suppmted all three fires, FEMA is claiming 94% of costs based on the 

relative damage caused by the Camp Fire versus the Hill and Woolsey Fires. FEMA calculated 

this percentage by comparing the amount of financial assistance provided to disaster survivors 

9 

Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 13

of 20
Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

impacted by the Camp Fire versus those disac;ter survivors directly impacted by the HiH and 

Woolsey Fires. 

FEMA provided l 2,190 Housing Assistance awards and 4,821 Other Needs Assistance 

awards to individuals and households within Butte County, which are all directly related to the 

Camp Fire. 619 individuals and households within Butte County received Transitional 

Sheltering Assistance for a total of 33,737 room nights. 

Because of the lack of available temporary housing in the affected community, FEMA 

activated its direct housing program for DR-4407. FEMA is providing 684 temporary housing 

units for disaster survivors in Butte County. The direct housing program ,vas not activated for 

the Hill or Woolsey Fires. Temporary housing units are located on private sites, commercial 

sites, and group sites built by FEMA. Documentation for costs associated with temporary 

housing are included in "Manufactured Housing" line item of the FIT Report. 

Administrative Costs 

Overview 

FEMA's costs for administering its major disaster assistance programs include, but are not 

limited to, salaries and benefits, travel, support from other Federal agencies, support from 

contractors, temporary facility expenses, and supplies and equipment. FEMA's administrative 

costs arc fully funded by the Federal government, as there is no State cost share. 

A. Salaries & Benefits 

FEMA utilizes both permanent and temporary staff to support its major disaster assistance 

programs. FEMA's permanent staff are hired under the authority of Title 5 of the U.S. Code and 

are funded from regularly occurring appropriations. For permanent employees, FEMA charges 

overtime costs to a specific major disaster declaration, and those are the only wages included in 

this Proof of Claim for this category of employee. 

FEMA 's temporary employees that support major disaster declarations are hired under the 

authority of the Stafford Act and can be either full-time or part-time. Full-time temporary 

employees are referred to as Cadre of On-Call Response Employees (CORE), and part-time 

employees are referred to as Reservists. FEMA may also employ local hires that support a 

specific disaster declaration. For all categories of temporary employees, both base wages (e.g., 

40 hours per week) and overtime spent vmrking on activities directly related to a specific major 

disaster declaration are charged to that major disaster declaration and are included in this Proof 

of Claim. 

Time and attendance for all categories of FEMA employees is recorded in the Web Time and 

Attendance (WebTA) system administered by the U.S. Department of Agriculture National 

Finance Center. Payment made to employees are recorded in the Integrated Financial 

10 

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Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

Management Infom1ation System (IFMIS). Due to the voluminous documentation available to 

support these costs, this Attachment includes a summary spreadsheet from the FIT Report. 

B. Travel 

FEMA incurs travel expenses to ensure staff are on-site to support disaster affected 

communities at the Joint Field Office, Area Field Office, Disaster Recovery Centers, and other 

locations. These costs include transportation, per diem (lodging and meals), and other necessary 

expenses in accordance with the Federal Travel Regulations. FEMA utilizes Concur 

Government Edition for all travel arrangements, including the processing of travel authorizations 

and vouchers. Payments made in support of approved travel vouchers are recorded in IFMIS. 

Due to the voluminous documentation available to support these costs, this Attachment includes 

a summary spreadsheet from the FIT Report. 

C. Transportation 

ln order to carry out its mission, FEMA must transport commodities and equipment to 

staging areas and disaster affected locations. Transportation also includes package and 

document delivery services (e.g., FedEx, UPS, DHL, etc.). Orders for transportation services are 

recorded in eCAPS. Due to the voluminous documentation available to support these costs, this 

Attachment includes a summary spreadsheet from the FIT Report. 

D. Rent, Communications, Utilities; Print and Reproduction; Supplies and Materials; 

Equipment; Other Services 

Jn order to provide its disaster assistance directly to disaster affected communities, FEMA 

operates temporary facilities for each major disaster declarations. Typical temporary facilities 

include the Joint Field Office, Area Field Offices, Disaster Recovery Centers, and other 

locations. Typical costs incurred in operating these facilities include, but are not limited to, rent, 

utilities, security services. and janitorial services. FEMA also incurs costs for necessary 

supplies, equipment, and printing and copy services to operate at these facilities and administer 

its programs. Costs associated with each of these expenses are recorded in eCAPS. Due to the 

voluminous documentation available to support these costs, this Attachment includes a summary 

spreadsheet from the FIT Repoti. 

E. Mission Assignments - Federal Operations Support 

In order to catTy out its mission, FEMA may task and reimburse another Federal agency, 

under the authority of the Stafford Act, to provide Federal Operations Support for FEMA. This 

may include, but is not limited to, technical experts from other Federal agencies, transportation 

for FEMA assets and personnel on other Federal agency vehicles, or supplemental personnel to 

carry out FEMA functions. The scope of work and cost eligible for reimbursement to the other 

Federal agency is documented in a Mission Assignment, which is recorded in the Enterprise 

Coordination & Approvals Processing System (eCAPS). Due to the voluminous documentation 

available to support these costs, this Attachment includes a summary spreadsheet from the FIT 

Report as well as a summary spreadsheet of each Mission Assignment order. 

11 

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Attachment to Proof of Claim of United States of America 

In re Pacific Gas and Electric Company, Chapter 11 Case No. 19-30088 (DM) 

F. Contractor Services 

In order to carry out its mission, FEMA may also utilize the services of Federal contractors to 

provide technical and other services. The primary contract mechanism that FEMA utilizes for 

major disaster declarations are the Public Assistance Technical Assistance Contract (PA-TAC) 

and the lndividual Assistance Technical Assistance Contract (IA-TAC). (There is also a Hazard 

Mitigation Technical Assistance Contract which is not included in this Proofof Claim.) Orders 

for services against these pre-existing Agency contracts are recorded in eCAPS. Due to the 

voluminous documentation available to support these costs, this Attachment includes a summary 

spreadsheet from the FIT Report. 

G. Incident Summary 

The major disaster declaration DR-4407 included the Camp Fire (Butte County) and the Hill 

and Woolsey Fires (Los Angeles and Ventura Counties). FEMA's administrative costs are 

supporting activities for all three fires and cannot be separated. FEMA is claiming 89% of costs 

based on the relative damage caused by the Camp Fire versus the Hill and Woolsey Fires. 

FEMA calculated this percentage by comparing the amount of disaster assistance being provided 

for the Camp Fire versus the amount of disaster assistance being provided for the Hill and 

Woolsey Fires. 

Supporting Documentation Index 

Document Summary Pages 

Financial Information Tool Report 13-15 

Summary Spreadsheet of Public Assistance Projects 16-34 

Updated Cal Recycle Debris Removal Estimate 35 

Cal OES Tree Removal Estimate 36 

Summary Spreadsheet of Direct Federal Assistance Mission Assignments 37 

Summary Spreadsheet of Federal Operations Support Mission Assignments 38-39 

12 

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UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO Dl\flSION) 

In re: 

PG&E CORPORATION, 

• and -

PACIFIC GAS AND ELECTRIC 

COMPANY, 

Debtors. 

Bankruptcy Case 

No. 19-30088 (OM) 

Chapter 11 

{lead Case) 

{Jointly Administered) 

Proof of Claim (Fire Clain, Related) 

18 2019 

CLERK LLC 

Read the instrnctions before fllino this claim fom1. This form is for tort claimants who have a claim against the Debtors {I.e. PG&E Corporation 

and Paciflc Gas and Electric Company) thal arose prior to the Debt,n·s filing for bankruptcy (i.e. prior lo Jamiary 29, 2019) and that arose from, 

or relates to, a tlre .. 

Do NOT me !:l frm.Hlulenl daim. t\ pe.snn 

157. and 3571. 

Please t:yp~ or print in the spaces beiow. Do NOT use roo inl< or pencil. 

1, Who is the current 

creditor? 

!Kl No 2. Has this claim been 

acquired from 

someone else? 0 Yes. Fmm whom?------··-· ---------------------·-----~-~-_-___ -_-,::-_-_-_-~---

3 Are you filing this claim !Zl No 

on behalf of your 

if you cheeked "Yes", please provide the full name of each family memb'l)r that you are flllng on 

behalf of. 

family? 0 Yes 

A fem1ly is a of two 

or more ,elated by 

b~iih, marriege1 domestic 

nm·,n,•r«r,in or adnption 

toge!!ier. All 

tlff~ 

Where should notices 

and payments to I.he 

creditor be sent? 

Wlwm should notices to th'1 creditor be sent? 

Federal Rule of 

1

15. Does this claim amend 

one already filed? 

t[J No 

0 Ye'.<~-- C~aim .11utn.ber 

6. Do you !mow if anyono !Al No 

else has filed a proof O Yes Vl/llo ma,1e i11e ear!ier~Hng·, of claim for this claim? 

Proof of Claim (Fire Related) 

Claim Number: 59734 

Wlnire shm,i!d payments to the creditor bi; sent? 

(H rJifferenli 

-- --=~1 

Filed on 

MM ,c,e -_J 

11111111 I N 11 Page 1 

1930088600101 Hl 

Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 17

of 20
Fifi Give Information About the Claim as of the Date this Ci:aim Form is Filed 

I? What fire is tha basis of l ', 

your claim? 

8, What are the loss 

locatlon(sj where you 

anciior your family 

suffered harm? (e.g. 

home or business 

address, place of injury, 

place from which you 

were evacuated, if 

different.? 

9, How were you and/or 

your family harmed? 

Check all tilal apply 

HJ. Wl1at damages are you 

and/or your family 

ciaimfr,g/seeking? 

Check all th<ll apply 

0 (:;imp Fire (2!3Hl) 

!Kl North Bay Fir,es (2017; 

0 G!'10Sl Ship Fire (20, 6) 

0 Buae Fire (2015) 

0 Other (please provide da:e and brief description of fire _____________________ _ 

D 

0 

0 

D 

D 

D 

lZl 

D 

Localiontst __ s_e_e_a_lt_a_c_hn_,·,_e_n_l ______________________________ _ 

Property Damage (homes, strudmes. peffi011ai pmpt~ ty, land, tr.ie5, iari,:lscaping,, and all oltwr property 

dam.ige) 

0 O,vner D Renter O Oc;::vp,:,nl O Other (Plo3se sper.if/): 

Personal Injury 

Wrongful Death (if ct,eckoo, please provide ttie narn,r of the deceased) 

Busioosc<1 Loss/Interruption 

Los! wages and eamin,3 c.apactty 

Loss of community am:l essent•al sen/Ices 

Agrlcullural l,:iss 

See a!lachmen! 

Economlc aa1na1Je;; (iridudlng replacemem oosl of !,jamaged property, dimin!J!ion In value, loss of use, lost 

Inventory, losl :and other ewnom\c damage) 

0 Noo-!S(;Onomlc damages {lnduding loss of society and support, loss of c,:;nsortium, pain and suffering, 

emotlom,I dlsttesiL iil'1noyam:e arid dl~fort Wld otner rv::>n/4c,:inomic damage) 

0 Punlfr,:e, .exemplary, and sla!utory damages 

0 

0 lnteresl 

0 Any and 11U other diim,;gei; recovemble under Ca!ctomia !aw 

,__ ___________ ~ __ Other (Please sp;?cif1}: . '"-~~-e-~~,idlmerrt .. :·==-:·------------=-=-,==============::__-! 

11 How much is th12! claim? W $ ·J,227,537,473Ji1 .. See aUachment (oplionan 

D U nl<nov.11 I Tc be determined ai a later date 

'l 

I> 

Proof of Claim (Fire Related) Page 2 

Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 18

of 20
j§fl Sign Below 

The person completing 

this proof of cialm must 

sign and date it 

FRBP 9011(bj. 

authorizes courts 

lo local mle~ 

specifying whal a signatur;:: 

is, 

A person who filos a 

fraudulent claim could be 

fined up kl $500,000, 

imprisoned for up to 5 

years, or both. 

18 U.S.C. §§ 152, 157, and 

3571. 

0 I arr; tta, creditoL 

IZ) ! am !he crndi\or·~ @tlom,;;y or ,m!horized agent 

I have examined lh-2, inforrrn,!lon in IJ1is Proof of Claim and have a reasonable belief it·,at !he iniornmlion is true 

and corred 

Print the name of Urn person who is completing and signing this claim; 

Crmtac1 phone 

J. 

-·-· -· -------------------~-----·------- First nam€' fvlkldie n.ame 

Department :c;f HaMe~~nd $2c•J1:H:y1Faderal Emergenc:·~ M.an~gem..,;in.t A~ency/Reg1or. ~1<~ _ ~ _ ~ ~~-----o-.= 

identify th-::: corporate se,,'\f1G£i As th,~ compmly if the authorized £l'J~n11-1 a -se-rvk:et. 

CA 

Cfty 

------

Proof of Claim (Fire Related) 

94607 

ZIP Cooi, 

---~=~:~<3-ReG!onal-Mmimstrato;@f•Sff1£!.d!1sgov I 

Page 3 

Case: 19-30088 Doc# 4943-5 Filed: 12/02/19 Entered: 12/02/19 16:07:12 Page 19

of 20
Attachment to Proof of Claim of United States of America 

in In re Pacific Gas and Electric Company 

Chapter l1 Case No. 19-30088 (DM) 

pending in the United States Bankruptcy Court for the 

Northern District of California 

Name of Creditor and Address: 

United States of America 

Departmenl of Homeland Security 

Federal Emergency !\11anagement Agency 

Region IX 

l l 11 Broad\1/ay. Suite 1200 

Oakland, CA 94607 

Ann: Robe11 J. Fenton 

Name and Address Where Notices Should Be Sent: 

MATTHEW J. TROY 

Civil Division 

U.S. Department of Justice 

P.O. Box 875 

Ben Franklin S1ation 

Washington. D.C. 20044-0875 

Attornev !i:ir United Slates 

Telephone mnnbers: 

(202) 5 l 4-9038 (f\fatthew J. 

Accoun! or other number by vvhich CT(.'ffitor id,;::ntifies debtor: 

None. 

rnJvlS 8. 9. and l O ··· Loss Location. } farm. and Dama!!es: 

By fil this claim using the Proof of Claim {Fire Clahn Related), the United States (aJ 

does not concede that is a Wildfire Claim. as defined in the Debtvrs' Motion Pursuant 

to l l U.,\".C §§ 105(0) and 502(c)for the Es1oh!fahment o{Wih[lire Estimation 

J>roc.:d11res, Docket Nc1. 30() I; ( b) rc$erve-; its to argm:'. that this clairn is not subject to 

cstirnation: and (c) reserves it<. right to object lo any plan of reorganization filed in the f)ebtor·s 

case that purports lo classify the Vnitt·d Stz,tes· \.vildfire claims as Wildfire Claims whose 

only .sOHf\.:e recovi:::ry is a litigation trust \Vith a channcli!1g injunction and a capped funding 

amount established pursuant to an estimation proceeding. 

1 

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